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All materials submitted in response to this RFP will become property of the City and will <br />become public record in accordance with Minnesota Statutes, section 13.591, after the <br />evaluation process is completed. Pursuant to the statute, completion of the evaluation <br />process occurs when the government entity has completed negotiating and enters into the <br />contract with the selected Responder. <br /> <br />Responders must not submit as part of their response trade secret material, as defined by <br />Minn. Stat. § 13.37. <br /> <br />In the event trade secret data are submitted, Responder must defend any action seeking <br />release of data it believes to be trade secret, and indemnify and hold harmless the City, its <br />agents and employees, from any judgments awarded against the City in favor of the party <br />requesting the data, and any and all costs connected with that defense. <br /> <br />The City does not consider cost or prices to be trade secret material, as defined by Minn. Stat. <br />§ 13.37. <br /> <br />A Responder may present and discuss trade secret information during an interview or <br />demonstration with the City, if applicable. <br /> <br />3.12. Rights Reserved by the City <br />Notwithstanding anything to the contrary, the City reserves the right to: <br />a. Reject any and all responses received; <br />b. Waive or modify any informalities, irregularities, or inconsistencies in the responses <br />received; <br />c. Negotiate with the highest scoring Responder\[s\]; <br />d. Terminate negotiations with the highest-scoring Responder if impasse is reached and <br />negotiate with the next highest-scoring Responder; <br />e. Require Responders to conduct presentations, demonstrations, or submit samples; <br />f. Interview key personnel or references; <br />g. Request a best and final offer from Responder with which the City is negotiating; <br />h. Request additional information; and <br />l. Use estimated usage or scenarios for the purpose of conducting pricing evaluations; <br />modify scenarios, and to request or add additional scenarios for the evaluation. <br />m. Terminate negotiations, prepare and release a new RFQ and RFP, or take such other <br />action as the City deems appropriate if negotiations fail to result in a Contract. <br />n. Add subsequent work packages to the Construction Manager at Risk’s contract when <br />they are defined and funded. <br /> <br />3.13. Acceptance of Proposal Content <br />The contents of this RFP and the response of the successful Respondent will become <br />contractual obligations, along with the final Contract. The City is solely responsible for making <br />the decision in matters of interpretation of all terms and conditions. <br /> <br />3.14. Organizational Conflicts of Interest <br />To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are <br />no relevant facts or circumstances which could give rise to an organizational conflict of <br />Roseville MOC and LPCDS 13 <br />PW25-01 <br />RS160\\21\\1038443.v3 <br />Qbhf!347!pg!:15 <br /> <br />