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HomeMy WebLinkAboutA3255 - SCE UTILITY USER TAX SO CALIF GAS UTT R18155 So. Calif. Gas Company Confidentiality Agreement Utility User Tax AGREEMENT #3255 R18155, 7-28-93 CONFIDENTIALITY AGREEMENT The City of Palm Springs, California ("City") has requested certain information ("Information") from Southern California Gas Company ("The Gas Company") as set out in that formal request dated August 11, 1993 ("Formal Request") , a true copy of which is attached. City requires this Information in order to collect utility users tax from persons using natural gas within City. City acknowledges and agrees that. the Information requested is confidential and proprietary to The Gas Company and that The Gas Company is releasing the Information to City in response to and in reliance upon City's formal request and this Confidentiality Agreement. Accordingly, City agrees as follows: 1. City will use the Information solely for the purpose of collecting gas utility users taxes due it pursuant to the Utility Users Tax Law and will use the Information for no other purpose. 2. City will not disclose the Information to Third Persons (defined below) , without the prior written consent of The Gas Company. 3. City will ensure that all of its officials and employees are aware of and comply with the terms and conditions of this Confidentiality Agreement. City further agrees that only City officers and employees who are responsible for and are involved in the collection of the gas utility users tax, will be provided the Information. 4. "Third Person," as used herein, include any and all City officers and employees who are not responsible for, or are not involved in, the collection of the gas utility users tax, individuals who are not duly elected officials of City or full-time salaried employees of the City (working at City Hall) , even though they may be used by City to assist it in the collection or determination of said tax, partnerships, corporations, firms, associations, agencies, agents, independent contractors, attorneys, accountants, consultants, news media, courts and other governments and regulatory agencies. Nothing herein shall preclude City (through appropriate officers or employees) from contacting the persons named in the Information in order to determine and collect any tax due from said person. 5. City further agrees that the Information is being provided in reliance upon, and on the condition that, City maintain the Information as exempt from disclosure under the California Public Records Act, under the exemptions pursuant to Government Code Section 6254(e) , (i) and any other applicable exemption. The Information shall not be open to public inspection. In the event City is served with any action to obtain disclosure of any Information, City shall, at its own cost, take all necessary steps to oppose such disclosure and City shall, provide immediate notice to The Gas Company of such action, by telephone, and shall provide written notice to The Gas company, of such action (with a copy of the petition) , within two business days, via overnight mail or deliver via overnight courier. Notice shall be delivered to The Gas Company as follows, until city receives (via a written notice mailed or delivered to the City Clerk) notice of a change: Southern California Gas Company 555 West Fifth Street Los Angeles, CA 90013-1011 Attn: Regional Governmental Relations M.L. 24A0 Should any person or organization obtain a Court order or judgment requiring the City to make the Information public, City shall comply and shall not be deemed to be in breach of this Agreement. 6. City agrees and represents to The Gas Company that the terms and conditions of this Confidentiality Agreement have been approved by resolution of the City Council, duly adopted at a regular meeting held July 28, 1993 a certified copy of which is attached hereto. 7. In the event of any breach or threatened breach of any of City's obligations hereunder, City agrees that specific performance and injunctive relief are appropriate remedies, as the damages to The Gas Company are not compensable by monetary damages. In the event any action is brought to enforce City's obligations hereunder, the prevailing party shall be entitled to its reasonable attorneys fees and costs. 8. The obligations of City hereunder shall continue for the earlier of five years following termination of franchise or the date such Information becomes publicly known through no fault of City. 0 • 9. Capitalized terms used herein, but not defined herein, shall have the meanings assigned in the formal request. C Executed \ i;:WA, at California. — City of By Mayor ATTEST: City Clerk l - oi.,i