2026/04/08 Council Agenda Packet

Page 13 of 24 • Cross-departmental collaboration to ensure that the tree policy and landscaping ordinances are practical, enforceable, and integrated into Everett’s broader planning framework. 2.12 CONFIDENTIALITY The Supplier will not disclose to any person other than the City any records, information, or data provided by the City to the Supplier pursuant to this Agreement without the City Project Manager’s prior written consent to such disclosure. 2.13 INTELLECTUAL PROPERTY RIGHTS Reports, drawings, plans, specifications, and any other intangible property created in furtherance of the Work are the property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose. To the extent the Work includes material subject to copyright, the Service Provider agrees that the Work is done as a “Work for Hire” as that term is defined under U.S. copyright law and that, as a result, the City shall own all copyrights in the Work. To the extent that the Work includes material subject to proprietary right protection but does not qualify as a “Work For Hire” under applicable law, the Service Provider hereby assigns to the City all rights, title, and interest in and to the Work, including all copyrights, patents, trade secrets, and other proprietary rights therein (including renewals thereof). To the maximum extent permitted by law, the Service Provider waives all moral rights in the Work. Notwithstanding the foregoing, the Service Provider retains any intellectual property rights in documents and intangible property created by the Service Provider prior to engagement or not created by the Service Provider for its performance of this Agreement. 2.14 CONTRACT CHANGES The City reserves the right to add or delete similar items, such as follow-on reports or report updates, to this contract as necessary. In the event of a change, the City of Everett will provide the supplier with thirty (30) days' written notice of such change. The City of Everett reserves the right to make changes, additions to, or deductions from the scope of work, if they conform to the general scope. The Supplier shall not affect any change without the prior written approval of the City of Everett. 2.15 PRICING ADJUSTMENTS Prices shall remain firm for the duration of the initial Contract period. Reasonable price changes based on market conditions and price or cost analysis may be requested on an annual basis after the initial Contract period. The Supplier shall supply documentation satisfactory to the City of Everett, such as documented changes to the Consumer Price Index for the Seattle-Tacoma-Bremerton area, or a manufacturer’s published modification of price change(s). The City of Everett will evaluate this information to determine if revising the price is fair and reasonable to the city's satisfaction. Requests for any such change must be made in writing to the Procurement Division. The city will issue a written contract amendment to implement the price adjustment, set the new prices, and establish the effective date.