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<br />Page 8 of 47 <br />E. Process for Disclosing Information <br />If a request is made for disclosure of material or any portion marked “CONFIDENTIAL,” the City <br />will determine whether the material should be made available under the law. If the City <br />determines that the material is subject to disclosure, the City will seek to notify the contractor of <br />the request and allow the contractor ten (10) business days after such notification to take <br />appropriate legal action in Snohomish County Superior Court at the contractor’s sole expense and <br />liability. If the contractor does not within such ten (10) business days serve the Office of the City <br />Attorney with a copy of an order entered by the Superior Court that expressly prohibits the City <br />from disclosure of the material marked “CONFIDENTIAL,” then the contractor will be deemed to <br />have consented to the public disclosure of the material marked “Confidential” and the City may <br />publicly disclose such material without any liability whatsoever. <br />F. Indemnification by Contractor <br />To the extent that the City withholds from disclosure all or any portion of Contractor’s material <br />marked “CONFIDENTIAL”, the contractor, by submitting a bid in response to this IFB, agrees to <br />indemnify, defend and hold harmless the City of Everett from all lawsuits, liabilities, losses, <br />damages, penalties, attorneys’ fees and costs the City incurs arising from or relating to such <br />withholding from disclosure. <br />G. Consent to Procedure <br />Contractor, by submission of materials marked “CONFIDENTIAL”, acknowledge and agree that the <br />City will have no obligation to advocate for nondisclosure in any forum and has no liability <br />whatsoever to any contractor for the disclosure of any material or record of any kind when that <br />disclosure is in accordance with applicable law or in accordance with an order applying applicable <br />law entered by the Snohomish County Superior Court or a Washington appellate court. By <br />submitting a response, the contractor consents to the procedure in this Section as its sole remedy <br />and waives and releases all claims against the City arising from the City’s actions taken in <br />accordance with this procedure. <br />1.16 RESPONSE PROPERTY OF THE CITY OF EVERETT <br />All materials submitted in response to this request become the property of the City of Everett. Selection <br />or rejection of a response does not affect this right. <br />1.17 NO OBLIGATION TO BUY <br />The City of Everett reserves the right to refrain from contracting with any contractor. The release of this <br />Invitation for Bid does not compel the City of Everett to purchase. The City of Everett reserves the right to <br />reject any and all Bids. <br />1.18 COST OF PREPARING BIDS <br />The City of Everett is not liable for any costs incurred by contractors in the preparation and presentation <br />of proposals and demonstrations submitted in response to this Invitation for Bid. <br />1.19 RECYCLE <br />The City of Everett is committed to the environment and encourages contractors to recycle material to <br />the extent practicable.