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2021/07/01 Riverside, County Service Agreement with County of Riverside on behalf of its Information Technology (RCIT)1 RCIT Project Number Service Agreement ************************************************************************************************************* COUNTY County of Riverside, on behalf of its Information Technology (RCIT) 3450 14th Street, Riverside, CA, 92501 Contact: Patrick Stephens Title: Media Communications Coordinator Email/Ph#: PStephens@rivco.org/951-955-1072 AGENCY City of Menifee 29844 Haun Road, Menifee, CA 92586 Contact: Ron Puccinelli Title: Chief Information Officer Email/Ph #: rpuccinelli@cityofmenifee.us/951-723-1711 This Service Agreement (“the Agreement”) is entered into by and between the County of Riverside, on behalf of its Information Technology department (the “County”) and the City of Menifee (the “City”). The parties agree as follows: I.TERM The term of this Agreement shall be from July 1, 2021 through June 30, 2022, upon which this Agreement shall expire. II.SCOPE OF SERVICES County shall provide the following services to City: •Operate PTZ cameras, audio mixer, studio switcher, broadcast server, and related support equipment at the City of Menifee council chambers. •Create recordings of municipal meetings (Planning Commissions and City Council) and broadcast to specified cable stations, online collaboration meeting room (Zoom, etc), and social media outlets as specified by City of Menifee. •Create, place, or load graphics for meetings. •Verify program return audio and video on social media channels and cable feeds. •Arrive one (1) hour prior to meeting to start and follow shut down procedures according to IT Manager's recommended shut down. •Provide oversight for board chambers improvements, cable channel installation, and streamlining of productions. •Diagnose A/V issues and/or recommend 3rd party vendors for the upgrade/correction of issues with technical oversight. III.PAYMENT City shall pay County for services performed, products provided and expenses incurred in accordance with the following table: Requested IT Classification FTE(s) Monthly Estimate Yearly Estimate Media/Communications Coordinator 20hrs/month $1,153 $13,836 IT740010PMMCMIT DocuSign Envelope ID: EBB22440-9DCA-4657-81F2-48F1B447232B 2 RCIT Project Number County shall invoice City on a monthly basis as cost are incurred. City shall pay the invoice via check made payable to County of Riverside Information Technology. IV.TERMINATION Either party may terminate this Agreement with or without cause upon thirty (30) days written notice served upon the non-terminating party, stating the extent and effective date of termination. Upon termination, City shall pay County for all services provided to the date of termination in accordance with this Agreement. V.INDEMNIFICATION City shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any negligence or willful misconduct of City, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. City shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited to, attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such negligence or willful misconduct. VI.OWNERSHIP OF MATERIAL County agrees that all materials, reports or products in any form, including electronic, created by County for which County has been compensated by City pursuant to this Agreement shall be the sole property of City. VII. NOTICES All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid: COUNTY OF RIVERSIDE CITY OF MENIFEE 3450 14th Street 29844 Haun Rd Riverside, CA, 92501 Menifee, CA, 92586 VIII.FORCE MAJEURE If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply. DocuSign Envelope ID: EBB22440-9DCA-4657-81F2-48F1B447232B 3 RCIT Project Number IX. DISPUTES City If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply. X. ASSIGNMENT City shall not delegate or assign any interest in this Agreement, whether by operation of law or otherwise, without the prior written consent of County. Any attempt to delegate or assign any interest herein shall be deemed void and of no force or effect. XI.INDEPENDENT CONTRACTOR For purposes of this Agreement, all persons employed in the performance of services and functions for the County shall be deemed County employees. No County employee shall be considered an employee of the Customer, under the control of the Customer, nor shall such County employees be entitled to any benefits to which Customer employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. For purposes of this Agreement, all persons employed in the performance of services and functions for the City shall be deemed City employees. No City employee shall be considered an employee of the County, under the control of the County, nor shall such City employees be entitled to any benefits to which County employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. XII.NON-DISCRIMINATION City shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of ethnic group identification, race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. Seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352), the Americans with Disabilities Act of 1990 (42 U.S.C. S1210 et seq.) and all other applicable laws or regulations. XIII.AGREEMENT This Agreement, including any attachments or exhibits, constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. This Agreement may be changed or modified only by a written amendment signed by authorized representatives of both parties. DocuSign Envelope ID: EBB22440-9DCA-4657-81F2-48F1B447232B 4 RCIT Project Number County of Riverside City of Menifee By: By: Name: Name: Title: Title: Dated: Dated: Tracy Tillman Deputy Director of Administration Approved as to Form: ________________________________________ Jeffrey T. Melching, City Attorney Attest: ________________________________________ Sarah A. Manwaring, City Clerk 7/15/21 DocuSign Envelope ID: EBB22440-9DCA-4657-81F2-48F1B447232B 8/10/2021 Armando G. Villa City Manager