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DUPLICATE <br />ORIGINAL <br />Bav Area EmDlovee Relations Service External Website Development, Support, and <br />Shared Hosting Services Agreement <br />This Agreement is made and entered into as of the 151 day of September, 2015 by and <br />between the City of Redwood City, hereinafter referred to as "CLIENT", and the City of Foster <br />City/Estero Municipal Improvement District, a Municipal Corporation, hereinafter referred to as <br />"CITY/DISTRICT". CLIENT and CITY/DISTRICT shall be referred to hereinafter as the <br />"PARTIES." <br />RECITALS <br />This Agreement is entered into with reference to the following facts and circumstances: <br />A. That CLIENT has the need to secure expert consulting services to provide CLIENT <br />with a system of hosting an Internet based website; and <br />B. That CITY/DISTRICT is specially experienced and qualified to perform the <br />specialized consulting services desired by the CLIENT and is willing to perform <br />such services which shall be known as Bay Area Employee Relations Service <br />(BAERS); and <br />C. That CLIENT has elected to engage the services of CITY/DISTRICT upon the <br />terms and conditions as hereinafter set forth. <br />AGREEMENT <br />Definitions. <br />`Annual Fee' shall mean all work performed on BAERS as established in Section <br />2, Annual Maintenance by CITY/DISTRICT on behalf of BAERS. <br />`Move/Add/Change/Costs ("MAC")' shall mean any CLIENT requests not covered <br />in the annual BAERS services fees and defined in Section 1, Scope of Services. <br />`Project Manager' shall mean the CITY/DISTRICT's Information Technology <br />Manager or any other CITY/DISTRICT staff member so designated by the <br />CPTY/DISTRICT's Human Resources Director to define any project scope, project <br />management, coordinate and manage `CITY/DISTRICT' staff, and purchase <br />necessary hardware or software. <br />`Software Support' shall mean the CITY/DISTRICT's Human Resources <br />Department staff or any other CITY/DISTRICT staff so designated by the <br />CITY/DISTRICT's Human Resources Director to provide day to day support to <br />CLIENT agencies during Normal Working Hours. <br />`System Administrator' shall mean the CTTY/DISTRICT's Human Resources <br />Director or any other CITY/DISTRICT staff so designated by the <br />CITY/DISTRICT's Human Resources Director to provide administrative oversight <br />of the BAERS website including marketing strategies, participant contracts, and <br />CLIENT communication. <br />ATTY/AGR/2016.315/CITY OF FOSTER CITY — ESTERO MUNICIPAL IMPROVEMENT DISTRICT <br />REV: 11-08-16 RL <br />Page 1 of 9 <br />