AgdaPkt 2017-10-02 Joint SA PFA - Laserfiche WebLink

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6.1.B. - Page 24 • Make the selection based on its sole discretion; • Reject any and all bids; • Issue subsequent Notices Inviting Bids; • Postpone contract start date for its own convenience; • Remedy technical errors in the NIB process; • Approve or disapprove the use of particular sub -consultants; • Negotiate with any, all or none of the Bidders; • Cancel the NIB and reject any and all quotations in whole or in part when it is in the best interest of the City; • Waive informalities and irregularities in the bids; • Accept, modify, or reject any items of the bid; • Enter into an agreement with another Bidder in the event the originally selected Bidder defaults or fails to execute an agreement with the City; and • Enter into an agreement with multiple Bidders for different portions of work as outlined in Section VI Scope of Services. An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the Bidder. - - L :pLQ MA RIA ' f Responses to this NIB become the exclusive property of the City. At such time as the PWS recommends the Contractor to the City Manager or to the City Council, as applicable, all bids received in response to this NIB become a matter of public record and shall be regarded as public records, with the exception of those elements in each bid which are defined by the Bidder as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the California Public Records Act. Any bid which contains language purporting to render all or significant portions of the bid "Confidential," "Trade Secret," or "Proprietary" may be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not accept or approve that the information that a Bidder submits is a trade secret. If a request is made for information marked as "Confidential," "Trade Secret," or "Proprietary," the City shall provide the Bidder who submitted the information with reasonable notice to allow the Bidder to seek protection from disclosure by a court of competent jurisdiction. I SECTION XC COLLUSION By submitting a bid, each Bidder represents and warrants that its bid is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Bidder has PUBLIC WORKS SERVICES DEPARTMENT ob FY 2017-18 LABORATORY SERVICES NIB 8 OF 28 ok 0do i