1-KORA redacted proposal agreement.docx
DOCX document 27 KB Posted
- Solicitation number
- 160-261006
- Issued by
- Kansas
About this file
This document is a Kansas Open Records Act (KORA) Disclosure Agreement between the Kansas Turnpike Authority (KTA) and a contractor who submitted a proposal in response to a Request for Proposal (RFP). The agreement addresses the contractor's submission of a redacted version of its winning proposal, with certain information withheld that the contractor considers confidential and proprietary. Under the terms of the agreement, KTA commits to producing only the redacted version of the proposal in response to all future KORA requests received by the agency. The contractor submitting the proposal will retain the right to designate information as confidential, while KTA agrees to honor those redactions when fulfilling public records requests.
The agreement establishes an indemnification provision requiring the contractor to defend and hold harmless KTA, its officers, employees, and agents from any claims, actions, liabilities, damages, losses, or expenses—including reasonable attorneys' fees—arising from KTA's disclosure of the redacted proposal or any claims that the redactions were improper or violated third-party rights. The agreement is governed by Kansas state law and constitutes the entire understanding between the parties regarding the handling and disclosure of the proposal. The agreement requires execution by authorized representatives of both KTA and the contractor, with signature lines and date fields provided for both parties.
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| 6-Submission Instructions - 160-261006.docx | DOCX document |
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Text version
AGREEMENT REGARDING DISCLOSURE OF REDACTED PROPOSAL UNDER KANSAS OPEN RECORDS ACT
This Agreement is entered into as of the ___ day of __________, 2025, by and between the Kansas Turnpike Authority (“KTA”), a public instrumentality of the State of Kansas, and [Company Name], a private entity having submitted a proposal in response to KTA’s Request for Proposal [RFP Reference and Title].
WHEREAS, KTA has received multiple requests under the Kansas Open Records Act (“KORA”) for a copy of the winning proposal submitted by [Company Name];
WHEREAS, [Company Name] has provided KTA with a redacted version of its proposal, omitting information it considers confidential, proprietary and not subject to disclosure under KORA;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Disclosure of Redacted Proposal KTA agrees to produce only the redacted version of [Company Name]’s proposal in response to all KORA requests received by KTA.
2. Indemnification and Defense [Company Name] agrees to indemnify, defend, and hold harmless KTA, its officers, employees, and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to KTA’s disclosure of the redacted proposal, including but not limited to any claim that the redactions were improper or that disclosure violated any rights of third parties.
3. Entire Agreement This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions or agreements.
4. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Authorized Representative Kansas Turnpike Authority
Date: _______________
Authorized Representative [Company Name]
Date: _______________
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