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<br />PUBLIC WORKS SERVICES DEPARTMENT 9 <br />Flygt Sewage and Storm Pump Preventative Maintenance Project <br />cost to and the benefits to be derived by the City will be considered. The City reserves <br />the right to reject any and all bids and to waive any informality in bids received. <br /> <br />Public Nature of Proposal Material <br />Responses to this RFP become the exclusive property of the City. At such time as the Redwood <br />City Public Works Services Department recommends the firm to the City Manager or to the City <br />Council, as applicable, all Proposals received in response to this RFP becomes a matter of public <br />record and shall be regarded as public records, with the exception of those elements in each <br />proposal which are defined by the Proposer as business or trade secrets and plainly marked as <br />“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 <br />marked as “Confidential,” “Trade Secret,” or “Proprietary” of if disclosure is required under the <br />Public 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 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 />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 <br />Proposal or any other person to refrain from submitting a Proposal; and that the Proposer has <br />not in any manner sought collusion to secure any improper advantage over any other person <br />submitting a Proposal. <br /> <br />Fair Dealing / Conflict of Interest <br />The Proposer warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, <br />or will be offered or given by the Proposer, or any agent or representative of the Proposer to any <br />officer or employee of the City with a view toward securing a recommendation of award or <br />subsequent contract or for securing more favorable treatment with respect to making a <br />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 best <br />6.1.A. - Page 26