ATTACHMENT 2 Affidavit of Trade Secret.pdf

RFGP OregonBuys #S-47100-00007425

OED #23-151 Page 35 of 98

Version 2.0 - July 6, 2015

ATTACHMENT 2 – AFFIDAVIT OF TRADE SECRET

____________________ (Affiant), being first duly sworn under oath, and representing _____________________________ (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Grant Proposals (RFGP)referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about ___________________ (the “Proposal”), to the State of Oregon (State) in response to RFGP # S-47100-00007425, for UI Navigator Grant and I am familiar with the contents of the RFGP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.513, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed below is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

a. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

(1) is not patented,

(2) is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

(3) has actual or potential commercial value, and

(4) gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

b. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

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Version 2.0 - July 6, 2015

(2) Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ________________)

) ss:

County of _____________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of _________________

My Commission Expires: _________

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Version 2.0 - July 6, 2015

Attachment 2, Affidavit of Trade Secret

EXEMPT INFORMATION:

Proposer identifies the following information as exempt from public disclosure: