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<br />Page 6 of 27 <br /> <br />B. Proposals are Public Records <br />Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies, all materials (including, for <br />example, proposals) submitted under this RFP must be considered public records and except to the extent <br />protected by state and or federal laws will be available for inspection and copying by the public following <br />contract award. Records will not be released by the City of Everett prior to contract award in order to <br />protect the integrity of the procurement process, 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 proprietary <br />information submitted by a Proposer in connection with this RFP might not be subject to public disclosure <br />under chapter 42.56 RCW if the proposer specifically states in writing the reasons why protection from <br />disclosure is necessary, and identifies the data or materials to be protected. Proposers must specifically <br />designate and clearly label as “CONFIDENTIAL” any and all such materials or portions thereof that they <br />deem to contain trade secrets or other proprietary information. Proposers should carefully consider what <br />is truly confidential and should not mark an entire proposal as confidential. The proposer must provide <br />the legal basis for the exemption to the City upon request. Proposers are advised that this exemption is <br />subject to judicial review and the proposer’s designation of confidential may or may not be upheld by a <br />Court. <br />D. Proposals Not Marked as Confidential <br />If a proposal or other material does not clearly identify the “CONFIDENTIAL” portions, the City will not <br />notify the proposer that its proposal will be made available for inspection and copying, and the City may <br />publicly disclose such non-clearly identified portion with no liability whatsoever to the proposer. <br />E. Process for Disclosing Information <br />If a request is made for disclosure of material or any portion marked “CONFIDENTIAL,” the City will <br />determine whether the material should be made available under the law. If the City determines that the <br />material is subject to disclosure, the City will seek to notify the Proposer of the request and allow the <br />proposer ten (10) business days after such notification to take appropriate legal action in Snohomish <br />County Superior Court at the proposer’s sole expense and liability. If the proposer does not within such <br />ten (10) business days serve the Office of the City Attorney with a copy of an order entered by the <br />Superior Court that expressly prohibits the City from disclosure of the material marked “CONFIDENTIAL,” <br />then the proposer will be deemed to have consented to the public disclosure of the material marked <br />“Confidential” and the City may publicly disclose such material without any liability whatsoever to <br />proposer. <br />F. Indemnification by Proposer <br />To the extent that the City withholds from disclosure all or any portion of proposer’s material marked <br />“CONFIDENTIAL”, the proposer, by submitting a proposal in response to this RFP, agrees to indemnify, <br />defend and hold harmless the City of Everett from all lawsuits, liabilities, losses, damages, penalties, <br />attorneys’ fees and costs the City incurs arising from or relating to such withholding from disclosure. <br />G. Consent to Procedure <br />Proposers, by submission of materials marked “CONFIDENTIAL”, acknowledge and agree that the City will <br />have no obligation to advocate for nondisclosure in any forum and has no liability whatsoever to any <br />proposer for the disclosure of any material or record of any kind when that disclosure is in accordance