Riverside Co/Kiosk info 98Agreement #: 032
County of Riverside — Economic Development Agency
Kiosk Content Agreement
Date: 12 / 17 /98
Participant and Riverside County enter into this Kiosk Content Agreement on the terms set forth below.
Participant hereby promises and agrees to pay Riverside County for placement of content on the Multimedia
Information Kiosk Network at the applicable rate stated in the Kiosk Packages & Rates sheet in effect on the date
that content is placed.
Start Date: April 1, 1999 Duration: ® One (1) year 0 Six (6) months
A. Packages (check all that apply): Is your organization PRIVATE -NON-PROFIT? Yes No X
(If yes, there is a 50% discount on packages' II, III, & IV rates.)
Package[ No Charge
Package II r---� 6-Month Rate M Annual Rate
Package III a
6-Month Rate
F� Annual Rate
$325
$600
a
Package IV a
6-Month Rate
Fx--] Annual Rate
$475
$900
B. Options (check all that apply):
Total - Section A: $900-00
0
Additional Screen (enter
number of screens):
F-1
6-Month Rate Annual Rate
$90 per screen $180 per screen
Internet Link (afinual rate only - $200)
Print Capabilities
6-Month Rate
El $150
Annual
a
Rate
$300
0
Coupon Printing
$150
0
$300
Quarterly Usage Reports
N/A
$350
Events Calendar (enter
# of events)
x $10 =
Zone selected: =
West a Central
a
East
a
Category Premium
$300
0
$550
0
Passive Rotation
0
$300
$600
Promotional Banner
$400
$70n
C. KIOSK SPONSORSHIP: Annual Rate of # of Locations:
1) 2)
3) 4)
Executed by Participant: City of La Quinta
Total - Section B: 0
Total - Section C: j
Total - A+B+C: $ 900.00
vrm[ Agency or tsusmess Name
Authorized Signature Title or
Date: 3 1319 9 Telephone #:(--26ob):7 -7 -] — 20
Mailing Address: p_n_w,Y 1 504
La Ouinta. CA 92253-1504
JTPA 448-85 (10/98)
Provisions to the Content Agreement:
1: All content shall be subject to the advance and continuing approval of County. County shall have the sole discretion to
determine the appropriateness and acceptability of all content. Prior approval of content by County shall not affect
County's.ability to subsequently revise or discontinue content.
2. Participant represents that its content and activities shall at all times not be in violation of any laws or regulations.
Participant assumes full responsibility and liability for its content and activities. Participant shall indemnify and hold
County harmless against any action, claim, loss, damage, judgment, liability or penalty arising out of actions by Participant
related to this agreement or other activities of Participant.
3. Participant shall not be authorized in any way to use the name of County in any reference, advertisement or publication
by virtue of this agreement. This agreement does not in any way represent an endorsement, recommendation or
sponsorship by County of Participant, its products or services. County reserves the right to place a disclaimer along with
Participant's content, which emphasizes that, County does not in any way endorse, recommend, favor, guarantee,
warranty or sponsor any product or service of Participant.
4. Participant acknowledges this is not an exclusive arrangement and that County reserves the right to program content
which competes with Participant's content. County shall have, the sole discretion to determine what content what appears
and in what order content appears.
5. Participant must pay all invoices in full before content will appear on the network. Charges shall begin according to the
"Start Date" and continue through the "Duration" period as stated in this agreement. Following that period, this agreement
shall automatically renew for the same "Duration" period based upon the rates then in effect, unless Participant provides
County with written notice of termination at least 30 days prior to the end of "Duration" period.
6. County shall have the unilateral right to terminate this agreement immediately at any time if County in its sole
discretion decides to do so. If County terminates this agreement, then any advance payments already received by County
shall be returned to Participant on a pro -rated basis.
7. Participant must notify County of any error in content no later than ten (10) days after its first appearance.
8. Participant agrees that if a kiosk is temporarily damaged, or the ability to display is temporarily lost, this agreement
shall not be considered to have been breached; and this agreement shall remain in full force and effect so long as County
uses reasonable effort to restore service.
9. County makes no representation, guarantee or warranty regarding any results or benefits to be received by Participant
pursuant to or related to this agreement. THE WARRANTIES (IF ANY) SPECIFICALLY SET FORTH IN THIS
AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND SUCH OTHER
WARRANTIES ARE HEREBY EXCLUDED.
10. County's liability to Participant for any damage incurred by Participant related to this agreement shall be limited to the
actual direct damage incurred by Participant not to exceed the annual amount paid by Participant to County pursuant to
this agreement. In no case shall County be liable to Participant for consequential damages. County shall not be
responsible for any failure of performance resulting from causes beyond its control.
11. Participant recognizes that the full extent of its rights related to this agreement are specifically stated in this
agreement; and that Participant shall have no other rights by virtue of this agreement. Participant agrees that no
representations beyond those specifically stated in this agreement have been made to Participant by County or its
representatives. This agreement may not be modified or amended except in a written document signed by both parties.
12. This agreement shall be governed by and construed in accordance with the laws of the State of California. Participant
agrees that this agreement is entered into in Riverside, California; and that any legal action related in any way to this
agreement shall be filed only in the Municipal/Superior Court for the State of California located in Riverside, California.
13. Any notice given by Participant to County pursuant this agreement shall be given only in writing and shall be sent to:
Riverside County Economic Development Agency: Kiosk Project Coordinator
Planning and Development Unit
1151 Spruce Street, Riverside, CA 92507
JTPA 44"5 (10/98)