Request for Qualifications & Proposals - Courthouse Elevator Projec

LEWIS AND CLARK COUNTY
AFFIDAVIT FOR TRADE SECRET CONFIDENTIALITY
STATE OF )
)ss.
County of )
(Affiant), being first duly sworn under oath, and representing
(hereafter "Vendor"), hereby deposes and says that:
1. I am an attorney licensed to practice in the State of , representing the Vendor
referenced in this matter, and have full authority from the Vendor to submit this affidavit and accept the
responsibilities stated herein.
2. I am aware that the Vendor is submitting a bid or proposal to Lewis and Clark County ("County") for the
solicitation entitled .
Public agencies in Montana are required by Montana law to permit the public to examine documents that are
kept or maintained by the public agencies, other than those legitimately meeting the provisions of
Montana's Uniform Trade Secrets Act, Mont. Code Ann. 30-14-401, et seq., and that the County is
required to review claims of trade secret confidentiality.
3. I have read and am familiar with the provisions of Montana's Uniform Trade Secrets Act, am familiar with
the case law interpreting it, and understand that all information received in response to this solicitation will
be available for public examination except for trade secrets meeting the requirements of the Act;
4. I am aware that in order for the Vendor to claim trade secret confidential material, this affidavit must be
fully completed and submitted to the County, and the following conditions must be met by the Vendor:
a. information to be withheld under a claim of trade secret confidentiality must be clearly marked
and separated from the rest of the bid/proposal;
b. the bid/proposal may not contain trade secret matter in the cost or price; and
c. the Vendor's explanation of the validity of this trade secret claim is attached to this affidavit.
5. I and the Vendor accept that, should the County determine that the explanation is incomplete, inadequate or
invalid, the submitted materials will be treated as any other document in the agency's possession, insofar as
its examination as a public record is concerned. I and the Vendor are solely responsible for the adequacy
and sufficiency of the explanation. Once a bid/proposal is opened, its contents cannot be returned to the
Vendor if the Vendor disagrees with the County's determination of the issue of trade secret confidentiality.
6. I, on behalf of the Vendor, warrant that the Vendor will be solely responsible for all legal costs and fees
associated with any defense by the County of the Vendor's claim for trade secret protection in the event of
an open records request from another party which the Vendor chooses to oppose. The Vendor will either
totally assume all responsibility for the opposition of the request, and all liability and costs of any such
defense, thereby defending, protecting, indemnifying and saving harmless the County, or the Vendor will
immediately withdraw its opposition to the open records request and permit the County to release the
documents for examination. The County will inform the Vendor in writing of any open records request that
is made, and the Vendor will have three working days from receipt of the notice to notify the County in
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writing whether the Vendor opposes the request or not. Failure to provide that notice in writing will waive
the claim of trade secret confidentiality, and allow the County to treat the documents as a public record.
Documents that, in the opinion of the County, do not meet all the requirements of the above will be
available for public inspection, including any copyrighted materials.
Affiant's Signature
Signed and sworn to before me on (date) by
(Affiant's name).
Notary Public for the State of
My Commission Expires:
(notary seal)
Vendor's Point of Contact:
Name:
Address:
Phone:
Email:
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