HomeMy WebLinkAboutExhibit 4Lxxu of tanri
GLENN MARCOS i()FE ARR11O1..A
chiorProcurcrrment Officer City Manngcr
ADDENDUM, ...... ......_.... -
NO. 3
VIA: Electronic Notification
RFP # 05-06-020 April 17, 2006
RAPID RESPONSE WATERCRAFT
Please refer to the attachment for the Questions from prospective Proposers and the City's Answers to
those Questions.
This Addendum has been issued to extend the REP Due Date to 1:00 PM, Wednesday, April 26,
2006 and answer the question submitted prior to the deadline for questions.
AT THIS TIME, ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME.
SINCERELY,
GLENN MARCOS, CPPO, CPPB, DIRECTOR
CHIEF PROCUREMENT OFFICER
THIS ADDENDUM IS TO BE SIGNED AND DATED BY PROPOSERS AND SHOULD BE
SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF RESPONSES.
SIGNATURE: /C NAME OF FIRM: /LA-77k ete4f riot. (ACC.
DATE: J C .- (lob
4/17/2006
Iddandww it 2: CO of A4iami
RI/ it 05-06-020
ADDENDUM # 3
RAPID RESPONSE WATERCRAFT
RFP #05-06-020
Please be advised the following questions were received pursuant to the RFP.
QI Regarding Section 111; 5.1-7, Trade Secrets, we consider anything. to which we hold.copyrights
as being proprietary and protected by the Copyright laws and treaties between our countries. Copyright
laws provide us the ability to issue proprietary information to the users of that information only and
restrict its re -issuance or copying without prior consent of the copyright holder, As the drawings,
itemized pricing, technical solution, references are all proprietary, if they are taken out of the sequence
of the bid package, it will make evaluation quite difficult for the evaluators. Also we would require
separate CD-ROMs.
My suggestion is that we submit our entire bid marked Confidential, and that, should it ever be
requested under a Freedom of Information request, that we challenge the limit of the request at that
time based on our copyrighted content. We would identify our entire submission as per Chapter 1.19.
Al: The City of Miami, City Attorney's Office has rendered a legal opinion that .Bids,
such as the one in this platter, are considered public information and susceptible to Florida's
Sunshine Law. Bids are only exempted until 10 days from when they are open or until such time as
the agency makes known its intended decision regarding the award, 1119.071(1) (b), Fla. Stat.
However, bids may contain materials which are copyrighted or trade secrets In such instances, the
specific materials which are copyrighted or trade secrets are exempt from public disclosure laws. It
is important to note that such exemptions only extend to the trade marked or copyrighted materials,
not the entire proposal or bid. Trade secrets are defined in ,¢' 812.081, Fla. Stat. A financial
statement required by an agency to qualify for a bid may also be exempted from disclosure..
119.071(1) (c ), Fla. Stat. By law, exemptions are to be narrowly construed so they are limited to
their stated purpose. Krischer v. D'A,nato, 674 So. 2d 909, 911(Fla. 4th DCA 1996). It is important
to note that the general purpose of Chapter 119, Florida Statutes, "is to open public records to allow
Florida's citizens to discover the actions of their government." Christy v. Palm Beach County
Sheriff's Office, 698 So. 2d .I365, 1366 (Fla. 4th DCA 1997). Accordingly, the Public Records Act is
to be liberally construed in favor of open government, and exemptions from disclosures should be
narrowly tailored to their speck putrose. Krischer, 674 So. 2d at 9.11.
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Addendum #2: City of Miami RFP i! 05-A6-020
Moreover, the burden of real jying materials for such exemptions falls on the claimant, not the
state agency. Hence, in the absence of statutory authorization, a public official is not empowered to
obtain a copyright for material produced by his or her office in connection with the transaction of
official business. Microdecisions, Iric. v Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004). This is for
illustrative purposes only since this possible copyright exemption is claimed by a proposer, and not a
city agency. Once granted, the exemption only extends to the materials which qualified as trade
secret .or. copyrighted ,, Therefore, tzrgterrnls,alleged to be exempt within bids,must 6e acknowledged
with specif city and particularity by the claimant. In the absence of an express statutory exemption,
a custodian must produce the records requested regardless of the number of documents involved or
possible inconvenience. See, Lord v. Smith, 464 So. 2d 1330, 1332 (Fla. 2d DCA 1985). If you
have further legal questions relative to this matter please do not hesitate to contact this office.
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