Gutierrez, Rogelio - PSCS NDA & Addendum 20217/25/2022
EMERGENCY USE
NON -DISCLOSURE AGREEMENT
Public Safety Camera System Authorized User Agreement)
This NON -DISCLOSURE AGREEMENT (the "Agreement") is dated L I i6 , 20Z4' and is
by and between the CITY OF LA QUINTA, a California municipal corporation and charter city
City"), andW WO OAVEklkjan 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
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
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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:
City: jmcmillen@laquintaca.gov
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Authorized User: r-a y L k 2r LrL q_r, J } w- NSF is r-'
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 ofpage 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, Authorized User
a California Municipal Corporation and charter
city
J cMILLEN, City Manager
ATTEST:
MONIKA RADEI A, City C rk
City of La Quinta, Cafiforn'
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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By:
Name: P06E ID et -netu-E
Title: 2,\J vrcr T 1C-1k'T0i -