Attachment_IP.pdf
PDF 192 KB Posted
- Solicitation number
- 66000-2526-238
- Issued by
- San Mateo County, San Francisco City, California
About this file
This is an Intellectual Property Rights attachment issued by the County of San Mateo Contract Compliance Committee, effective July 1, 2013, establishing ownership and control provisions for work products created under the related Fixed and Removable Prosthesis for Dental Patients procurement. The County of San Mateo, on behalf of San Mateo Medical Center, retains exclusive ownership of all work products, materials, publications, reports, computer programs, software, databases, designs, and intellectual property created by the contractor and its subcontractors under the agreement. Proposals for dental prosthesis services, including fabrication and repair of dentures and partial dentures, are due March 6, 2026, at 1:00 p.m. via the eProcurement portal, with a question deadline of February 23, 2026, at 1:00 p.m. No pre-proposal conference or site visit is scheduled. The contract term is one year with no renewal options mentioned. Evaluation criteria weight project approach at 27.3 percent, firm qualifications at 22.7 percent, team qualifications at 18.2 percent, and price at 22.7 percent.
Contractor compensation is structured as a per-case fee with monthly invoice submission; no specific budget amount is disclosed in procurement documents. Minimum qualifications include five years of similar service experience, California business authorization, SAM registration, and specified insurance coverage including general liability, workers' compensation, professional liability, and cyber liability. The County offers up to 10 percent preferential points to local businesses and nonprofit organizations under San Mateo County Ordinance Code Chapter 2.89. Contractors must comply with Section 504 of the Rehabilitation Act, HIPAA privacy and security standards, living wage obligations of $17.00 per hour with annual CPI-U adjustments capped at 3.5 percent, fingerprinting certification requirements, and a Corporate Compliance Code of Conduct prohibiting kickbacks. All work products, including intellectual property, are assigned to and owned exclusively by the County; contractors may not sell, transfer, or permit use of work products without express written consent and must cooperate in perfecting the County's title and interests, including executing necessary assignment documents at no additional cost beyond the contract price.
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Issued by County of San Mateo Contract Compliance Committee July 1, 2013
Attachment IP Intellectual Property Rights
1. The County of San Mateo (“County”), shall and does own all titles, rights and interests in all Work Products created by Contractor and its subcontractors (collectively “Vendors”) for the County under this Agreement. Contractor may not sell, transfer, or permit the use of any Work Products without the express written consent of the County.
2. “Work Products” are defined as all materials, tangible or not, created in whatever medium pursuant to this Agreement, including without limitation publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, matters and combinations thereof, and all forms of intellectual property.
3. Contractor shall not dispute or contest, directly or indirectly, the County’s exclusive right and title to the Work Products nor the validity of the intellectual property embodied therein. Contractor hereby assigns, and if later required by the County, shall assign to the County all titles, rights and interests in all Work Products.
Contractor shall cooperate and cause subcontractors to cooperate in perfecting County’s titles, rights or interests in any Work Product, including prompt execution of documents as presented by the County.
4. To the extent any of the Work Products may be protected by U.S. Copyright laws, Parties agree that the County commissions Vendors to create the copyrightable Work Products, which are intended to be work-made-for-hire for the sole benefit of the County and the copyright of which is vested in the County.
5. In the event that the title, rights, and/or interests in any Work Products are deemed not to be “work-made-for-hire” or not owned by the County, Contractor hereby assigns and shall require all persons performing work pursuant to this Agreement, including its subcontractors, to assign to the County all titles, rights, interests, and/or copyrights in such Work Product. Should such assignment and/or transfer become necessary or if at any time the County requests cooperation of Contractor to perfect the County’s titles, rights or interests in any Work Product, Contractor agrees to promptly execute and to obtain execution of any documents (including assignments) required to perfect the titles, rights, and interests of the County in the Work Products with no additional charges to the County beyond that identified in this Agreement or subsequent change orders. The County, however, shall pay all filing fees required for the assignment, transfer, recording, and/or application.
6. Contractor agrees that before commencement of any subcontract work it will incorporate this ATTACHMENT IP to contractually bind or otherwise oblige its subcontractors and personnel performing work under this Agreement such that the County’s titles, rights, and interests in Work Products are preserved and protected as intended herein.
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