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6.11). - Page 109 of 179 <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 <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 as <br />"Confidential," "Trade Secret," or "Proprietary," the City shall provide the Proposer who submitted <br />the information with reasonable notice to allow the Proposer to seek protection from disclosure by a <br />court of competent jurisdiction. <br />SECTION XI. COLLUSION <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 <br />other person to refrain from submitting a proposal; and that the Proposer has not in any manner <br />sought collusion to secure any improper advantage over any other person submitting a proposal. <br />SECTION XII. FAIR DEALING/CONFLICT OF INTEREST <br />The Proposer warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or <br />will be offered or given by the Proposer, or any agent or representative of the Proposer to any officer <br />or employee of the City with a view toward securing a recommendation of award or subsequent <br />contract or for securing more favorable treatment with respect to making a recommendation of <br />award. <br />The Proposer warrants that it presently has no interest and shall not acquire any interest, direct or <br />indirect, which would conflict in any manner or degree with the performance of services required <br />under the contract resulting from this RFP. The Proposer also warrants that, to the best of its <br />knowledge, no officer, agent or employee of the City who shall participate in any decision relating to <br />this RFP and the resulting contract, currently has, or will have in the future, a personal or pecuniary <br />interest in the Proposer's business. <br />SECTION XIII. NON -CONFORMING PROPOSAL <br />A proposal shall be prepared and submitted in accordance with the provisions of these RFP <br />instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or <br />to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of <br />the City. <br />SECTION XIV. QUESTIONS REGARDING THE RFP <br />Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, <br />questions regarding this RFP must be put in writing and received by the City contact person identified <br />O7P FORM 4000/2 <br />148 <br />