Public Psychological Services 10/29/2019

2.11 INTELLECTUAL PROPERTY RIGHTS All psychological reports generated become the property of the City. Unless otherwise expressly agreed in writing, all intellectual property rights in works created pursuant to the award of this solicitation, or for the City of Everett, belong to the City of Everett. The Supplier retains any intellectual property rights in works created by the Supplier prior to engagement, or not for its performance of this Agreement. The Supplier expressly represents and warrants that the Work shall be original and shall not infringe on another's copyright, or rights in trade or service marks. If awarded, the Supplier agrees to defend and indemnify City from any and all claims and damages arising out of the award of this solicitation, Agreement or the Work created. 2.12 WORKS MADE FOR HIRE All Deliverables, in whole and in part, shall be deemed works made for hire of City of Everett for all purposes of copyright law, and copyright shall belong solely to the City of Everett. To the extent that any such Deliverable does not qualify as a work for hire under applicable law, and to the extent that the Deliverable includes materials subject to copyright, patent, trade secret, or other proprietary right protection, Awarded Supplier agrees to assign, and hereby assigns, all right, title and interest in and to Deliverables, including without limitation all copyrights, inventions, patents, trade secrets, and other proprietary rights therein (including renewals thereof) to the City of Everett. 2.13 PAYMENT Within 30 days after delivery, acceptance of items ordered and a properly prepared invoice but not more often than once per month the City of Everett will pay the Supplier according to the rate(s) stated on the price sheet. No down payment or advance payment of any kind will be made. Washington State law requires proof that the materials have been furnished, the services rendered or the labor performed as described before payment may be made. All invoices must list the PO number and are to be submitted to the following address: City of Everett - Accounts Payable PO Box 12130 Everett, WA 98206 accountspayable(a everettwa.gov SECTION 3 — PROPOSAL EVALUATION PROCESS 3.01 GENERAL All proposals will be reviewed to determine compliance with the requirements as specified in the RFP. Proposals will be evaluated on how well the proposal meets the needs of the City, as described in the supplier's response to each requirement and the evaluation criteria identified in this RFP. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the proposal. 3.02 SELECTION PROCESS The City will select the proposal that, in its sole discretion, is the most advantageous to the City. The City reserves the right to make an award without further discussion of the proposal submitted; there may be no best and final offer procedure. Therefore, the 9