Agmt07 Burlingame, City of - Agree for Information Technology

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B. The total annual, estimated amount for 3,425 hours of service shall be paid on a monthly basis in twelve (12) equal installments. If Burlingame uses more than 3,425 hours during the period between July l and June 30 of any year, Burlingame shall pay Redwood City for the overage at the then-current hourly rate. rfBurlingame uses less than 3,425 hours during the period between July 1 and June 30 of any year, Redwood City shall refund the difference in amount paid by Burlingame and the actual amount due for the hours used. C. In addition to compensation for the hourly usage, Burlingame shall pay Redwood City $100 per month for internet services, and $200 per month for twenty (20) FAX SR users. 4. Availability of Records. Redwood City shall maintain the records supporting its billings for services under this Agreement for not less than three (3) years following the completion of the services as provided under this Agreement. Redwood City shall make these records available to authorized personnel of Burlingame at Redwood City's City Hall during business hours upon written request of Burlingame. 5. Not to be Construed for Benefit of Third Parties. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 6. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to Redwood City. No portion of these services shall be assigned or subcontracted without the written consent of Burlingame. 7. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Burlingame: Finance Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Redwood City: Director of Finance and Financial Planning City of Redwood City 1017 Midd1efield Road Redwood City, CA 94063 8. Independent Contractor. It is understood that Redwood City, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor neither Redwood City nor any of its employees shall obtain any rights to retirement benefits or other benefits which accrue to Burlingame employee(s). With prior written consent, Redwood City may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign Revised: April 26, 2007 Page 2 of3