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<br /> 5.1C
<br /> Page 2
<br /> AMENDMENT NO.2
<br /> TO AGREEMENT FOR INFORMATION TECHNOLOGY
<br /> SUPPORT BETWEEN THE CITY OF REDWOOD CITY
<br /> AND THE CITY OF BURLINGAME
<br />This Amendment No. 2 is entered into and effective as of the _ day of
<br /> , 2006, amending the agreement dated February 23, 1999 (the
<br />"Agreement") by and between the City of Redwood City, a charter city and municipal
<br />corporation ("City"), and the City of Burlingame, a municipal corporation of the State of
<br />California ("Burlingame") (collectively, the "Parties") for Information Technology support.
<br /> RECITALS
<br />A. On February 23, 1999, the Parties entered into the Agreement, which
<br />became effective on July 1, 1998, for a term through June 30,1999, and is renewable
<br />on a year-to-year basis for each fiscal year from July 1st through June 30th; and
<br />B. On September 2, 2003, the Parties executed Amendment No. 1 to the
<br />Agreement to renew the Agreement on a year-to-year basis, adjust Burlingame's hourly
<br />commitment and Redwood City's hourly rate annually per a signed letter between
<br />Redwood City and Burlingame, and restate the terms and conditions of, and those
<br />services described in, the Agreement; and
<br />C. The Parties have negotiated Amendment No. 2 to the Agreement for
<br />2006/07, and have agreed to a supplemental scope of work and fee schedule (Exhibit
<br />H), which is attached to and incorporated by this reference.
<br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants
<br />contained herein, the Parties agree as follows:
<br />1. That the services described in the Agreement are restated, and that
<br />Redwood City will provide those services described in Exhibits A-H.
<br />2. That this Amendment No.2, Amendment No. 1 and the Agreement shall
<br />not be construed or deemed to be an agreement for the benefit of any third party or
<br />parties, and no third party or parties shall have any claim or right of action hereunder for
<br />any cause whatsoever.
<br />3. In case of anyone or more of the provisions contained herein shall, for
<br />any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the
<br />validity of the provisions which shall remain in full force and effect.
<br />4. Any controversies between Redwood City and Burlingame regarding the
<br />construction or application of the agreement, as may be amended, and claims arising
<br />out of the Agreement, as may be amended, or its breach, shall be submitted to
<br />:Atty/Agr/Amend2006Burlingame2
<br />062106 1
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