Request for Proposal
OPEB Master Trust, Private Markets Investments Search - 2022
8
VI. Notice to Respondents Regarding the Public Records Act and Ralph M. Brown
Act
The information submitted in response to this RFP will be subject to public disclosure
pursuant to the California Public Records Act (California Government Code Section 6250, et.
seq., the “Act”). The Act provides generally that all records relating to a public agency's
business are open to public inspection and copying unless specifically exempted under one of
several exemptions set forth in the Act. If a respondent believes that any portion of its
proposal is exempt from public disclosure or discussion under the Act, the respondent must
provide a full explanation and mark such portion “TRADE SECRETS,” “CONFIDENTIAL”
or “PROPRIETARY,” and make it readily separable from the balance of the response.
Proposals marked “TRADE SECRETS,” “CONFIDENTIAL” or “PROPRIETARY” in their
entirety will not be honored, and LACERA will not deny public disclosure of all or any
portion of proposals so marked.
By submitting a proposal with material marked “TRADE SECRETS,” “CONFIDENTIAL”
or “PROPRIETARY,” a respondent represents it has a good faith belief that the material is
exempt from disclosure under the Act; however, such designations will not necessarily be
conclusive, and a respondent may be required to justify in writing why such material should
not be disclosed by LACERA under the Act. Fee and pricing proposals are not considered
“TRADE SECRET,” “CONFIDENTIAL” or “PROPRIETARY”.
If LACERA receives a request pursuant to the Act for materials that a respondent has marked
“TRADE SECRET,” “CONFIDENTIAL” or “PROPRIETARY,” and if LACERA agrees
that the material requested is not subject to disclosure under the Act, LACERA will either
notify the respondent so that it can seek a protective order at its own cost and expense, or
LACERA will deny disclosure of those materials. LACERA will not be held liable, however,
for inadvertent disclosure of such materials, data, and information or for disclosure of such
materials if deemed appropriate in LACERA’s sole discretion. LACERA retains the right to
disclose all information provided by a respondent.
If LACERA denies public disclosure of any materials designated as “TRADE SECRETS,”
“CONFIDENTIAL” or “PROPRIETARY”, the respondent agrees to reimburse LACERA
for, and to indemnify, defend and hold harmless LACERA, its Boards, officers, fiduciaries,
employees and agents from and against:
1. All claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs, and
expenses, including without limitation attorneys’ fees, expenses, and court costs of any
nature whatsoever (collectively, Claims) arising from or relating to LACERA’s non-
disclosure of any such designated portions of a proposal; and
2. All Claims arising from or relating to LACERA’s public disclosure of any such
designated portions of a proposal if LACERA determines disclosure is deemed required by
law, or if disclosure is ordered by a court of competent jurisdiction.