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for example, all RFP Proposals and RFFP Final Proposals)submitted under <br /> this RFP or the RFFP shall be considered public records and with limited <br /> exceptions will be available for inspection and copying by the public. <br /> 9.7.2. Trade Secrets/Confidentiality. <br /> 9.7.2.1. In accordance with RCW 39.10.470 (2), trade secrets (as <br /> defined in RCW 19.108.010) or other proprietary information <br /> submitted in connection with this RFP or with the RFFP might <br /> not be subject to public disclosure under chapter 42.56 RCW <br /> (the Public Records Act) if the GC/CM firm specifically states in <br /> writing the reasons why protection from disclosure is necessary, <br /> and identifies the data or materials to be protected. Each <br /> GC/CM firm shall specifically designate and clearly label as <br /> "CONFIDENTIAL"any and all such materials or portions thereof <br /> that it deems to contain trade secrets or other proprietary <br /> information or anything else that it believes is exempt from <br /> disclosure under the Public Record Act. If multiple pages are <br /> claimed as"CONFIDENTIAL,"then each page must be marked <br /> "CONFIDENTIAL." For all claims of "CONFIDENTIAL," the <br /> GC/CM firm shall provide the legal basis for the claimed <br /> exemption to the City upon request. GC/CM firms are advised <br /> that this exemption is subject to judicial review, and the GC/CM <br /> firm's designation of "CONFIDENTIAL" may or may not be <br /> upheld by a Court. <br /> 9.7.2.2. If a Proposal or other material does not clearly identify the <br /> "CONFIDENTIAL" portions, the Owner has no obligation to <br /> notify the GC/CM firm that its RFP Proposal or RFFP Final <br /> Proposal or other material will be made available for inspection <br /> and copying, and the Owner may publicly disclose such non- <br /> clearly identified portion with no liability whatsoever to the <br /> GC/CM firm. For example,this means that any and all pages of <br /> an RFP Proposal or an RFFP Final Proposal not marked as <br /> "CONFIDENTIAL" may be disclosed without notice. <br /> 9.7.2.3. If a request is made for disclosure of material or any portion <br /> thereof marked "CONFIDENTIAL," the Owner will determine <br /> whether the material should be made available under the law. If <br /> the Owner determines that the material is subject to disclosure, <br /> the Owner will seek to notify the GC/CM firm of the request and <br /> allow the GC/CM firm ten (10) business days after such <br /> notification to take appropriate legal action in Snohomish County <br /> Superior Court at the GC/CM firm's sole expense and liability. If <br /> the GC/CM firm does not, within such ten (10) business days, <br /> serve the Office of the City Attorney for the City of Everett with <br /> a copy of an order entered by the Superior Court that expressly <br /> prohibits the Owner from disclosure of the material marked <br /> "CONFIDENTIAL,"then the GC/CM firm will be deemed to have <br /> consented to the public disclosure of the material marked <br /> "CONFIDENTIAL" and the Owner may publicly disclose such <br /> material without any liability whatsoever to GC/CM firm. <br /> 9.7.2.4. To the extent that the Owner withholds from disclosure all or any <br /> portion of Proposal or material marked "CONFIDENTIAL," the <br /> City of Everett <br /> Everett Municipal Building <br /> Public Works Tenant Improvements 22 <br /> RFP for GC/CM Services <br />