Viramontes, Adam - PSCS NDA & Addendum 2024 - STAFFNON -DISCLOSURE AGREEMENT
(Public Safety Camera System Authorized User Agreement)
This NON -DISCLOSURE AGREEMENT (the "Agreement") is dated A - ZZ, 20Z
and is by and between the CITY OF LA QUINTA, a California municipal corporation and
charter city ("City"), and 4JAw V,`rwontes, an individual ("Authorized User"). City and
Authorized User are periodically referred to herein individually as a "party" and collectively
as the "parties."
RECITALS
A. The City owns, operates, monitors, and maintains a Public Safety Camera
System ("PSCS") for the purpose of creating a safer environment for all those who live,
work, and visit the City. The City's Police Department (currently contracted with the
Riverside County Sheriff's Department) has authorization to access and use the PSCS.
The City and Police Department's operation of a PSCS complements the City's anti-crime
strategy to effectively allocate and deploy personnel, and to enhance public safety and
security in public areas, where there is no reasonable expectation of privacy.
B. Authorized User has been authorized by the City Manager to monitor
footage from the PSCS, and is thereby subject to the City's PSCS Policies and
Procedures, adopted pursuant to Chapter 11.100 (or successor provisions) of the City
Municipal Code and incorporated herein by reference.
C. The California Public Records Act, Government Code section 6250 et
seq.("CPRA") permits members of the public to request and obtain certain non-exempt
records from the City by submitting a request to the City Clerk. Records requested through
the CPRA are subject to review by City Staff and/or the City Attorney to determine which
records are responsive to a particular request, and not exempt from disclosure under the
CPRA. This review procedure ensures in part that no exempt records, including those
where the public interest served by not disclosing the record clearly outweighs the public
interest served by disclosure of the record, are inadvertently released to the public.
D. Some records generated by or related to the PSCS may contain information
exempt from the CPRA, including but not limited to law enforcement investigatory
information (Gov. Code, § 6254(f)), and information where the public interest served by
not disclosing the record clearly outweighs the public interest served by disclosure of the
record (Gov. Code, § 6255).
E. In consideration of the above recitals, and as a condition to Authorized
User's authorization to access the PSCS, the parties intend for Authorized User to
maintain information generated by or related to the PSCS in confidence, while directing
individuals seeking public records to submit a request to the City Clerk.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
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AGREEMENT
1. Confidential Information. "Confidential Information" shall mean (i) any and
all non-public information obtained through Authorized User's access to the PSCS,
including but not limited to any PSCS image capture or footage, or information derived
therefrom, or any documents describing or depicting such image capture, footage, or
information (ii) the "User Authorization Form" whereby the City Manager authorized
Authorized User's monitoring of the PSCS, and any and all job duties, work requirements,
contractual performance, actions taken or not taken, covenants, obligations, and/or other
terms and conditions relating to Authorized User's monitoring of the PSCS; (iii) any and
all information and documents, in any medium of any form whatsoever (including digital
format), that are related to the PSCS which is not public information that has been
disclosed by City or generally known by the general public; and (iv) any and all other non-
public information provided by the City to Authorized User relating to items described in
clauses (i) through (iii) above. All Confidential Information is and shall remain the property
of City.
2. Obligation to Maintain Confidentiality. Confidential Information is being
obtained by Authorized User solely in connection with Authorized User's PSCS use
and/or monitoring responsibilities and shall be treated as "confidential" and no portion of
the Confidential Information shall be disclosed to others; except that Authorized User may
communicate Confidential Information to other authorized users of the PSCS for the
purposes of accomplishing the objectives set forth in the PSCS Policies and Procedures
and in this Agreement. Authorized User further agrees to the following with respect to
Confidential Information:
a. Authorized User agrees to maintain the Confidential Information in strict
confidence, to protect the security, integrity and confidentiality of such
information and not to permit unauthorized access to or unauthorized use,
disclosure, publication or dissemination of Confidential Information except
in conformity with this Agreement or if required by law, applicable court
order, or similar official process from a federal, state, or local governmental
agency;
b. Authorized User shall safeguard the confidentiality of all Confidential
Information using a reasonable degree of care, but not less than that degree
of care used in safeguarding its own similar information or material;
c. Upon the termination of this Agreement, any Confidential Information in the
possession or control of the Authorized User shall be returned or destroyed
as directed by the City Manager;
d. If there is an unauthorized disclosure or loss of any of the Confidential
Information by Authorized User, Authorized User shall promptly notify the
City Manager in writing and take all actions as may be necessary or
reasonably requested by the City Manager to minimize any damage to City
or a third party as a result of the disclosure or loss; and
e. The obligation not to disclose Confidential Information shall survive the
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termination of this Agreement, and Authorized User's employment or
contract with the City, and at no time will Authorized User be permitted to
disclose Confidential Information, except to the extent that such
Confidential Information is excluded from the obligations of confidentiality
under this Agreement or if required by law, applicable court order, or similar
official process from a federal, state, or local governmental agency.
3. Exclusions from Obligation to Maintain Confidentiality. The obligation
of confidentiality with respect to Confidential Information will not apply to any information
subject to the following:
a. If the information is or becomes publicly known and available other than as
a result of prior unauthorized disclosure by Authorized User;
b. If the information is disclosed by Authorized User with the City Manager's
or authorized designee's prior written approval; or
c. If Authorized User is legally compelled by applicable law, by any court,
governmental agency or regulatory authority or by subpoena or discovery
request in pending litigation, but only if Authorized User or its
representatives give prompt written notice of that fact to the City Manager
and City Attorney prior to disclosure so they may request a protective order
or other remedy on behalf of the City to prevent or limit such disclosure.
4. Incorporation by Reference. All terms, provisions, and agreements set
forth in the City's PSCS Policies and Procedures are incorporated herein by reference
(with the same force and effect as though fully set forth herein). To the extent that the
terms set forth in this Agreement are inconsistent with the terms of the PSCS Policies
and Procedures, the terms set forth in this Agreement shall apply.
5. Recitals. The recitals set forth above are incorporated herein by reference
(with the same force and effect as though fully set forth herein)..
6. California Public Records Act. Nothing in this Agreement shall be
construed to impede public access to non-exempt public records under the CPRA. In the
event Authorized User receives a request for Confidential Information, Authorized User
shall not disclose such information, but shall direct the requestor to the City Clerk to
submit a request for public records, which shall be processed by the City Clerk's Office in
accordance with City procedures to ensure compliance with the CPRA.
7. Remedies. Each party agrees that use or disclosure of any Confidential
Information in a manner inconsistent with this Agreement will give rise to irreparable injury
for which: (a) money damages are not a sufficient remedy for any breach of this
Agreement by such party; and (b) the other party may be entitled to injunction and other
equitable relief with respect to any such breach, which shall be the exclusive remedy for
any such breach.
8. Notices. All notices given under this Agreement shall be provided in writing
to the addresses set forth below:
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City: jmcmillen @ laquintaca.gov
Authorized User: 4dam Vi CA,YV7 -0,44f 5
9. Termination. This Agreement shall continue until Authorized User's access
to the PSCS system is revoked or otherwise terminated, including, but not limited to in
the event of termination of Authorized User's employment with the City.
10. Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, without regard to the principles of
conflict of laws. Each party consents to the exclusive jurisdiction of the courts located in
the State of California, and venue in any federal or state court of appropriate jurisdiction
in Riverside County, for any legal action, suit or proceeding arising out of or in connection
with this Agreement.
11. Assignments. This Agreement will inure to the benefit of and be binding on
the respective successors and permitted assigns of the City. Authorized User shall not
assign its rights or delegate its duties under this Agreement. Authorized User shall remain
bound to the confidentiality obligations under this Agreement even if this Agreement is
assigned by the City to its successor or permitted assignee.
12. Severability Clause. In the event that any provision of this Agreement is
held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions
shall not be affected and shall continue to be valid, legal and enforceable as though the
invalid, illegal or unenforceable parts had not been included in this Agreement.
13. Waivers. Neither party will be charged with any waiver of any provision of
this Agreement, unless such waiver is evidenced by a writing signed by the party and any
such waiver will be limited to the terms of such writing.
14. Amendments. Any modification or amendment to this Agreement shall be
in writing and evidenced by signature of the party to be charged with said modification or
amendment.
15. City Manager Authority. The City Manager of the City or authorized
designee shall have the authority to execute and deliver this Agreement and any such
additional documents, amendments, instruments, and agreements in furtherance of
ensuring Authorized User's performance of this Agreement and the PSCS Policies and
Procedures.
16. Counterparts. This Agreement may be signed by the different signatories
hereto in counterparts, each of which is deemed an original but all of which together
constitute one and the same agreement.
[Remainder of page left intentionally blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
and delivered on their behalf by their duly authorized representatives as of the date first
set forth above.
CITY OF LA QUINTA,
a California Municipal Corporation and
charter city
%.
McMILLEN, City Manager
Authorized User
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Name: Adam irAi�vn-f-es
Title: 1 a����L S�a,�ul +echr��r►'crh
ATTEST:
- / I /)/� / I )
JJ -"t,4'7 'S as X0PtA
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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ADDENDUM
TO NON -DISCLOSURE AGREEMENT
(Public Safety Camera System Authorized User Agreement)
This ADDENDUM ("Addendum") to Public Safety Camera System Authorized User
Non -Disclosure Agreement ("Agreement") is entered into on May ZL , 2024, and is
by and between the CITY OF LA QUINTA, a California municipal corporation and charter
city ("City") and
fldavh U�'ra.mo✓�1-es , an individual ("Authorized User").
The City of La Quinta hereby gives Authorized User consent, within the meaning of Penal
Code §1546 et seq. (California Electronic Communication Protection Act), to access the
Public Safety Camera System.
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed
and delivered on their behalf by their duly authorized representatives as of the date first set
forth above.
CITY OF LA QUINTA,
a California Municipal Corporation and
charter city
JON Mcl lLLElq, City Manager
Dated: aa, d-CA2
ATTEST:
MONIKA RADEV , City tlerk
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
AUTHORIZED USER
a,/ -(L -
Signature
Name
-Qokzi.�4 TEL
Title
Date: 512-2,1 2__ f