1-KORA redacted proposal agreement.docx

DOCX document 27 KB Posted

Attached to
RFQ 8328-1 TRAILER ATTENUATOR WITH ARROW BOARD
Solicitation number
8328-1
Issued by
Kansas

About this file

This document is a Kansas Open Records Act (KORA) Redacted Proposal Agreement between the Kansas Turnpike Authority (KTA) and a contractor who submitted a proposal in response to KTA's Request for Proposal. The agreement addresses the disclosure of the winning proposal following multiple KORA requests. Under the terms of this agreement, KTA will produce only the redacted version of the contractor's proposal in response to all KORA requests, with the contractor having identified information it considers confidential and proprietary that should be omitted from public disclosure.

The contractor agrees to indemnify, 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, including claims that the redactions were improper or that disclosure violated third-party rights. The agreement is governed by Kansas law and constitutes the entire understanding between the parties regarding the subject matter. This agreement is related to RFQ 8328-1 for the purchase of four Scorpion II TL-3 Trailer Attenuators with 25 Lamp Vermac Arrow Boards (48"x96") by the Kansas Turnpike Authority, with units to be new 2026/2027 models meeting specified equipment standards.

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2-KTA form 236.pdf PDF

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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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