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6.C. - Page 28 of 43 <br />10. Award of Contract <br />10.1. When Award Occurs <br />Award of contract occurs when a Purchase Order is issued or other evidence of <br />acceptance by the City is provided to the Proposer. A Recommendation of Award does <br />not constitute award of contract. <br />10.2. Award <br />If a contract is awarded, it shall be awarded to the responsive and responsible Proposer <br />whose Proposal followed all directions in the RFP and would be most advantageous to <br />the City as set forth in the Review and Selection Process. The award of this contract will <br />not be based on price alone. Factors that would affect the final cost to and the benefits <br />to be derived by the City will be considered. The City reserves the right to reject any and <br />all bids and to waive any informality in bids received. <br />1.1. Public Nature of Proposal Material <br />Responses to this RFP become the exclusive property of the City. At such time as the Redwood City <br />Public Library recommends the firm to the City Manager or to the City Council, as applicable, all <br />Proposals received in response to this RFP become a matter of public record and shall be regarded <br />as public records, with the exception of those elements in each proposal which are defined by the <br />Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or <br />"Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such <br />proposal or portions thereof, if it is not plainly marked as "Confidential," "Trade Secret," or <br />"Proprietary", if disclosure is required under the Public Records Act. Any Proposal which contains <br />language purporting to render all or significant portions of the Proposal "Confidential," "Trade <br />Secret," or "Proprietary" may be 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 <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 />12. 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 Proposal <br />or any other person to refrain from submitting a Proposal; and that the Proposer has not in any <br />manner sought collusion to secure any improper advantage over any other person submitting a <br />Proposal. <br />13. 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 />LIBRARY MEETING ROOM FURNITURE 8 <br />154 <br />