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<br /> <br />PUBLIC WORKS SERVICES DEPARTMENT <br />FY 2017-18 STORM PUMP REPAIR SERVICES NIB 9 OF 21 <br /> <br />• Waive informalities and irregularities in the bids; <br />• Accept, modify, or reject any items of the bid; <br />• Enter into an agreement with another Bidder in the event the originally selected Bidder <br />defaults or fails to execute an agreement with the City; and <br />• Enter into an agreement with multiple Bidders for different portions of work as outlined in <br />Section VI Scope of Services. <br /> <br />An agreement shall not be valid or binding on the City unless and until it is executed by authorized <br />representatives of the City and of the Bidder. <br /> <br />SECTION X. PUBLIC NATURE OF BID MATERIALS <br /> <br />Responses to this NIB become the exclusive property of the City. At such time as the PWS recommends <br />the Contractor to the City Manager or to the City Council, as applicable, all bids received in response <br />to this NIB become a matter of public record and shall be regarded as public records, with the exception <br />of those elements in each bid which are defined by the Bidder as business or trade secrets and plainly <br />marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or <br />responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked <br />as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the California Public <br />Records Act. Any bid which contains language purporting to render all or significant portions of the bid <br />“Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive. <br /> <br />Although the California Public Records Act recognizes that certain confidential trade secret information <br />may be protected from disclosure, the City may not accept or approve that the information that a <br />Bidder submits is a trade secret. If a request is made for information marked as “Confidential,” “Trade <br />Secret,” or “Proprietary,” the City shall provide the Bidder who submitted the information with <br />reasonable notice to allow the Bidder to seek protection from disclosure by a court of competent <br />jurisdiction. <br /> <br />SECTION XI. COLLUSION <br /> <br />By submitting a bid, each Bidder represents and warrants that its bid is genuine and not a sham or <br />collusive or made in the interest of or on behalf of any person not named therein; that the Bidder has <br />not directly induced or solicited any other person to submit a sham bid or any other person to refrain <br />from submitting a bid; and that the Bidder has not in any manner sought collusion to secure any <br />improper advantage over any other person submitting a bid. <br /> <br />SECTION XII. FAIR DEALING/CONFLICT OF INTEREST <br /> <br />The Bidder warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or will <br />be offered or given by the Bidder, or any agent or representative of the Bidder to any officer or <br />6.1.B. - Page 19