Public Records Act Requests. In accordance with the Public Records Act (California Government Code §§ 6250 et seq.), SOQs and related documents submitted pursuant to this Request for Qualification will be subject to disclosure and review by the public once the Selected Firms are announced and upon a request made in compliance with the Public Records Act as required by law. Except as otherwise required by Applicable Law, the District will not disclose trade secrets or proprietary information submitted by an Applicant provided that the Applicant has specifically and conspicuously marked and identified such information as “Proprietary and Confidential Information” at each location in its SOQs where such information appears. Notwithstanding any such markings or identification of information by Applicant as “Proprietary and Confidential,” the District reserves the right to independently determine whether any such information is subject to disclosure and to make such information available for review to the public to the extent required by Applicable Law.
Public Records Act Requests. If the SJVIA receives a request under the California Public Records Act (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) (“CPRA”) or a similar law to disclose any document that is in the Contractor’s possession but which the SJVIA may review, request, or obtain from the Contractor under sections 7.1 or 7.2 of this agreement, then the SJVIA will promptly notify the Contractor and request the responsive documents that may be in the possession of the Contractor. The notification shall be in writing, which may include but is not limited to email addressed to the appropriate key person or persons. Upon receiving that notification, the Contractor has five business days in which to provide responsive documents, use the procedure provided in section 7.4 of this agreement, or both. The Contractor shall promptly inform the SJVIA if the Contractor believes that five business days are not sufficient time in which to respond. The Contractor shall indemnify the SJVIA for any award of costs or attorney’s fees under the CPRA that results from the Contractor’s use of the procedure provided in section 7.4 of this agreement.
Public Records Act Requests. If the SJVIA receives a written or oral request under the CPRA or a similar law to disclose any document that is in the Consultant’s possession but which the SJVIA has a right to possessor control, then the SJVIA may demand, in writing, that the Consultant deliver to the SJVIA, for purposes of public disclosure, the requested records that may be in the possession or control of the Consultant. Within five business days after the SJVIA’s demand, the Consultant shall (a) deliver to the SJVIA all of the requested records that are in the Consultant’s possession or control, together with a written statement that the Consultant has produced all requested records that are in the Consultant’s possession or control, or (b) provide to the SJVIA a written statement that the Consultant does not possess or control any of the requested records. The Consultant shall cooperate with the SJVIA with respect to any SJVIA demand for such records. The Consultant shall indemnify the SJVIA for any award of costs or attorney’s fees under the CPRA that results from the Consultant’s delay, claim of exemption, failure to produce such records, or failure to cooperate with the SJVIA with respect to any SJVIA demand for such records.
Public Records Act Requests. If the SJVIA receives a written or oral 17 request under the CPRA to publicly disclose any record that is in the Contractor’s 18 possession or control, and which the SJVIA has a right, under any provision of this 19 Agreement or applicable law, to possess or control, such as the deliverables that the 20 Contractor is obligated to provide under this Agreement, then the SJVIA may demand, 21 in writing, that the Contractor deliver to the SJVIA, for purposes of public disclosure, the 22 requested records that may be in the possession or control of the Contractor. Within five 23 business days after the SJVIA’s demand, the Contractor shall (a) deliver to the SJVIA 1 all of the requested records that are in the Contractor’s possession or control, together 2 with a written statement that the Contractor, after conducting a diligent search, has 3 produced all requested records that are in the Contractor’s possession or control, or (b) 4 provide to the SJVIA a written statement that the Contractor, after conducting a diligent 5 search, does not possess or control any of the requested records. The Contractor shall 6 cooperate with the SJVIA with respect to any SJVIA demand for such records. If the 7 Contractor wishes to assert that any specific record or data is exempt from disclosure 8 under the CPRA or other applicable law, it must deliver the record or data to the SJVIA 9 and assert the exemption by citation to specific legal authority within the written 10 statement that it provides to the SJVIA under this section. The Contractor’s assertion of 11 any exemption from disclosure is not binding on the SJVIA, but the SJVIA will give at 12 least 10 days’ advance written notice to the Contractor before disclosing any record 13 subject to the Contractor’s assertion of exemption from disclosure. The Contractor shall 14 indemnify the SJVIA for any court-ordered award of costs or attorney’s fees under the 15 CPRA that results from the Contractor’s delay, claim of exemption, failure to produce 16 any such records, or failure to cooperate with the SJVIA with respect to any SJVIA 17 demand for any such records.
Public Records Act Requests. Consultant shall manage requests for certified payroll records under the Labor Code and general requests for records under the California Public Record Act, ensuring the District’s compliance related to those requests and contractors’ compliance with those requests.
Public Records Act Requests. If the County receives a written or oral request 2 under the CPRA to publicly disclose any record that is in the Contractor’s possession or control, 3 and which the County has a right, under any provision of this Agreement or applicable law, to 4 possess or control, then the County may demand, in writing, that the Contractor deliver to the 5 County, for purposes of public disclosure, the requested records that may be in the possession 6 or control of the Contractor. Within five business days after the County’s demand, the 7 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor’s 8 possession or control, together with a written statement that the Contractor, after conducting a 9 diligent search, has produced all requested records that are in the Contractor’s possession or 10 control, or (b) provide to the County a written statement that the Contractor, after conducting a 11 diligent search, does not possess or control any of the requested records. The Contractor shall 12 cooperate with the County with respect to any County demand for such records. If the 13 Contractor wishes to assert that any specific record or data is exempt from disclosure under the 14 CPRA or other applicable law, it must deliver the record or data to the County and assert the 15 exemption by citation to specific legal authority within the written statement that it provides to
Public Records Act Requests. The GSA Parties agree that the Coordination Workgroup is not a public agency and shall take all appropriate actions to ensure the non- public agency status of the Coordination Workgroup when receiving any data requests under the Public Records Act or otherwise. As such, the Plan Manager is not authorized to accept or respond to any Public Records Act request, and may, but is not obligated to, refer the requesting party to one or more of the GSA Parties.
Public Records Act Requests. Contractor acknowledges that, pursuant to California law, all information provided by Contractor pursuant to this Contract is subject to California Public Records Act, Government Code §7920, et seq., and may be subject to disclosure. County will attempt to notify Contractor if disclosure is requested of information that Contractor has indicated is Contractor Confidential Information, to give Contractor an opportunity to seek a court order prohibiting disclosure of such information. However, due to the short statutory time period of County’s responses to request for public records, County will be able to give Contractor only a short period of time in which to seek such a court order before County will be required to disclose the requested information. Further, it is Contractor’s responsibility to assert that information Contractor believes is Confidential Information should not be disclosed; County will not make such a claim for Contractor, but will obey a valid court order obtained by Contractor prohibiting disclosure of such information.
Public Records Act Requests. Per the Public Records Act, District will make available to the public Vendor’s SOQ (if vendor’s Envelope is opened), all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures set forth herein, and all subsequent Bid evaluation information. All submissions not opened will remain sealed and shall be returned to the submitter. Except as otherwise required by law, the District will not disclose trade secrets or proprietary financial information submitted by Vendors that has been designated as confidential by Vendor (including but not limited to the SOQ). Any such trade secrets or proprietary financial information that Vendor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific confidential information must be clearly identified as such. Upon a request for records regarding this Bid, District will notify the Vendor involved, within ten Days from receipt of the request, when the records will be made available for inspection. If the Vendor timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Vendor determines is not subject to public disclosure, and requests that District refuse to comply with the records request, Vendor shall take all appropriate legal action and defend Vendor’s refusal to produce the information in all forums; otherwise District will make such information available to the extent require by applicable law, without restriction. Information disclosed in the SOQ and the attendant submissions are the property of District unless Vendor makes specific reference to data that is considered proprietary. Subject to the requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.
Public Records Act Requests. If the Department receive a request for public disclosure of materials marked “CONFIDENTIAL,” the Department will use reasonable efforts to notify the Progressive Contractor of the request and give the Progressive Contractor an opportunity to assert, in writing and at its sole expense, a claimed exception under the Public Records Act or other applicable Law within the time period specified in the notice issued by the Department and allowed under the Public Records Act. Under no circumstances, however, will the Department be responsible or liable to the Progressive Contractor for the disclosure of any such labeled materials, whether the disclosure is required by applicable Law or court order, or occurs through inadvertence, mistake or negligence on the part of the Department or their officers, employees, contractors or consultants.
