Attachment C - Disclosure Affidavit.pdf

Request for Information #S-10000-00002702 – EVV Non-Web Based Solution Attachment C

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ATTACHMENT C — DISCLOSURE EXEMPTION AFFIDAVIT

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

1. I am an employee of the Respondent, I have knowledge of the Request for Information referenced herein, and I have full authority from the Respondent to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Respondent has submitted a Response, dated on or about _____________________ (the “Response”), to the State of Oregon (State) in response to Request for Information (RFI) #5222, for the implementation of Behavioral Health Treatment Foster Care, and I am familiar with the contents of the RFI and Response.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, 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 Response 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 Response. The Respondent believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or 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:

i. is not patented;

ii. is known only to certain individuals within the Respondent’s organization and that is used in a business the Respondent conducts;

iii. has actual or potential commercial value; and

iv. 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:

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i. 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

ii. Is the subject of efforts by the Respondent hat 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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EXHIBIT A TO ATTACHMENT B

Respondent identifies the following information as exempt from public disclosure under the following designated exemption(s):