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<br />PUBLIC WORKS SERVICES <br />2017 Redwood Shores Lagoon Aquatic Plant <br />Management and Environmental Engineering Services RFP 11 <br /> <br />14. Public Nature of Proposal Material <br />Responses to this RFP become the exclusive property of the City. At such time as the Redwood City <br />Public Works Department recommends the firm to the City Manager or to the City Council, as <br />applicable, all Proposals received in response to this RFP becomes a matter of public record and <br />shall be regarded as public records, with the exception of those elements in each proposal which <br />are 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 “Confidential,” <br />“Trade Secret,” or “Proprietary” of if disclosure is required under the Public Records Act. Any <br />Proposal which contains language purporting to render all or significant portions of the Proposal <br />“Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as 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 marked <br />as “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who <br />submitted the information with reasonable notice to allow the Proposer to seek protection from <br />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 and <br />not a sham or collusive or made in the interest of or on behalf of any person not named therein; <br />that the Proposer has not directly induced or solicited any other person to submit a sham Proposal <br />or 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, were, or <br />will be offered or given by the Proposer, or any agent or representative of the Proposer to any officer <br />or employee of the City with a view toward securing a recommendation of award or subsequent <br />contract or for securing more favorable treatment with respect to making a recommendation of <br />award. <br /> <br />The Proposer warrants that it presently has no interest and shall not acquire any interest, direct or <br />indirect, which would conflict in any manner or degree with the performance of services required <br />under the contract resulting from this RFP. The Proposer also warrants that, to the best of its <br />knowledge, no officer, agent or employee of the City who shall participate in any decision relating <br />to this RFP and the resulting contract, currently has, or will have in the future, a personal or <br />pecuniary interest in the Proposer’s business. <br /> <br />17. Disqualification <br />A Proposer will be disqualified from the RFP process if any of the following apply to the Pr oposer: <br />6.1.B. - Page 23