HomeMy WebLinkAboutA4122 - INTEGRATED UTILITIES CONFIDENTIALITY AGR r
Integrated Utilities Group
/ • Confidentiality Agreement
AGREEMENT #4122
CM Signed, 7-14-99
CONFIDENTIALITY AGREEMENT
This Agreement is executed by and between the City of Palm Springs, a municipality
of the State of California ("City"), Integrated Utilities Group, a consultant engaged by the City
("Consultant"), and Desert Water Agency, an independent special district of the State of California
("Agency").
WHEREAS, pursuant to the California Public Records Act (Government Code
sections 6250 et seMr .),the City has asked the Agency to disclose to the City certain utility usage data
relating to the Agency's provision of water service to Agency customers; and
WHEREAS, the City intends to deliver this data to Consultant for its use in
performing a sewer service rate study for the City; and
WHEREAS, the Agency is willing to disclose certain utility usage data requested by
the City upon condition that the information is used only for purposes which are consistent with
existing law, and upon further condition that the City and Consultant agree to treat the disclosed
information as confidential pursuant to Government Code section 6254.5;
NOW, THEREFORE, in consideration of the Agency's disclosure of certain utility
usage data to the City, relating to the Agency's provision of water service to Agency customers, the
City and Consultant do hereby agree as follows:
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l. The City and Consultant agree to protect the confidentiality of any data and
information which the Agency may disclose to the City or to Consultant pertaining to the Agency's
provision of water service to Agency customers,consistent with the use of such data and information
to develop a sewer service rate study which the City may make available for public review. Subject
to such use, and except as hereinafter provided,the City and Consultant shall prevent their respective
officers, agents or employees from disclosing to any other party any such utility usage data or
information which the Agency may provide to the City or to Consultant.
2. Notwithstanding the above restrictions,the City and Consultant may sharewith
each other, but with no others, such utility usage data and information as the Agency may disclose
to the City or to Consultant, provided that the data and information are used only for the purpose
identified herein. In addition, such information may be disclosed as necessary or appropriate in the
event of litigation.
3. The Agency's disclosure of information to the City or to Consultant pursuant
to this Agreement shall not be deemed a waiver by the Agency of any rights which the Agency may
subsequently assert to withhold from disclosure any other information or data requested by the City
or Consultant.
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4. If legal proceedings are initiated to enforce or construe the provisions of this
Agreement,the prevailing party shall be entitled to recovery of all fees and expenses incurred thereby,
including reasonable attorney's fees.
APPROVED AS YO FORM 'ITY OF PALM SPRIN
ttorney
Date
City Manager
ATTEST:
jkPPROVED BY THE 0 N MANAGER
0N
City Clerk
INTEGRATED UTILITIES GROUP
OFFIC® LINDA SENCI i
NOTARY PUBLIC-0RECON
COMMISSION NO.055916
MY COMMISSION EXPIRES SEP 13,2000 (Name)
(Title)
ATTEST:
-Seereterg-V)d1111 y
`/ DESERT WATER AGENCY
General Manager
ATTEST:
Secretary
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F- - .-
�W DESER7C' WATER AGENCY
A PUBLIC AGENCY
ip IF
1200 GENE AUTRY TRAIL SOUTH, P.O. BOX 1710 • PALM SPRINGS, CALIFORNIA 92263-1710
TELEPHONE (760) 323-4971
F THOMAS KIELEY,III DAN M.AINSWORTH
President General Manager
RONALD E STARES BEST, BEST&KRIEGER
Vice President General Counsel
WILLIAM"BILL"BYRNE KRIEGER&STEWART
Secretary/Treasurer Consulting Engineers
F.GILLAR BOYD,JR
PATRICIAG OYGAR
July 23, 1999
City Clerk
City of Palm Springs
Box 2743
Palm Springs, CA 92263
RE: Confidentiality Agreement - City of Palm Springs Public Records Act
Request for Customer Usage Information from Desert Water Agency
Attached for your records is an executed copy of the Confidentiality Agreement
between the Desert Agency and the City of Pahn Springs with regard to the City's
request for customer usage information.
Sincerely,
DESERT WATER AGENCY
Kristy Scaletta
Executive Secretary
encl: 1
ASSURED WATER FOR THE FUTURE OF PALM SPRINGS,CATHEDRALAND DESERT HOT SPRINGS