Laserfiche WebLink
<br />Page 5 of 31 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible 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 RFP might not be subject <br />to public disclosure under chapter 42.56 RCW if the proposer specifically states in writing the <br />reasons why protection from disclosure is necessary, and identifies the data or materials to be <br />protected. Proposers must specifically designate and clearly label as “CONFIDENTIAL” any and all <br />such materials or portions thereof that they deem to contain trade secrets or other proprietary <br />information. Proposers should carefully consider what is truly confidential and should not mark <br />an entire proposal as confidential. The proposer must provide the legal basis for the exemption <br />to the City upon request. Proposers are advised that this exemption is subject to judicial review <br />and the proposer’s designation of confidential may or may not be upheld by a 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 <br />not notify the proposer that its proposal will be made available for inspection and copying, and <br />the City may publicly disclose such non-clearly identified portion with no liability whatsoever to <br />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 <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 Proposer of <br />the request and allow the proposer ten (10) business days after such notification to take <br />appropriate legal action in Snohomish County Superior Court at the proposer’s sole expense and <br />liability. If the proposer 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 proposer 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 to proposer. <br />F. Indemnification by Proposer <br />To the extent that the City withholds from disclosure all or any portion of proposer’s material <br />marked “CONFIDENTIAL”, the proposer, by submitting an proposal in response to this RFP, agrees <br />to 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 />Proposers, 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 proposer 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 proposal, the proposer 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.