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G. Consent to Procedure <br /> Proposers, by submission of materials marked "CONFIDENTIAL", acknowledge and <br /> agree that the City will have no obligation to advocate for nondisclosure in any forum and <br /> has no liability whatsoever to any proposer for the disclosure of any material or record of <br /> any kind when that disclosure is in accordance with applicable law or in accordance with <br /> an order applying applicable law entered by the Snohomish County Superior Court or a <br /> Washington appellate court. By submitting a proposal, the proposer consents to the <br /> procedure in this Section as its sole remedy and waives and releases all claims against <br /> the City arising from the City's actions taken in accordance with this procedure. <br /> 1.14 RESPONSE PROPERTY OF THE CITY OF EVERETT <br /> All materials submitted in response to this request become the property of the City of <br /> Everett. Selection or rejection of a response does not affect this right. <br /> 1.15 NO OBLIGATION TO BUY <br /> The City of Everett reserves the right to refrain from contracting with any supplier. The <br /> release of this Request for Proposal does not compel the City of Everett to purchase. <br /> 1.16 COST OF PREPARING PROPOSALS <br /> The City of Everett is not liable for any costs incurred by suppliers in the preparation and <br /> presentation of proposals and demonstrations submitted in response to this Request for <br /> Proposal. <br /> 1.17 COOPERATIVE PURCHASING <br /> RCW 39.34 allows cooperative purchasing between public agencies also called political <br /> subdivisions. Public agencies which have filed an Intergovernmental Cooperative <br /> Purchasing Agreement with the City of Everett and which are actively participating may <br /> purchase from City of Everett contracts, provided that the Supplier has agreed to such <br /> participation. Each Supplier shall indicate on the quote submittal form if he will honor <br /> other public agency orders in accordance with contract terms and conditions in addition <br /> to orders from the City of Everett. The City of Everett does not accept any responsibility <br /> for purchase orders issued by other public agencies. <br /> Public agencies desiring to use Everett's contracts must have executed an <br /> Intergovernmental Cooperative Purchasing Agreement with the City of Everett, as <br /> required by RCW 39.34. Only those public agencies who have complied with these <br /> requirements are eligible to use this contract. The public agency accepts responsibility for <br /> compliance with any additional or varying laws and regulations governing purchase by or <br /> on behalf of the public agency in question. A purchase by a public agency shall be <br /> effected by a purchase order from the public agency, directed to the Supplier or other <br /> party contracting to furnish goods or services to the City of Everett. <br /> The City of Everett accepts no responsibility for the performance of any purchasing <br /> contract by the Supplier, and the City of Everett accepts no responsibility for payment of <br /> the purchase price for any public agency. <br /> 6 <br />