AgdaPkt 2020-02-24 Joint SA PFA - Laserfiche WebLink

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6.E. - Page 37 of 50 • Postpone contract start date for its own convenience; • Remedy technical errors in the RFP process; • Approve or disapprove the use of particular sub -consultants; • Cancel the RFP 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 proposals; and • Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. 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 Proposer. SECTION X. PUBLIC NATURE OF PROPOSAL MATERIALS Responses to this RFP 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 proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer 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 proposal which contains language purporting to render all or significant portions of the proposal "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 Proposer submits is a trade secret. If a request is made for information marked as "Confidential," "Trade Secret," or "Proprietary," the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction. SECTION XI. COLLUSION By submitting a proposal, each Proposer represents and warrants that its proposal 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 Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. SECTION XII. FAIR DEALING/CONFLICT OF INTEREST PUBLIC WORKS SERVICES DEPARTMENT FY 2019-20 RESIDENTIAL AND COMMERCIAL COLD WATER METER PURCHASES RFP (9/13/2019) 14 OF 27 128