2012/04/04 Council Agenda Packet

';47- REQUEST FOR PROPOSALS General Contractor/Construction Manager Services for e Water Pollution Control Facility Expansion-Phase C 13.0. PUBLIC DISCLOSURE A. Property of the city_of Everett: Proposals submitted in response to this RFP shall become the property of the City of Everett. B. Proposals are Public Records: Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies, Proposals submitted under this RFP shall be considered public records and with limited exceptions will be available for inspection and copying by the public. Except to the extent protected by state and or federal laws, proposals shall be considered public documents and available for review and copying by the public. C. Public Records Exemption: In accordance with RCW 39.10.470 (2), trade secrets (as defined in RCW 19.108.010) or other proprietary information submitted by a Proposer in connection with this RFP, may not be subject to public disclosure under chapter 42.56 RCW if the Proposer specifically states in writing the reasons why protection from disclosure is necessary, and identifies the data or materials to be protected. Proposers shall specifically designate and clearly label as "CONFIDENTIAL" any and all such materials or portions thereof that they deem to contain trade secrets or other proprietary information. The Proposer shall provide the legal basis for the exemption to the City upon request. Proposers are advised that this exemption is subject to judicial review and the Proposers designation of confidential may or may not be upheld by a Court. D. Proposals Not Marked as Confidential: If a Proposal does not clearly identify the "CONFIDENTIAL" portions, the City will not notify the Proposer that its proposal will be made available for inspection and copying, and the City may publically disclose such non-clearly identified portion with no liability whatsoever to the Proposer. 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 Proposer of the request and allow the Proposer ten (10) business days after such notification to take appropriate legal action in Snohomish County Superior Court at the Proposer's sole expense and liability. If the Proposer 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 City of Everett Page 33 April 16, 2012 Water Pollution Control Facility Expansion-Phase 03 6