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2 <br />N. Incorporation of RFP and Proposal in Agreement <br />The RFP, including all attachments and addenda, and all promises, warranties, commitments and <br />representations in the successful proposal shall be binding and shall become obligations of an agreement <br />between the successful proposer and the City. <br />O. Timely Execution of Agreement Required <br />The successful firm must execute a Professional Services Agreement (PSA) with the City for the provision <br />of scope ofwe_ rk subject to and incorporating the material terms of this RFP and successful n�nnsal <br />within fifteen (15) business days after receipt of the final form of the agreement. Failure to execute an <br />agreement within the allotted time releases the City from any obligation and allows the City to select the <br />next most advantageous proposal or call for new proposals without penalty. <br />P. Legal Disputes <br />In submitting a proposal, the proposer agrees that in the event of litigation concerning or arising out of the <br />above -referenced agreement or this RFP, proposals in response to this RFP or related process, the sole <br />venue of any legal action shall be Snohomish County Superior Court, and the laws governing the <br />interpretation of the agreement, this RFP or related process shall be Washington Law. <br />Q. Indemnification <br />In submitting a proposal, the proposer agrees to indemnify and hold the City hannless of all liability, risks, <br />costs, claims, actions, suits, demands, losses expenses, injuries and damages of any kind arising directly or <br />indirectly out of, or in connection with, the City's handling of the RFP process, including, but not limited <br />to, the rejection of any or all proposals. <br />R. City -Requesting Clarifications <br />The City reserves the right to request clarification of information submitted and to request additional <br />information from any proposer. <br />S. Addenda <br />Firms responding to this RFP are responsible for obtaining all addenda issued prior to submitting a <br />proposal. <br />T. Proposal Opening <br />All proposals must be submitted to the City Clerk, 1St Floor, 2930 Wetmore Avenue, Everett, Washington <br />98201, no later than 2:00 p.m., Tuesday, October 13, 2015, and must be clearly marked: <br />