2012-08-07_PR_Packet - Laserfiche WebLink

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1.12 ADDENDUM • The City reserves the right to issue an addendum to the RFP at any time for any reason. If any addenda are issued such addenda shall be issued by The City prior to the time that proposals are received and shall be considered part of the RFP. 1.13 RESPONSES SUBJECT TO PUBLIC DISCLOSURE • The City considers all information, documentation and other materials (collectively, "Materials" or "Items") submitted in response to this RFP to be of a non-confidential and/or non-proprietary nature, and therefore shall be subject to public disclosure after a contract is awarded. By submitting a proposal, the Respondent agrees to release the City from any liability resulting from the City's disclosure of such information. If submitting information in response to this RFP that you believe to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statute Section 13.37 (MGDPA), follow these instructions: A. Clearly and conspicuously mark any Materials you believe to contain trade secret information. B. Enclose such Materials in a separate envelope, which itself is clearly and conspicuously marked "Confidential." C. Include in the envelope an attorney's opinion for each item indicating the legal basis for regarding it as trade secret under the MGDPA. • Your proposal may be rejected by the City in the exercise of its sole discretion if any of these three requirements are not met. The Respondent also agrees to defend any action seeking release of the Materials believed to be trade secret, and indemnify and hold harmless the City, its Regents, agents, and employees from any judgments or damages against the City in favor of the party requesting the Materials and any and all costs connected with that defense. Additionally, the Respondent understands and agrees that in the event a request is made under the MGDPA, the City will notify the Respondent of such request, but under no circumstances shall the City be required to commence or defend any action to prevent the disclosure of any Materials which the Respondent believes to be trade secret or confidential. 1.14 RESPONSIBLE PROPOSERS (RESPONDENTS) • The City reserves the right to award project contracts only to the responsible respondents. Responsible respondents are defined as companies that meet the requirements of this RFP and demonstrate the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform the contract. The City's determination of whether a Respondent is a responsible respondent is at the City's sole discretion. Page 7 of 40