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1.13 PROPRIETARY MATERIAL SUBMITTED/PUBLIC DISCLOSURE <br /> A. Property of the City of Everett <br /> All materials submitted in response to this RFP must become the property of the City of Everett.Selection <br /> or rejection of a 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 response to <br /> this RFP. <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 /> publically 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 /> 6 <br />