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9 <br />Everett in any literature, promotional material, brochures, sales presentation or the like without the <br />express written consent of the City of Everett. <br />2.5 PUBLIC DISCLOSURE <br />1. Property of the City of Everett <br />All materials (including, for example, proposals and statements of qualification) submitted in <br />response to this RFQ shall become the property of the City of Everett. Selection or rejection of a <br />proposal does not affect this. In this section, the term “proposal” is generic and refers to <br />proposals, statements of qualification, letters of interest and any other material submitted in <br />response to this RFQ. <br />2. Proposals are Public Records <br />Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies, all materials <br />(including, for example, proposals) submitted under this RFQ shall be considered public records <br />and with limited exceptions will be available for inspection and copying by the public. Except to <br />the extent protected by state and or federal laws, proposals shall be considered public <br />documents and available for review and copying by the public. <br />3. Public Records Exemption <br />Trade secrets (as defined in RCW 19.108.010) or other proprietary information submitted by a <br />Proposer in connection with this RFP might not be subject to public disclosure under chapter <br />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 shall <br />specifically designate and clearly label as “CONFIDENTIAL” any and all such materials or portions <br />thereof that they deem to contain trade secrets or other proprietary information. Proposers <br />should carefully consider what is truly confidential and should not mark an entire proposal as <br />confidential. The proposer shall provide the legal basis for the exemption to the City upon <br />request. Proposers are advised that this exemption is subject to judicial review and the <br />proposer’s designation of confidential may or may not be upheld by a Court. <br />4. Proposals Not Marked as Confidential <br />If a proposal or other material does not clearly identify the “CONFIDENTIAL” portions, the City <br />will not notify the proposer that its proposal will be made available for inspection and copying, <br />and the City may publicly disclose such non-clearly identified portion with no liability <br />whatsoever to the proposer. <br />5. 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