Agmt18 Second Amendment to Restated Agreement between Cities of RWC and San Carlos for Fire and Emergency Services

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(ii) This insurance shall be in force during the life of the Agreement and any extensions of it and shall not be canceled without thirty (30) days prior written notice to the other Participating Agency sent pursuant to the Notice provisions of this Agreement. (c) Providing Certificates of Insurance and Endorsements. Prior to execution of this Agreement, each Participating Member shall furnish certificates of insurance and endorsements to City. (d) Submission of Insurance Policies. The Participating Agencies reserve the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 9. Litigation S=ort. The Participating Agencies shall make their employees available to testify in any litigation brought regarding work or services performed under this Agreement. (a) Should Redwood City request that San Carlos's employee testify in litigation following the termination of this Agreement, Redwood City shall compensate San Carlos for employee's costs and expenses in preparing for, traveling to, and testifying in such matters at the employee's then current hourly rate of compensation, unless such litigation is brought by San Carlos's employees or is based solely on allegations of San Carlos's negligence or wrongdoing. (b) Should San Carlos request that Redwood City's employee testify in litigation following the termination of this Agreement, San Carlos shall compensate Redwood City for employee's costs and expenses in preparing for, traveling to, and testifying in such matters at the employee's then current hourly rate of compensation, unless such litigation is brought by Redwood City's employees or is based solely on allegations of Redwood City's negligent performance or wrongdoing. 10. Not a Joint Venture or Joint Powers Authority. The Participating Agencies intend by this Agreement to establish only a cost sharing arrangement of the Participating Agencies with regard to fire and emergency services, and do not intend to create a joint powers agency, partnership, joint venture, or joint enterprise of any kind. 11. No Third -Party Beneficiary. This Agreement is only for the benefit of the Participating Agencies as corporate entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever. 12. Notices. All notices required or permitted to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail to the appropriate address indicated below. AM/AGR/2018/AMENDMENTS/AMEND NO.2 SAN CARLOS — RWC FERE AGREEMENT REV. 04-17-18 JS Page 9 of 32