AgdaPkt 2019-06-10 Joint SA PFA - Laserfiche WebLink

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6.J. - Page 78 of 108 SECTION X. PUBLIC NATURE OF BID MATERIALS 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 underthe 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. SECTION XI. 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 not directly induced or solicited any other person to submit a sham bid or any other person to refrain from submitting a bid; and that the Bidder has not in any manner sought collusion to secure any improper advantage over any other person submitting a bid. SECTION XII. FAIR DEALING/CONFLICT OF INTEREST The Bidder warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or will be offered or given by the Bidder, or any agent or representative of the Bidder to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award. The Bidder warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract resulting from this NIB. The Bidder also warrants that, to the best of its knowledge, no officer, agent or employee of the City who shall participate in any decision relating to this NIB and the resulting contract, currently has, or will have in the future, a personal or pecuniary interest in the Bidder's business. SECTION XIII. NON -CONFORMING BID PUBLIC WORKS SERVICES DEPARTMENT FY 2018-19 LED STREET LIGHT FIXTURES NIB 7 OF 36 278