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<br />RFP Pan Am Barge Removal – due 20 June 2014 Page 9 of 22 <br />14. Public Nature of Proposal Material <br />Responses to this RFP become the exclusive property of the City. At such time as the selection <br />committee recommends the firm to the City Manager or to the City Council, as applicable, all <br />Proposals received in response to this RFP becomes a matter of public record and shall be <br />regarded as public records, with the exception of those elements in each proposal which are <br />defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” <br />“Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the <br />disclosure of any such proposal or portions thereof, if they are not plainly marked as <br />“Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public <br />Records Act. Any Proposal which contains language purporting to render all or significant <br />portions of the Proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as <br />non-responsive. <br /> <br />Although the California Public Records Act recognizes that certain confidential trade secret <br />information may be protected from disclosure, the City may not accept or approve that the <br />information that a Proposer submits is a trade secret. If a request is made for information <br />marked as “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer <br />who submitted the information with reasonable notice to allow the Proposer to seek protection <br />from disclosure by a court of competent jurisdiction. <br /> <br />15. Collusion <br />By submitting a Proposal, each Proposer represents and warrants that its Proposal is genuine <br />and not collusive or made in the interest of or on behalf of any person not named therein; that <br />the Proposer has not directly induced or solicited any other person to submit a false Proposal or <br />any other person to refrain from submitting a Proposal; and that the Proposer has not in any <br />manner sought collusion to secure any improper advantage over any other person submitting a <br />Proposal. <br /> <br />16. Fair Dealing / Conflict of Interest <br />The Proposer warrants that no gratuities, in the form of entertainment, gifts or otherwise, <br />were, or will be offered or given by the Proposer, or any agent or representative of the <br />Proposer to any officer or employee of the City with a view toward securing a recommendation <br />of award or subsequent contract or for securing more favorable treatment with respect to <br />making a recommendation of award. <br /> <br />The Proposer warrants that it presently has no interest and shall not acquire any interest, direct <br />or indirect, which would conflict in any manner or degree with the performance of services <br />required under the contract resulting from this RFP. The Proposer also warrants that, to the <br />best of its knowledge, no officer, agent or employee of the City who shall participate in any <br />decision relating to this RFP and the resulting contract, currently has, or will have in the future, <br />a personal or pecuniary interest in the Proposer’s business. <br /> <br /> <br />7.1.D. - Page 20