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5.1E Page 20 AMENDMENT NO.2 TO AGREEMENT FOR BAY SPAN SERVICES [Bay Span, Inc.] This Amendment No.2 is entered into and effective as of the _ day of , 2005, amending the Agreement for Bay Span Services, by and between the City of Redwood City, a charter city and municipal corporation of the State of California ("City") and Bay Span, Inc. a Corporation ("Bay Span") (collectively, the "Parties") RECITALS A. On or about April 30, 2005, the Parties entered into the Agreement by which Bay Span, Inc., would provide temporary labor and administrative management for temporary workers. B. On or about May 23, 2005, the term of said Agreement was extended to December 31, 2005, by the Parties entering into Amendment No.1. C. The Parties desire to further amend the term of said Agreement and to amend the Indemnification and Insurance provisions contained therein. NOW, THEREFORE, the Parties hereto mutually agree: That paragraphs 3, 11, and 12 of said Agreement be amended to read as follows: 3. Term. Unless earlier terminated, the term of this Agreement will be effective for the period up to including June 30, 2006. 11- Indemnification. Bay Span agrees to indemnify and hold City and its officers, agents, employees and volunteers harmless from and against all claims, damages, losses and expenses including reasonable attorney fees accruing or resulting to any and all persons, firms or other legal entity on account of any injury damage or losses to persons or property arising out of Bay Span's performance or non~performance of obligations under this agreement to the extent Bay Span is found liable for such damages. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. City acknowledges and agrees that Bay Span will not be responsible for and will have no control over the general safety or other conditions under which personnel placed by Bay Span will be working at City's premises. Not withstanding, Bay Span maintains coverage of the workers compensation insurance for their employees. 12. Insurance. Bay Span will obtain and maintain for the duration of the Agreement and any and all amendments. insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance under this Agreement by Bay Span or Bay Span's agents, representatives, employees or Atty/Agr/2005/Amend.Bay Span NO.2 072205 1 .-.---