B_-_RFP_ATT_Proprietary_Agreement.pdf
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- Solicitation number
- 2025-PURB RFP-0054
- Issued by
- Sacramento County, San Francisco City, California
About this file
This is a Proprietary Information Agreement exhibit from the County of Sacramento designed to protect confidential and proprietary data submitted by consultants in response to the Rio Cosumnes Correctional Center (RCCC) Campus Electrification Plan Request for Proposal (RFP No. 2025-PURB RFP-0054). The agreement establishes a framework whereby consultants submitting proprietary or confidential information acknowledge that the County will restrict disclosure of such data to external parties, limiting access to County personnel involved in evaluating proposals and monitoring services. The RFP, released on November 20, 2025, requires qualified consulting teams to develop a comprehensive pre-design plan for transitioning RCCC's aging HVAC infrastructure from natural gas to electrified alternatives, with compliance to Chapter 11 of the 2022 California Mechanical Code for I-3 occupancies. Key deliverables include a 50% draft report, 95% draft report, and a final report with cost estimates and implementation recommendations, to be completed within six months of contract issuance. The proposal response deadline is January 8, 2026, at 2:00 p.m., with a non-mandatory pre-proposal meeting scheduled for December 9, 2025, at 9:00 a.m.
The agreement stipulates that consultants must defend and indemnify the County against any claims resulting from the County's assertion of confidentiality regarding proprietary data, including costs associated with subpoenas or Public Records Act requests. The contract will be executed on a lump-sum basis with milestone-based payments aligned to deliverable submissions. Evaluation criteria include team qualifications (25 points), relevant experience (30 points), proposal quality (15 points), cost (20 points), timeline availability (5 points), and reference quality (5 points). All proposing consultants must complete a security background investigation and view the Prison Rape Elimination Act (PREA) Compliance Training Video prior to facility access. Successful vendors will be required to maintain comprehensive insurance coverage and comply with County administrative and legal requirements, with travel costs included in the lump-sum compensation. The project is funded by Sacramento County and coordinated through the Department of General Services, Facility Planning and Management, and the Sacramento County Sheriff Organization.
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Text version
EXHIBIT B
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 County 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 _________________ 200_, in
By: ____________________
CONSULTANT
Title: ____________________
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