AgdaPkt 2021.02.22 Joint SA PFA - Laserfiche WebLink

Browse Search

6.J. - Page 27 of 86 Attachment B Bidder's Initials • Enter into an agreement with another Bidder in the event the originally selected Bidder 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 Bidder. 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 under the 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. Page 10 of 27 445