CC Resolution 2009-050RESOLUTION NO. 2009 - 050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ESTABLISHING AN INTERNET
TOURISM WEBSITE POLICY FOR OPERATION OF THE
CITY TOURISM WEBSITE
WHEREAS, this Resolution is intended (a) to establish~.an Internet tourism
website policy; (b) to provide guidance to City staff in addressing tourism website
issues; and (c) to serve as an important component of the City's marketing
program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1. The City Council wishes to establish an Internet Tourism Website Policy
(Attachment 1) for operation of the City tourism website;
2. This Resolution shall take effect immediately; and
3. The provisions of the attached policy are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such
illegality, invalidity, unconstitutionality, or inapplicability shall not affect or
impair any of the remaining provisions, clauses, sentences, sections, words
or parts thereof of the policy or their applicability to other persons or
circumstances.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 2nd day of June 2009, by the following vote:
AYES: Council Members Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None (one Council seat vacant)
ABSTAIN: None
City of La Quinta;'California
Resolution No. 2009-050
Tourism Website Policy
Adopted: June 2,2009
Page 2
ATTEST:
~~i' V -_. ////~ ifs/~~ /~7K .._
VERONICA J~ONTECINO, CMC, City Clerk
City of La Q Inta, California
. .
(SEAL)
APPROVED AS TO FORM:
. KAT ERINE JENS ,City Attorney
City of La Quinta, California
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 1
CITY OF LA QUINTA
INTERNET TOURISM WEBSITE POLICY
Exhibit A
1. Purpose. The purpose of this Policy is to establish regulations for the
development, operation, and administration of theetourPsm website of the City of La
Quinta (the "City") and to ensure that the website remains a non public forum
subject to the City's exclusive use and control.
The purpose of the City tourism website is to promote the City as a
tourism desitination and foster local economic development by providing the public
with convenient and efficient access to information about shopping, dining,
playing, and staying opportunities within the City.
2. Policy. The City shall oversee operation and maintenance of the City
tourism website as provided in this Policy.
3. Definitions. The following definitions shall apply to this Policy:
a. "City tourism website" means the official City tourism website
available at www.PlayinLaQuinta.com, and any additional domain name(s)
that the City acquires for purposes consistent with the purpose of the City
tourism website, as set forth in Section 1 .
b. "Cookies" means files on the user's computer that enables a
website to recognize the user on subsequent visits and possibly track the
user's Internet use between visits.
c. "External Website" means a website maintained by a third
party, and not by the City.
d. "External Link" is a hyperlink from the City tourism website to a
website maintained by a third party.
e. "Security Measures" means practices for protection of physical
configuration and environment, software, information-handling processes,
and user practices.
f. "User" or "Users" means an individual or individuals who access
the City tourism webpage through the Internet.
4. Non-Public Forum Status. The City tourism website is anon-public
forum. While the City encourages the public to use the City tourism website to
access information and resources, the City expressly reserves the right to impose
certain restrictions on the use of its website. The City tourism website is reserved
for the exclusive control of the City for the purposes of one-way communication to
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 2
Exhibit A
users of the City tourism website. The City tourism website shall not be used to
facilitate a general debate, public discourse or the free exchange of ideas.
5. Authority of City Manager. The City Manager or his designee shall
have the authority and responsibility for the implementation of this Policy. The City
Manager or his designee may also make interpretations on issues that are not
clearly articulated or not included in this Policy, so long as the City Manager's
discretion or that of his designee is exercised in a manner consistent with the
stated purposes of the City tourism website.
This Policy will be posted on the City tourism website for review by
the public at any time. Questions or comments regarding any subjects or issues
addressed in this Policy may be directed to:
City of La Quinta
Attn: City Manager
P.O. Box 1504
La Quinta, CA 92247
e-mail:. tourism@la-quinta.org
6. Privacy. The City is sensitive to the privacy interests of the users of
the City tourism website and believes that the protection of those interests is an
important responsibility. The City's goal in collecting personal information online is
to provide the user with the most personalized and effective service possible. By
understanding the user's needs and preferences, the City may provide users with
improved service. The City strives to protect online personal information in the
same manner that the City protects citizen and business information obtained
through other means. The following information explains the City's policy
regarding any personal information supplied when using the City tourism website.
a. Website Privacy Policy: When you visit the City tourism
website, we use automated tools to log information about each visit. We
process this information in the aggregate to determine site performance
issues, such as popular pages, most frequently downloaded forms, and other
site performance characteristics. This information does not identify you
personally.
b. Disclaimer: While every effort is made to keep information
provided over the Internet accurate and up-to-date, the City does not certify
the authenticity or accuracy of such information. No warranties express or
implied, are provided for the content, records and/or mapping data herein, or
for their use or interpretation by the User.
The City, its elected officials, officers, employees, and agents
assume no legal responsibilities for the information or accuracy contained in
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 3
Exhibit A
this data, including any action taken from reliance on any information
contained herein and shall have no liability for any damages, losses, costs, or
expenses, including, but not limited to attorney's fees, arising from the use
or misuse of the information provided herein. The User's use thereof shall
constitute an agreement by the User to release the City, its elected officials,
officers, employees and agents from such liability.
By using this information, the User is stating that the above
Disclaimer has been read and that he/she has full understanding and is in
agreement with the contents.
7. Security. The City tourism Website applies Security Measures to
protect the loss, misuse and alteration of the information under the City's control.
From time to time, Security Measures may be upgraded or otherwise modified to
meet changing needs. While the City endeavors to keep secure all information it
receives via the City tourism Website, the City cannot guarantee the security of the
information.
8. External Links. The City has a legitimate interest in limiting persons or
organizations that might be linked to the City tourism Website. The City may
exercise discretion to ensure that the links to the City tourism Website are
consistent with the purpose of the City tourism Website, as set forth in Section 1.
Neither the City tourism Website nor the External Links listed on the City tourism
Website constitute a forum for expressive activity by members of the public.
a. Each proposed External Link on the City tourism Website shall
be reviewed to determine its relevance and appropriateness to the purpose of
the City tourism Website. The City Manager or his designee shall review the
merits of the proposed External Link based upon the stated purposes of the
City tourism Website, as set forth in Section 1 . A proposal for an External
Link will not be denied based on the viewpoint espoused by the individual or
entity.
b. The City tourism Website will not provide External Links to
websites that:
i. Promote or exhibit hate, bias, discrimination,
pornography, libelous or otherwise defamatory content
ii. Have a primary purpose of furthering the agenda of a
political organization or a candidate running for office (regardless of
the political viewpoint), or defeating any candidate for elective office.
iii. Violate any of the City's equal opportunity policies.
iv. Consist of personal home pages operated by individuals.
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 4
Exhibit A
v. Do not fulfill the purposes outlined in Section 1 related to
the promotion of shop, dine, play, and stay in the City.
d. The City reserves the right to determine how and where
External Links will appear on the City tourism website. Information or
External Links may be excluded from the City tourism website where such
additional information or External Links would create visual clutter and
disorganization.
e. The City reserves the right to remove an External Link from the
City toursim website if it determines that the External Link violates this
Policy or if the External Link directs viewers by hyperlink to inappropriate
material or to shop, dine, play, and stay outside the City, as set forth in
Sections 1 and 8b.
9. Application for External Link. To request the addition of an External
Link to the City tourism website, the applicant shall send the relevant URL,
address, website description and purpose, brief statement as to how the proposed
website fulfills the purpose of the City tourism website as set forth in Section 1,
contact name, phone number and email address by email to tourism@la-quinta.org,
or by mail to:
City of La Quinta
Attn: City Manager
P.O. Box 1504
La Quinta, CA 92247
10. Disclaimer of External Links and External Websites. The information
posted on the City tourism website includes hypertext External Links to information
created and maintained by other private and/or public organizations. The City
provides these links solely for the user's information and convenience.
a. When the user selects an External Link to an External Website,
the user leaves the City tourism website and is subject to the privacy and
security policies of the owners/sponsors of the External Website.
b. The City does not control or guarantee the accuracy, relevance,
timeliness or completeness of information contained on an External Website
accessed through the City tourism website by External Link.
c. The City does not endorse or recommend any third party
website, product, service, view, or opinion, unless otherwise noted.
d. The City does not authorize the use of copyrighted materials
contained on External Websites.
e. The City is not responsible for transactions or transmissions
from External Websites.
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 5
Exhibit A
11. Final Decision. The decision to post or not post content and/or links
on the City tourism website resides solely with the City Manager or his designee.
The decision of the City Manager or his designee is final and binding. Under no
circumstances will individuals or entities be entitled to compensation or damages in
the event that the City Manager or his designee directs the City to include or
exclude the content or link.
12. Links to the City's Tourism Website. Advance permission to link to
the City tourism website is not necessary. However, the party linking to the City
tourism website should be aware that its subpages may change at any time
without notice. Individuals and entities linking to the City tourism website shall not
capture pages within frames, present the City tourism website content as its own,
or otherwise misrepresent the City tourism website's content or misinform users
about the origin or ownership of its content. Any link to the City tourism website
should be a full forward link that passes the user's browser to the City tourism
website unencumbered. The web browser's "back" button should return the user
to the originating site if the user wishes to back out.
13. Accessibility. The City tourism website is intended to be accessible to
people with disabilities. Requests for reasonable accommodations relating to equal
access to communication, or other issues relating to City tourism website
accessibility, should be directed to: tourism@la-quinta.org or by mail to:
City of La Quinta
Attn: City Manager
P.O. Box 1504
La Quinta, CA 92247
14. No Warranty or Representation. The City's web server(s) are
maintained to provide public access to City tourism information via the Internet.
The City's web services and the content of its web servers and databases are
updated on a continual basis. While the City attempts to maintain the City tourism
website's information as accurate and timely, the City does not warrant or make
representations or endorsements as to the quality, content, accuracy, or
completeness of the information, text, graphics, hyperlinks, and other items
contained on its server or any other server. Materials on the City tourism website
have been compiled from a variety of sources, and are subject to change without
notice from the City as a result of updates and corrections.
15. Service Marks, Trademarks and Copyright. To the extent allowed by
the Public Records Act and otherwise legally permissible, commercial use of web
materials is prohibited without the written permission of the City. All service marks
and trademarks mentioned herein are the property of their respective owners. The
City retains copyright on the City Seal, promotional City logo, all text, photography,
graphic images, and other content, unless otherwise noted. No person or entity
Resolution 2009-050
Tourism Website Policy
Adopted: June 2, 2009
Page 6
Exhibit A
may use the City Seal, promotional City logo, or City photography without approval
of the City. No person or entity shall engage in any of the following conduct
without written permission from the City Manager or his designee: a) modify and or
use the text, images or other City tourism website content from a web server, b)
distribute the City's web content, and c) "mirror" the City's information on a non-
City server.
16. Notice to the City. Communications through the City tourism website,
by a-mail or otherwise, shall in no way be deemed to constitute legal notice to the
City or any of its agencies, officers, employees, agents, or representatives, with
respect to any existing or potential claim or cause of action against the City or any
of its agencies, officers, employees, agents, or representatives. No communication
through the City tourism website shall be deemed to constitute legal or official
notice for any purpose.
17. Errors, Omissions, Warranty, Damages. The City is neither responsible
nor liable for any viruses or other contamination of a user's system due to access
of the City tourism website, nor for any delays, inaccuracies, errors or omissions
arising out of the user's access of the City tourism website or with respect to the
material contained on the City tourism website, including without limitation, any
material posted on the City tourism website. The City tourism website and all
materials contained on it are distributed and transmitted "as is" without warranties
of any kind, either express or implied, including without limitation, warranties of
title or implied warranties of merchantability or fitness for a particular purpose. The
City is not responsible for any special, indirect, incidental or consequential damages
that may arise from the use of, or the inability to use, the City tourism website
and/or the materials contained on the City tourism website, whether the materials
contained on the City tourism website are provided by the City or a third party.
18. Indemnification. To the extent permitted by applicable law, by using
the City tourism website, the user agrees to defend, indemnify, and hold harmless
the City, its agencies, officers, employees, representatives, and agents from and
against all claims and expenses, including attorney's fees, arising out of the user's
use of the City tourism website or materials and information contained on the City
tourism website.