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<br />Page 7 of 47 <br />1.13 BID PROTEST PROCEDURES <br />Chapter 3.46 of the Everett Municipal Code (EMC) governs all protests. Protest Procedures are available <br />for review in the Everett Municipal Code 3.46 which can be found at: <br />http://www.codepublishing.com/WA/Everett. <br />The City reserves the right to require strict compliance with all requirements of Chapter 3.46 EMC. <br />1.14 NON-ENDORSEMENT <br />As a result of the selection of a Contractor to provide the commodities described in Section 2 to the City <br />of Everett, the City of Everett is neither endorsing nor suggesting that the contractor’s product is the best <br />or only solution. The contractor agrees to make no reference to the City of Everett in any literature, <br />promotional material, brochures, sales presentation or the like without the express written consent of the <br />City of Everett. <br />1.15 PROPRIETARY MATERIAL SUBMITTED-PUBLIC DISCLOSURE <br />A. Property of the City of Everett <br />All materials submitted in response to this IFB must become the property of the City of Everett. <br />Selection or rejection of a bid does not affect this. <br />B. Quotations are Public Records <br />Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies, all materials <br />(including, for example, bids) submitted under this IFB must be considered public records and <br />except to the extent protected by state and or federal laws will be available for inspection and <br />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 IFB might not be subject <br />to public disclosure under chapter 42.56 RCW if the contractor specifically states in writing the <br />reasons why protection from disclosure is necessary, and identifies the data or materials to be <br />protected. Contractors must specifically designate and clearly label as “CONFIDENTIAL” any and <br />all such materials or portions thereof that they deem to contain trade secrets or other proprietary <br />information. Contractors should carefully consider what is truly confidential and should not mark <br />an entire bid as confidential. The contractor must provide the legal basis for the exemption to the <br />City upon request. Contractors are advised that this exemption is subject to judicial review and <br />the contractor’s designation of confidential may or may not be upheld by a Court. <br />D. Proposals Not Marked as Confidential <br />If a bid or other material does not clearly identify the “CONFIDENTIAL” portions, the City will not <br />notify the contractor that its bid will be made available for inspection and copying, and the City <br />may publicly disclose such non-clearly identified portion with no liability whatsoever to the <br />contractor.