2019/10/09 Council Agenda Packet

t) D. Proposals Not Marked as Confidential If a proposal or other material does not clearly identify the "CONFIDENTIAL" portions,the City will not notify the proposer that its proposal will be made available for inspection and copying, and the City may publicly disclose such non-clearly identified portion with no liability whatsoever to the proposer. E. Process for Disclosing Information If a request is made for disclosure of material or any portion marked "CONFIDENTIAL,"the City will determine whether the material should be made available under the law. If the City determines that the material is subject to disclosure,the City will seek to notify the Proposer of the request and allow the proposer ten (10) business days after such notification to take appropriate legal action in Snohomish County Superior Court at the proposer's sole expense and liability. If the proposer does not within such ten (10) business days serve the Office of the City Attorney with a copy of an order entered by the Superior Court that expressly prohibits the City from disclosure of the material marked "CONFIDENTIAL,"then the proposer will be deemed to have consented to the public disclosure of the material marked "Confidential"and the City may publicly disclose such material without any liability whatsoever to proposer. F. Indemnification by Proposer To the extent that the City withholds from disclosure all or any portion of proposer's material marked "CONFIDENTIAL",the proposer, by submitting an proposal in response to this RFP, agrees to indemnify, defend and hold harmless the City of Everett from all lawsuits, liabilities, losses, damages, penalties,attorneys'fees and costs the City incurs arising from or relating to such withholding from disclosure. G. Consent to Procedure Proposers, by submission of materials marked "CONFIDENTIAL", acknowledge and agree that the City will have no obligation to advocate for nondisclosure in any forum and has no liability whatsoever to any proposer for the disclosure of any material or record of any kind when that disclosure is in accordance with applicable law or in accordance with an order applying applicable law entered by the Snohomish County Superior Court or a Washington appellate court. By submitting a proposal,the proposer consents to the procedure in this Section as its sole remedy and waives and releases all claims against the City arising from the City's actions taken in accordance with this procedure. 1.15 RESPONSE PROPERTY OF THE CITY OF EVERETT All materials submitted in response to this request become the property of the City of Everett. Selection or rejection of a response does not affect this right. 36