2019/08/14 Council Agenda Packet

DRAFT 1.13 NON-ENDORSEMENT As a result of the selection of a Supplier to provide products and/or services to the City of Everett,the City of Everett is neither endorsing nor suggesting that the supplier's product is the best or only solution.The supplier agrees to make no reference to the City of Everett in any literature, promotional material, brochures,sales presentation or the like without the express written consent of the City of Everett. 1.14 PROPRIETARY MATERIAL SUBMITTED/PUBLIC DISCLOSURE A. Property of the City of Everett All materials submitted in response to this RFP must become the property of the City of Everett. Selection or rejection of a proposal does not affect this. In this section,the term "proposal" is generic and refers to proposals, statements of qualification, letters of interest and any other material submitted in response to this RFP. B. Proposals are Public Records Pursuant to Chapter 42.56 RCW and other statutes regarding public agencies,all materials(including,for example, proposals) submitted under this RFP must be considered public records and except to the extent protected by state and or federal laws will be available for inspection and copying by the public following contract award. Records will not be released by the City of Everett prior to contract award in order to protect the integrity of the procurement process,unless otherwise required by law. C. Public Records Exemption/ Notice of RCW 39.10.470 In accordance with RCW 39.10.470,trade secrets(as defined in RCW 19.108.010)or other proprietary information submitted by a Proposer in connection with this RFP might 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 must 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. Proposers should carefully consider what is truly confidential and should not mark an entire proposal as confidential. The proposer must 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 proposer's designation of confidential may or may not be upheld by a Court. D. Proposals Not Marked as Confidential If a proposal or other material 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. 6 13