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Agmt22 City of East Palo Alto
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Agmt22 City of East Palo Alto
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Last modified
12/2/2022 11:47:30 AM
Creation date
12/2/2022 11:47:27 AM
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Agreement
Contractor Name
East Palo Alto
PROJECT NAME
Amendment to provide IT services.
RMP File Number
304.5
MO Ref
22-190
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REV: 10-17-2022 RL <br />5. Additional Services. <br />Additional Services will be performed by RWC only at the request of CUSTOMER and will be charged <br />to CUSTOMER at the RWC fiscal year hourly rate in effect at the time the Additional Services are <br />performed. The hourly rate for work performed during Normal Business Hours, as defined below, is <br />established annually by RWC for each fiscal year. A surcharge of $97.90 per hour for FY 2022-23 and <br />$100.84 per hour for FY 2023-24 will be added to the normal business hourly rate for work performed <br />during Non-Business Hours. <br />A. Normal Business Hours: Monday through Friday, 8:00 a.m. through 5:00 p.m. <br />except on the following currently recognized RWC holidays (calendar dates vary <br />depending on the year): <br />New Year’s Day <br />Martin Luther King, Jr. Day <br />Presidents Day <br />Memorial Day <br />4th of July <br />Labor Day <br />Veterans Day <br />Thanksgiving Day <br />Thanksgiving Friday <br />Christmas Eve <br />Christmas Day <br />New Year’s Eve <br />B. Non-Business Hours: All hours outside of Normal Business Hours, as defined <br />above. <br />6. Reliance on Professional Skill of RWC. <br />RWC represents that it has the necessary professional skills to perform the Services and Additional <br />Services required and CUSTOMER may rely on such skills of RWC to do and perform the work. RWC <br />will perform all the work in a professional manner. <br />7. LIMITATION OF LIABILITY. <br />NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTC OR SERVICES ORDERS, IN <br />NO EVENT WILL RWC BE LIABLE FOR ANY DAMAGES WHATSOEVER FOR LOST PROFITS, <br />LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, <br />THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT, INCIDENTAL, <br />SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE <br />PERFORMANCE OR FAILURE TO PERFORM UNDER ANY SERVICES ORDER. FURTHER, RWC <br />ATTY/AGR.2022.372/City of East Palo Alto (IT Services) (Page 2 of 7)
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