Agmt24 City of San Carlos Fire && Emergency Services Amendment No. 3

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ATTY/AGR.2024/AMEND. NO. 3/CITY OF REDWOOD CITY AND SAN CARLOS FIRE & EMERGENCY SERVICES REV: 06-20-24 VR Page 10 of 28 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. To San Carlos: San Carlos City Manager 600 Elm Street San Carlos, CA 94070-1309 To Redwood City: Redwood City City Manager 1017 Middlefield Road Redwood City, CA 94063 13. Waiver. No failure on the part of any Participating Agency party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that any Participating Agency may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 14. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by all of the Participating Agencies. Docusign Envelope ID: E05468C4-A699-4430-A510-E42D7232B74D