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6.D. - Page 54 of 65 <br />Attachment D <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 Proposer. <br />k9 -0 X tiPrlJBLIC NAT JR0 PRbP*NATEiRIA( } <br />a r E <br />Responses to this RFP 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 proposals received in <br />response to this RFP become a matter of public record and shall be regarded as public records, with <br />the exception of those elements in each proposal which are defined by the Proposer as business or <br />trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not <br />in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they <br />are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required <br />under the California Public Records Act. Any proposal which contains language purporting to render <br />all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" may be <br />regarded as non-responsive. <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 />Proposer submits is a trade secret. If a request is made for information marked as "Confidential," <br />"Trade Secret," or "Proprietary," the City shall provide the Proposer who submitted the information <br />with reasonable notice to allow the Proposer to seek protection from disclosure by a court of <br />competent jurisdiction. <br />By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not <br />a sham or collusive or made in the interest of or on behalf of any person not named therein; that the <br />Proposer has not directly induced or solicited any other person to submit a sham proposal or any other <br />person to refrain from submitting a proposal; and that the Proposer has not in any manner sought <br />collusion to secure any improper advantage over any other person submitting a proposal. <br />PUBLIC WORKS SERVICES DEPARTMENT <br />ELEVATOR MAINTENANCE SERVICES RFP {9/9/2019} 8 OF 26 <br />150 <br />