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O F?"~ P i\...:_ ~ AMENDMENT NO.5 This Agreement ("Amendment No.5") is entered into and effective as of the Wthday of &~+exn ~\ ,2009, by and between the City of Redwood City, a charter city and municipal corporation of the State of California ("City"), and the Town of Atherton, a municipal corporation of the State of California ("Atherton') (collectively, the "P arti es"). RECITAL A. The parties previously entered into an agreement entitled "Agreement Vehicle Maintenance Services (Atherton)," dated April 27, 2000 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No.1, dated July 2, 2002, Amendment No.2, dated June 24, 2004, Amendment No.3, dated August 2, 2006, Amendment No.4 dated July 1, 2008 and is again amended by this Amendment No.5. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and C. The Parties entered into the Original Agreement as Amended for the purpose of having City provide Atherton with vehicle maintenance services, and the Parties now wish to amend the Original Agreement as Amended to reflect current labor rates for maintenance and repair services. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. That section number 4 of the Original Agreement as Amended, entitled "Agreement for Vehicle Maintenance Services (Atherton)" is hereby amended to read as follows: "4. COMPENSATION: COSTS: REVISIONS. Atherton shall compensate City for labor furnished hereunder for Maintenance Services at the hourly rate of one-hundred-nineteen and 49/1 00 Dollars ($119.49), including common labor, skilled labor, trained mechanic's services or other labor or services necessary or appropriate for furnishing such Maintenance Services. Atherton shall pay city for all parts and supplies furnished in connection with such maintenance Services at the cost thereof to City plus fifteen percent (15%) for overhead and administrative costs. All services rendered by City, including parts and supplies, shall be billed to Atherton monthly. City will consult with Atherton before conducting major repairs exceeding One Thousand Dollars ($1,000.00) for parts and/or Two Thousand Dollars ($2,000.00) for parts and labor combined.