25-0004_Attachment_3,_Non-Disclosure_Agreement.pdf

STATE OF CALIFORNIA

DEPARTMENT OF FOOD AND AGRICULTURE

Non-Disclosure Agreement

This agreement is between the California Department of Food and Agriculture (hereinafter "the Department") and __________________________________________ (hereinafter “the Contractor”).

During interactions, the Department may disclose, and the Contractor may come into possession of data that may be deemed confidential or proprietary information or data.

The Contractor agrees and understands:

Initial

While performing duties associated with its contract with the Department, it is probable, if not certain, that the Contractor, its employees, and representatives may encounter a wide variety of confidential or proprietary information.

“Confidential or Proprietary Information” means:

A. Information relating to the Department or its current business, including customer information, whether provided orally, in writing, electronically, or by any other means, that was or will be:

• provided or shown to the other by the party of any of its employees or representatives.

• obtained from review of documents or property of, or communications with the other party, its employees or representatives.

B. All notes, analyses, compilations, studies, summaries, reports, and other materials that contain or are based on all or part of the information described in subsection A.

C. Material which may include, but is not limited to, administrative practices and procedures, enforcement activities, personnel matters, licensing information, system specifications, financial transactions and emergency response, depending upon the specific nature of the contract work.

Confidential or Proprietary Information is strictly for conducting business in accordance with the signed contract and the Contractor will otherwise maintain the confidentiality of the information pursuant to this agreement.

ATTACHMENT 3

STATE OF CALIFORNIA

DEPARTMENT OF FOOD AND AGRICULTURE

The Contractor does not receive any ownership rights to the information through this agreement.

After the conclusion of the contract, the Contractor, its employees, and representatives are not relieved from the responsibility to permanently preserve the confidentiality of such information even if such information is independently released into the public domain by others.

The Department must be immediately informed if the Contractor, its employees, or representatives discover or have reason to believe that any person with access to confidential information has disclosed, or intends to disclose, such information.

Any unauthorized disclosure of confidential information by or on the behalf of the Contractor, its employees, or representatives may form the basis of a civil, criminal or administrative action as well as justify the immediate termination of the contract with the Department.

By signing below, I certify that the Contractor, its employees, and representatives will preserve the confidentiality and privacy of any confidential or propriety information encountered during contract work and shall not copy, give, or otherwise disclose such information to anyone who has not likewise entered into a confidential agreement with the Department.

Contractor Signature Date

Printed Name

Telephone Number

E-mail Address