F. Contracts, proposals and bids.

Contracts are public.  Competitive proposals, while decided on a case-by-case basis, are arguably exempt under Section 6255’s public interest balancing test during the negotiation process but must be made public prior to final acceptance by the public agency to afford public input in the selection process. Michaelis, Montanari & Johnson v. Superior Court, 38 Cal.4th 1065, 1073, 44 Cal. Rptr. 3d 663, 136 P.3d 194 (2006).

Financial records submitted to an agency and used as a basis for its determination to increase rates on an exclusive public contract are public. See, e.g., San Gabriel Valley Tribune v. Superior Court, 143 Cal. App. 3d 762, 192 Cal. Rptr. 415 (1983)(rejecting trade secret exemption over financial data submitted to city and considered in open meeting regarding rate increase for waste disposal services); but see STI Outdoor v. Superior Court, 91 Cal. App. 4th 334, 341, 109 Cal. Rptr. 2d 865 (2001)(holding that disclosure to successful bidder of legal memorandum and transmittal letter where disclosure was reasonably necessary to further interests of both parties in finalizing negotiations did not waive attorney-client privilege).