2021/09/29 Council Agenda Packet

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 supplier of the request and allow the supplier ten (10) business days after such notification to take appropriate legal action in Snohomish County Superior Court at the supplier's sole expense and liability. If the supplier 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 supplier 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. F. Indemnification by Supplier To the extent that the City withholds from disclosure all or any portion of Supplier's material marked "CONFIDENTIAL", the supplier, by submitting a bid in response to this IFB, 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 Suppliers, 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 supplier 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 response, the supplier 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. 1.16 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. 1.17 NO OBLIGATION TO BUY The City of Everett reserves the right to refrain from contracting with any supplier. The release of this Invitation for Bid does not compel the City of Everett to purchase. The City of Everett reserves the right to reject any and all Bids. 1.18 COST OF PREPARING BIDS The City of Everett is not liable for any costs incurred by suppliers in the preparation and presentation of proposals and demonstrations submitted in response to this Invitation for Bid. 1.19 RECYCLE The City of Everett is committed to the environment and encourages suppliers to recycle material to the extent practicable. Page 7 of 27