Certificate_of_Confidentiality.pdf

CCERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

SOLICITATION NO.:

SOLICITATION NAME:

PLEASE CAREFULLY READ THIS CERTIFICATION AS YOUR BID RESPONSE IS

CONSIDERED A PUBLIC RECORD UNDER FLORIDA STATUTES.

ACCORDINGLY, IF SPECIFIC SENSITIVE INFORMATION IN YOUR BID

RESPONSE IS NOT PROPERLY LABELED AS “CONFIDENTIAL” OR “TRADE

SECRET” INFORMATION, IT COULD BE SUBJECT TO DISCLOSURE PURSUANT

TO FLORIDA PUBLIC RECORDS LAW.

Kissimmee Utility Authority (“KUA”), as a government agency, is subject to the Florida Public Records Act, Florida Statutes Chapter 119.07, et seq. Under Florida law, KUA is required to disclose all public record information in its possession upon request unless it is statutorily exempt, either under the trade secret exemption, Florida Statutes §812.081, §815.045 or §688.002, or the proprietary confidential business information exemption under Florida Statute §119.0713(4). For purposes of this Certification, the term “Response” includes Bidder’s proposal(s) and/or response(s) to KUA’s solicitations.

The undersigned Bidder hereby certifies that it has read and familiarized itself with Florida Statutes Chapter 119.07 et seq and Florida Statutes §812.081, §815.045, §119.0713, and §688.002. Bidder further certifies that it understands that Florida statutes and case law favor disclosure of records and prohibit exempting most information in a response to a government solicitation. Bidder understands that exemptions from public records disclosure are strictly scrutinized; and thus, Bidder certifies that it shall exercise reasonable judgment in specifically labeling information as protected confidential or trade secret information. Bidder acknowledges and further understands that government agencies, like KUA, are not required to seek permission to disclose non-exempt public records information upon request but have an affirmative duty to provide such information to requester(s) within a reasonable time.

Therefore, Bidder certifies that it has specifically and appropriately labeled any information as “Confidential” in its Response to KUA’s above-referenced solicitation that meets the statutory definitions of trade secret or proprietary confidential business information described above. Bidder further understands and agrees that if it fails to properly label as “Confidential” specific information in its Response that meets the statutory definitions of trade secret or proprietary confidential business information described above, then KUA will consider the information in Bidder’s Response as public record information that is not exempt from public disclosure. Accordingly, Bidder understands and agrees that in the event KUA receives a public records request(s) for Bidder’s Response to KUA’s above-referenced solicitation, KUA will provide full-disclosure of Bidder’s Response and accompanying information to the requester(s) unless Bidder has made affirmative efforts to appropriately label its asserted trade secret or propriety confidential business information as “Confidential.”

CCERTIFICATION OF PROPER IDENTIFICATION AND/OR REDACTION OF

PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION AND/OR TRADE

SECRET INFORMATION

Bidder understands and agrees that should the requester(s) either file a lawsuit seeking court-mandated disclosure of previously labeled confidential or trade secret information or give KUA an indication that it will challenge the refusal to disclose any information that Bidder has labeled as confidential, KUA reserves the right to reevaluate the exempt status of this information and make preparations to turn the information over. In such event, KUA will give Bidder the opportunity to seek a protective order at its own cost and expense. If the requester(s) decide to challenge this in a court of law, Bidder agrees to retain counsel (and be solely responsible for its own attorney’s fees and costs) to defend and protect the information it claims is confidential and subject to the statutory exemptions from public records disclosure referenced above.

In return for the separate and adequate consideration stated in Subsection 12 Indemnity of Section 2 General Conditions, Special Instructions and Insurance Requirements of the above-referenced solicitation, Bidder agrees to indemnify and hold KUA harmless from any and all liability and/or expense, including reasonable attorney’s and expert witness fees and court costs, in the event a court finds that any of Bidder’s redacted information is public record and holds KUA liable for the requester(s)’ attorney’s fees and court costs for failure to disclose a public record.

KUA reserves the right to factor this result in any evaluation of bids submitted by Bidder in response to future KUA solicitations.

By submitting a Response to KUA’s above-referenced solicitation and signing this form, Bidder agrees that it has and will comply with all applicable requirements of the Florida Public Records Act and will further fully comply in good faith with the terms and conditions of this Certification.

This Certification shall remain in effect in full force and effect even after a contract is awarded and executed by the awardee.

Signature:

Print Name:

Title:

Company:

Date:

REMINDER: THIS FORM MUST BE INCLUDED WITH YOUR SUBMITTAL.

FAILURE TO SUBMIT WITH YOUR SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.