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Home My WebLink About5.848 Original Contract 5. 8~8 AGREEMENT FOR SERVICES I. Parties. This Agreement is made and entered into by and between Washington State University (hereinafter WSU), an institution of higher education and an agency of the State of Washington, and the City of Port Angeles, Washington (hereinafter City), a municipal corporation. II. Purpose. This Agreement provides the terms and conditions under which WSU will plan and participate in conducting educational displays and demonstrations; plan, organize and conduct training sessions, and present a compost workshop. This project is of mutual interest and benefit to WSU and the City. III. Term. The term of this Agreement (term) shall commence on January 1, 2008 and continue in effect until December 31, 2009 unless the parties agree in writing to extend the term or unless the Agreement is terminated in accordance with the early termination provision below. IV. Services. This Agreement covers the services specified in Attachment A - Scope of Work, which is hereby included and made part of this Agreement. WSU agrees to perform the services specified in Attachment A in the manner and within the time specified therein. Except as expressly provided elsewhere in this Agreement any and all modification or revisions to Attachment A, including but not necessarily limited to, additions, deletions, and extensions, must be in writing and signed by both parties. V. Billing and Payment. WSU shall be reimbursed by the City for the performance of those services described in Attachment A, which is hereby included and made a part of this Agreement. Invoices should be sent to: Helen Freilich City of Port Angeles PO Box 1150 Port Angeles W A 98362 Payment for services should be sent to: Washington State University Cashiers Office - SPS PO Box 641027 Pullman WA 99164-1027 Charges for the services covered by this Agreement are set forth in Attachment B - Budget, which is attached hereto and made part of this Agreement. 10f5 .9 {'-oj . '\; VI. Relationship of Parties. WSU is an independent contractor and this Agreement is not intended to form a partnership or joint venture between WSU and the City. Individuals employed by WSU are not employees or agents of the City. WSU, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. WSU shall assume full authority for the payment of all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, and income tax. VII. Governing Law and Venue. The laws of the State of Washington shall govern this Agreement. Exclusive venue in case legal suit or action is instituted to enforce compliance with any terms, covenants or conditions of the Agreement shall lie in Clallam County, Washington. VIII. Termination for Cause. In the event either party shall commit any material breach of or default in any terms or conditions of this Agreement, and shall also fail to remedy such breach or default within thirty (30) days after receipt of written notice thereof, the non-breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Termination shall be effective as of the date of receipt of such notice. IX. Indemnification. . Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agent. The City shall fully indemnify and hold harmless WSU against any and all claims arising out of City's negligence. WSU shall fully indemnify and hold harmless the City against any and all claims arising out ofWSU's negligence. X. Notices. Any notice or communication required or permitted under this Agreement shall be delivered by overnight courier, or by registered or certified mail, postage prepaid and addressed to the party to receive such notice at the address given below, or at such other address as may hereinafter be designed by notice in writing. Notice given hereunder shall be effective as of the date of receipt of such notice. Notice to WSU: Dan Norquist, Director Washington State University 423 Neill Hall PO Box 643140 Pullman W A 99164-3140 20f5 Notice to City: Helen Freilich City of Port Angeles PO Box 1150 Port Angeles W A 98362 XI. Force Maieure. Notwithstanding anything contained in this Agreement to the contrary, neither the City nor WSU will be deemed liable for any default or any delay or failure and performance under this Agreement deemed to result from acts of God, acts of civil and military authority, acts or public enemy, war, or any like cause beyond the parties reasonable control. XII. Severability. Should any provision of this Agreement be held by tribunal of competent jurisdiction to be invalid or unenforceable, the remainder will remain in full force and effect. City of Port Angeles: By: Title: I . ~ Date: ) (Clio / Dan Nordquist :1J{\ ~ Director, Authorized Inst. Official Office of Grant and Research Development By: N2 [)~ ~ Title't>,1U:-~ ~\)l.:'(' t.....oll/GJ 2'-''''~'n~ Date: v I 1-/ DiY Attest: Ao~~.J~-. Becky J. on, ity de 1Joved as to form; .. .k f/j.~ Dennis C. lckson, Sr. Assistant City Attorney " r , . /, 30f5 ~ ATTACHMENT A - SCOPE OF WORK Description: 1) Plan and supervise Master Composter volunteers in at least 4 educational displays and demonstrations at public events in Clallam County and 4 compost workshops for the general public. ' 2) Assist Master composters in the development of classroom programs and help schedule at elementary schools. 3) Plan, organize, and secure a location for Master Composter training sessions, teach curriculum, and arrange for guest speakers and coordinate tours as appropriate to the program goals. 4) Plan and schedule continuing education for Master composters. 5) Develop reference materials for Master Composters, including handbook and newsletter. 6) Develop other audio-visual materials for the general public on backyard composting. 40f5 ATTACHMENTB-BUDGET Salaries _ _ __ _ _ _ _ _ _00 _ _ _ 00 _ _ _... _. _ .__ _.. ...... _ _._ _ _.. _.. _ _ __ _. _. _ _ _ _ _ _ _ _ _. _._. _ 00 00_ __. Wages . _ 00 _ _ 00 _ _00 _ __.. _ _. 00 _... _. _ _ _ _ _ _. _ _ _ _ _.. _. ___ _ _ _ _._ _ _ _ 0000 00 _ _ _ _ _ ___ _ _ 00 _ _ _. __ __ Fringe Benefits _ m_. _ _ 00 _ _ m _ m _.00 00 _ _ _ 00 _ _ 00 _ m _ _ _ m _ _ _ _ h. __. _ _ 00 _ _ m..... Travel 00 00 _ _ 00 _ _ 00 00__ _ 00 __ _... _ __. _.. _.._ _ _ _. _..... _... _.._... _ _.0000 _ _ _ h. _. _ _ _ _ ____00 Supplies/Services _. __ _ _ 00 _ _ _ _ m _ _ _ m_ _ 00 _ _ _ _ _ _ _ _ _ 00 _ _ _ moo _ _ _ h. _ _ _ _ _ _ _ __ _. ____ Equipment ..... _ .hhhhh_ 0000 _ 00 00 _00 _ 00 _ _ 00 _ 00 _ _. _ __h _ _ _ __ _ _ 00 _. _ __ _ _ _ _ _ __ ___ _.. Subcontracts m _ moo _ _ _ _ 00 _ moo _ _ _ _00 00 _ _ _ __. _ _ 00.00 _ _ _ m __. _ _ _ 00 __ _ _ _ _ _.. _ _ _____ Other Direct Costs Total Direct Costs Indirect Costs . _.... ._._ _ __ 00 __ _ _ _ 0000 _ _ _ m _00 m _ _ __ _ _ _ ___ __ _ _ _ _ _ __ _ _.. _. __ m__ ___ [25% Personnel] Total Costs 50f5 ., ,~.." $ $ 4,404.00 $ 396.00 $ :$ $ $ $ $ 4,800.00 $ 1,200.00 $ 6.000.00 .' 5. '8<1 g AGREEMENT FOR SERVICES 1. Parties. TIns Agreement is made and entered into by and between Washington State University (hereinafter WSU), an institution ofhigh~r education and an agency ofthe State of Washington, and the City of Port Angeles, Washington (hereinafter City), a municipal corporation. II. Purpose. This Agreement provides the tenus and conditions under which WSU will plan and participate in conducting educational displays and demonstrations; plan, organize and conduct training sessions, and present a compost workshop. This project is of mutual interest and benefit to WSU and the City. m. Telm. TIle term ofthis Agreement (term) shall commence on May 1, 2007 and continue in effect until December 31, 2007 unless the parties agree in writing to extend the term or unless the Agreement is terminated in accordance with the early termination provision below. IV. Services. TIns Agreement covers the services specified in Attachment A - Scope of Work, which is hereby included and made part of this Agreement. WSU agrees to perform the services specified in Attachment A in the manner and within the time specified therein. Except as expressly provided elsewhere in this Agreement any and all modification or revisions to Attachment A, including but not necessarily limited to, additions, deletions, and extensions, must be in writing and signed by both parties. V. BillinR: and Payment. WSU shall be compensated by the City for the performance of those services described in Attachment A, which is hereby included and made a part ofthis Agreement. Invoices should be sent to: Helen Freilich City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 Payment for services should be sent to: Washington State University Cashiers Office.., SPS P.O. Box 641027 Pullman, WA 99164-1027 Charges for the services covered by this Agreement are set forth in Attachment B - Budget, which is attached hereto and made part of this Agreement. -1- '1 I VI. Relationship of Parties. WSU is an independent contractor and this Agreement is not intended to form a partnership or joint venture between WSU and the City. Individuals employed by WSU are not employees or agents of the City. WSU, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. WSU shall assume full authority for the payment of all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, and income tax. VIT. Governing Law and Venue. The laws of the State of Washington shall govern this Agreement. Exclusive venue in case legal suit or action is instituted to enforce compliance with any terms, covenants or conditions of the Agreement shall lie in Clallam County, Washington. Vill. Termination for Cause. In the event either party shall commit any material breach of or default in any terms or conditiOlls of this Agreement, and shall also fail to remedy such breach or default within thirty (30) days after receipt of written notice thereof, the non-breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Tennination shall be effective as of the date of receipt of such notice. IX. Indemnification. Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agent. The City shall fully indenurify and hold harmless WSU against any and all claims arising out of City's negligence. WSU shall fully indenulify and hold harmless the City against any and all claims arising out ofWSU's negligence. X. Notices. Any notice or communication required or permitted under this Agreement shall be delivered by overnight courier, or by registered or certified mail, postage prepaid and addressed to the party to receive such notice at the address given below, or at such other address as may hereinafter be designed by notice in writing. Notice given hereunder shall be effective as of the date of receipt of such notice. Notice to WSU: Dan Norquist, Director Washington State University 423 Neill Hall P.O. Box 643140 Pullman, WA 99164-3140 -2- :j ~!r \ -:-1. \b"o il{) ~ .ft ,,! ~ : Notice to City: Helen Freilich City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 XI. Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither the City nor WSU will be deemed liable for any default or any delay or failure and performance under this Agreement deemed to result from acts of God, acts of civil and military authority, acts or public enemy, war, or any like cause beyond the parties reasonable control. XII. Severability. Should any provision of this Agreement be held by tribwlal of competent jurisdiction to be invalid or unenforceable, the remainder will remain in full force and effect. By: Title: Date: City of Port Angeles: By: Title: Da~e: Attest: b~~ J)dnr. Becky J. Upt Ci lerk 0 .^ , \ ' -3- ennis C. DIckson, Sr. Assistant City Attomey \ I 14F-4167-1272 BellS. C. Unit # 6110 ATTACHMENT A - SCOPE OF WORK OGRD # (See Article IV) Description: , .' 1) Plan and participate in at least 3 education displays and demonstrations at public events in Clallam CoUnty in 2007: Solicit Master Gardeners to assist with the educational presentations. 2). Plan, organize and secure a location for Master Composter training sessions (Sept- October), teach curriculum and arrange for guest speakers and coordinate tours as appropriate to the program goals. 3) Recruit volunteers for training sessions and coordinate activities for volunteers to complete in-service hours, provide application process documents. and monitor in-service hours through a database. 4) Master Composters will present at least one compost workshop for the general public (October-November 2007. Sponsored proj eet Agreement ,.. page 4 of 5 ~CBMEN'l' B - BUDGET 14F-4167-1272 Beus, C. Unit # 6110 OGRD :If (See Article V) Salaries Wages Fringe Benefits Materials/Supplies/Goods & Services Domesti~ Travei Foreign Travel Equipment Subcontracts Purchase/Personal Contractual Services Stipends Other Direct Costs Total Direct Costs F&A/Overhead/lndirect Costs Total Costl;l Sponsored Project Agreement - page 5 of ,5