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<br />ORIGINAL <br /> <br />AMENDMENT NO.1 AND RESTATEMENT <br />OF AGREEMENT FOR INFORMATION TECHNOLOGY SUPPORT <br />BETWEEN THE CITY OF REDWOOD CITY AND THE CITY OF BURLINGAME <br /> <br />This Amendment No.1 and Restatement is entered into and effective as of the <br />2nd day of Seotember2003, amending and restating the Agreement for Information <br />Technology Support between the City of Redwood City and the City of Burlingame (the <br />"Agreement") dated February 23, 1999 by and between the cities of Redwood City <br />("Redwood City") and Burlingame ("Burlingame"). <br /> <br />RECITALS <br /> <br />WHEREAS, on February 23, 1999, the Parties entered into the Agreement, <br />which became effective on July 1, 1998, for a term through June 30, 1999, and is <br />renewable on a year-to-year basis for each fiscal year from July 1 st through June 30th; <br />and <br /> <br />WHEREAS, the Parties have renewed the Agreement on a year-to-year basis <br />and adjusted Burlingame's hourly commitment and Redwood City's hourly rate annually <br />per a signed letter between Redwood City and Burlingame and <br /> <br />WHEREAS, the Parties desire to restate the terms and conditions of, and those <br />services described in, the Agreement, which is attached hereto as Exhibit "I"; and <br /> <br />WHEREAS, the Parties have negotiated and have renewed the Agreement for <br />2003-2004, and have agreed to a supplemental scope of work and fee schedule (Exhibit <br />H), which is attached to and incorporated by this reference. <br /> <br />NOW THEREFORE, the Parties agree as follows: <br /> <br />1. That the services described in the Agreement are restated, and that Redwood <br />City will provide those services described in Exhibits (A-H). <br /> <br />2. That this Amendment and the Agreement shall not be construed or deemed <br />to be an agreement for the benefit of any third party or parties, and no third <br />party or parties shall have any claim or right of action hereunder for any <br />cause whatsoever. <br /> <br />3. In case anyone or more of the provisions contained herein shall, for any <br />reason, be held invalid, illegal or unenforceable in any respect, it shall not <br />affect the validity of the provisions which shall remain in full force and effect. <br /> <br />4. Any controversies between Redwood City and Burlingame regarding the <br />construction or application of the Agreement, as may be amended, and <br />claims arising out of the Agreement, as may be amended, or its breach, shall <br />be submitted to mediation within thirty (30) days of the written request of one <br /> <br />F :Attyl Agrl AmendBurfingame 1 <br />082603 <br /> <br />1 <br />