Attachment_2_RFP_ATT_Proprietary_Agreement.doc
DOC document 27 KB Posted
- Solicitation number
- 2025-PURB RFP-0085
- Issued by
- Sacramento County, San Francisco City, California
About this file
This is a Proprietary Information Agreement template established between the County of Sacramento and consulting firms responding to the County's Request for Proposal for on-call environmental construction consulting services. The agreement governs the handling of proprietary and confidential information submitted by consultants during the proposal evaluation process for environmental remediation and monitoring projects at three county landfills: Kiefer, Elk Grove, and Grand Island. The County will utilize submitted proprietary data solely for evaluating proposals and monitoring contracted services, with proposals due electronically by 4:00 p.m. on January 16, 2026. The initial contract term is 24 months beginning November 1, 2025, with options to extend for up to three additional one-year terms. Required consulting services include groundwater monitoring and extraction well consulting (40% of contract allocation), permitting support and treatment facility design (40%), and additional construction support (20%), necessitating staff that includes a registered geologist or civil engineer with hydrogeological expertise, a staff biologist, and an electrical engineer.
The Proprietary Information Agreement requires consultants to execute the document as a condition of proposal submission, establishing that the County may disclose proprietary data as reasonably necessary for evaluation purposes and in compliance with applicable law, including Public Records Act requests. Consultants who execute the agreement agree to defend and indemnify the County against any claims resulting from the County's assertion of confidentiality regarding submitted proprietary information. The agreement permits the County to make determinations in its sole discretion regarding whether to assert confidentiality claims on behalf of the consultant, and failure to execute the agreement renders any proprietary data subject to public disclosure. Proposals are limited to ten pages and must include a cover letter, company profile, service delivery plan, key staff resumes, relevant experience narrative, three references, and comprehensive rate sheets reflecting labor and expense costs with appropriate markups.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| On-Call_Environmental_Construction_Consulting_Services.pdf | ||
| Attachment_2_RFP_ATT_Proprietary_Agreement.doc | DOC document | |
| Attachment_1_County_Sample_Contract_Terms.docx | DOCX document |
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Text version
ATTACHMENT 2
WRITTEN AGREEMENT TO INDEMNIFY FOR
RELEASE OF PROPRIETARY INFORMATION
PROPRIETARY INFORMATION AGREEMENT
BETWEEN
THE COUNTY OF SACRAMENTO AND
(CONSULTANT)
CONSULTANT, _______________________________________________, has provided the County of Sacramento (hereinafter referred to as "COUNTY") with certain information claimed by the CONSULTANT to be proprietary and/or confidential information (hereinafter referred to as "Proprietary Data"). Submittal of Proprietary Data by CONSULTANT to Agency is, in CONSULTANT'S opinion, necessary to fully respond to a Request for Proposal issued by COUNTY. CONSULTANT and COUNTY agree for a period of ___ years as follows:
1.
The Proprietary Data is submitted to COUNTY based on the understanding that the COUNTY will not disclose such data to others outside the COUNTY, nor reproduce the contents of said Proprietary Data or provide copies thereof to others outside the COUNTY without authorization from CONSULTANT or as otherwise required by law. CONSULTANT claims proprietary/confidential rights in the contents of the Proprietary Data as a basis for preventing disclosure of the contents thereof to others.
2.
The COUNTY may make such disclosure or reproduction of the Proprietary Data as is reasonably necessary or convenient to evaluate the response to the Request for Proposal and/or to provide, monitor and evaluate the services subject to the Request for Proposal.
3.
Except as provided in Paragraph 2 above, if any person serves a subpoena or makes a Public Records Act request to review, or to be provided with, copies of the Proprietary Data or any part thereof, immediately upon notification thereof, CONSULTANT agrees to defend and indemnify the COUNTY and its officers, agents and employees against any action resulting from the COUNTY asserting the confidentiality of such Proprietary Data.
4.
CONSULTANT shall defend, indemnify and hold harmless COUNTY, its Board of Supervisors, officers, directors, agents, employees, and volunteers from and against any and all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of this Agreement, regardless of whether caused by a party indemnified hereunder.
5.
If CONSULTANT fails to execute this Agreement, the COUNTY, its officers, agents, and employees shall be free to grant a Public Records Act request relating to such Proprietary Data.
6.
Notwithstanding this Agreement, the COUNTY reserves the right to determine, in its sole discretion, whether or not it will assert the claim of confidentiality on behalf of the CONSULTANT.
EXECUTED on this _____ day of _________________, 20__, in ___________________________.
By:
CONSULTANT
Title: _____________________________________
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