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and/or non-proprietary nature, and therefore shall be subject to public disclosure after <br />a contract is awarded. By submitting a proposal, the Respondent agrees to release the <br />City from any liability resulting from the City’s disclosure of such information. If <br />submitting information in response to this RFP that you believe to be trade secret <br />materials, as defined by the Minnesota Government Data Practices Act, Minnesota <br />Statute Section 13.37 (MGDPA), follow these instructions: <br />A. Clearly and conspicuously mark any Materials you believe to contain trade <br />secret information. <br />B. Include an attorney’s opinion for each item indicating the legal basis for <br />regarding it as trade secret under the MGDPA. <br />C. Upload this information in a protected file in the “Optional Company <br />Information” location (bottom of the Qualification page) on the Quest CDN <br />website. <br /> Your proposal may be rejected by the City in the exercise of its sole discretion if any <br />of these three requirements are not met. The Respondent also agrees to defend any <br />action seeking release of the Materials believed to be trade secret, and indemnify and <br />hold harmless the City, its public officials, agents, and employees from any judgments <br />or damages against the City in favor of the party requesting the Materials and any and <br />all costs connected with that defense. Additionally, the Respondent understands and <br />agrees that in the event a request is made under the MGDPA, the City will notify the <br />Respondent of such request, but under no circumstances shall the City be required to <br />commence or defend any action to prevent the disclosure of any Materials which the <br />Respondent believes to be trade secret or confidential. <br />1.14 RESPONSIBLE PROPOSERS (RESPONDENTS) <br /> The City reserves the right to award project contracts only to the responsible <br />respondents. Responsible respondents are defined as companies that meet the <br />requirements of this RFP and demonstrate the financial ability, resources, skills, <br />capability, willingness, and business integrity necessary to perform the contract. The <br />City’s determination of whether a Respondent is a responsible respondent is at the <br />City’s sole discretion. <br />1.15 NOTIFICATION OF AWARD <br /> <br /> If the City makes an award as a result of this RFP process, the City will deliver to the <br />selected Respondent a notice of selection. The resulting project contract shall consist <br />of (but not limited to): <br /> <br />a. The terms, conditions, specifications, and requirements of this RFP and its <br />attachments, <br />b.Any addenda issued by the City pursuant to this RFP, <br />Page 5 of 11 <br />15 <br /> <br />