4724_NDA.pdf

COUNTY OF SACRAMENTO

Secured Bid Document Information Request Form

Instructions: Bidders must complete the fields in the table below and review and sign the CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT. Once complete, submit the form to Keyst@Saccounty.gov and RSVP to the pre-bid meeting in OpenGov Procurement. Failure to sign the CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT will result in Contractor being deemed non-responsive if a bid is submitted.

Subject Construction Project Number:

Bidder Organization Name:

Point of Contact:

POC email:

Phone number:

Street address:

City, State, ZIP

CSLB No:

DIR No:

By providing this form to COUNTY, and signing below, the above individual indicates acceptance of the CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT, inclusive of all of its terms and conditions, in order to view the Confidential Secured Information pertaining to the subject project above.

The remainder of this page is intentionally left blank. The Agreement follows on the next page.

Confidentiality and Non-Disclosure Agreement

CONFIDENTIALITY AND NON DISCLOSURE AGREEMENT herein after called “Agreement”

RECITALS

A. WHEREAS, the County has a Public Works Construction Project at a secured facility, and the associated Plans and Specifications B.T. Collins Youth Detention Facility – Replace Obsolete HVAC Controllers CN 4724 Contract Documents constitute CONFIDENTIAL SECURED INFORMATION. Pursuant to the Public Contract Code, the County is issuing this project for Public Bid and, for that limited purpose, is willing to make the CONFIDENTIAL SECURED INFORMATION available to Contractors solely so they may review the materials and prepare, estimate, and submit a Sealed Bid for construction services for the County project (the “PURPOSE”).

B. WHEREAS, Contractor wishes to receive and view CONFIDENTIAL SECURED

INFORMATION for the PURPOSE as stated above.

NOW THEREFORE, in consideration of the intent of these secured documents the named CONTRACTOR above agrees as follows:

1. DISCLOSURE AND PURPOSE

County agrees to disclose the CONFIDENTIAL SECURED INFORMATION to Contractor for viewing only within a secure facility designated by the County, and Contractor agrees to receive and view the CONFIDENTIAL SECURED INFORMATION solely for the PURPOSE.

2. OWNERSHIP, CONFIDENTIALITY, AND RESPONSIBILITY

County shall maintain ownership of the CONFIDENTIAL SECURED INFORMATION.

Contractor shall use the highest degree of care and implement all necessary security measures to ensure that the CONFIDENTIAL SECURED INFORMATION is viewed only within the secure facility designated by the County, and is not copied, photographed, scanned, sketched, transcribed, reproduced, digitized, or removed from the secure facility in any form, whether physical or electronic.

Contractor shall ensure that any personnel granted access to the CONFIDENTIAL SECURED INFORMATION are authorized, have a legitimate need to know, and comply with all terms of this Agreement. Contractor shall not disclose the CONFIDENTIAL SECURED INFORMATION to anyone other than Contractor’s attorneys and employees with a legitimate need to know, and only to the extent necessary to perform the PURPOSE. Contractor shall immediately notify the County in writing of any breach, suspected breach, or unauthorized access, viewing, or attempted reproduction of the CONFIDENTIAL SECURED

Confidentiality and Non-Disclosure Agreement

INFORMATION. This section shall survive termination of the Agreement.

3. BREACH AND REMEDY

Contractor agrees that a breach of the provisions of this Agreement by Contractor will cause harm to the County, and therefore Contractor agrees that injunctive relief is an appropriate means to enforce this Agreement in addition to any other remedies available to County. In the event a breach of this Agreement by Contractor or any agent or employee of Contractor is proven to have occurred, Contractor agrees to indemnify the County for any liabilities, costs, and expenses, including but not limited to attorneys' fees incurred by County in connection with the breach.

4. REPRESENTATION AND ASSIGNMENT

All information disclosed by the County pursuant to this Agreement is disclosed "As Is" and without warranties. This Agreement sets forth the entire understanding of the Parties as to the confidentiality and nondisclosure of the CONFIDENTIAL SECURED INFORMATION and supersedes all other written and oral agreements and understandings between the Parties as to the subject matter. Contractor shall not assign this Agreement without the advance written permission of the County.

This Agreement shall be binding upon and inure to the benefit of any successors and assigns of Contractor. This Agreement shall be administered and interpreted under the laws of the State of California and any action brought hereunder shall be brought in the County of Sacramento, Superior Court of California.

Signature:

Name of Signer, and Title:

Cont:

Date: