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The City reserves the right to require strict compliance with all requirements of Chapter 3.46 <br /> EMC. <br /> 1.13 NON-ENDORSEMENT <br /> As a result of the selection of a Supplier to provide products and/or services to the City of <br /> Everett,the City of Everett is neither endorsing nor suggesting that the supplier's product is the <br /> best or only solution.The supplier agrees to make no reference to the City of Everett in any <br /> literature, promotional material, brochures,sales presentation or the like without the express <br /> written consent of the City of Everett. <br /> 1.14 PROPRIETARY MATERIAL SUBMITTED/PUBLIC DISCLOSURE <br /> A. Property of the City of Everett <br /> All materials submitted in response to this RFP must become the property of the City of Everett. <br /> Selection or rejection of a proposal does not affect this. In this section,the term "proposal" is <br /> generic and refers to proposals,statements of qualification, letters of interest and any other <br /> material submitted in response to this RFP. <br /> B. Proposals are Public Records <br /> Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies,all materials <br /> (including,for example, proposals) submitted under this RFP must be considered public records <br /> and except to the extent protected by state and or federal laws will be available for inspection <br /> and copying by the public following contract award. Records will not be released by the City of <br /> Everett prior to contract award in order to protect the integrity of the procurement process, <br /> unless otherwise required by law. <br /> C. Public Records Exemption/ Notice of RCW 39.10.470 <br /> In accordance with RCW 39.10.470,trade secrets(as defined in RCW 19.108.010)or other <br /> proprietary information submitted by a Proposer in connection with this RFP might not be <br /> subject to public disclosure under chapter 42.56 RCW if the proposer specifically states in <br /> writing the reasons why protection from disclosure is necessary and identifies the data or <br /> materials to be protected. Proposers must specifically designate and clearly label as <br /> "CONFIDENTIAL" any and all such materials or portions thereof that they deem to contain trade <br /> secrets or other proprietary information. Proposers should carefully consider what is truly <br /> confidential and should not mark an entire proposal as confidential. The proposer must provide <br /> the legal basis for the exemption to the City upon request. Proposers are advised that this <br /> exemption is subject to judicial review and the proposer's designation of confidential may or <br /> may not be upheld by a Court. <br /> 35 <br />