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HomeMy WebLinkAboutFox-Walf Watershed Alliance, Inc/Rain Barrells 2014 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the 2I day of July, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FOX- WOLF WATERSHED ALLIANCE, INC., PO BOX 1861 APPLETON, WISCONSIN 54912, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with this document, the provisions in this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: MARIAN PACE, OUTREACH COORDINATOR B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this contract: ELIZABETH SCHULTZ, ASSISTANT PLANNER ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in Proposal of the CONSULTANT. The CONSULTANT bid is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with this agreement. The CONSULTANT shall provide the services described in its proposal attached hereto and incorporated herein by reference. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. 1 ARTICLE IV. CITY RESPONSIBLITIES The CITY shall furnish, at the CONSULTANT'S request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from CITY records. To prevent any unreasonable delay in the CONSULTANT'S work the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION All work to be performed under this contract shall be completed on or before 16,AUGUST 2014 unless the parties agree in writing to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract the total sum of$2,500 for BUILD YOUR OWN RAIN BARREL WORKSHOP, adjusted by registration fees collected by the CONSULTANT as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONSULTANT shall submit an itemized statement for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty(30)days of the date of the CITY'S written demand for indemnification or refund. ARTICLE V. INSURANCE 2 The CONSULTANT shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are identified on a separate document. ARTICLE VI. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this contract at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph,then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. Signature page follows. 3 In the Presence of: CONSULTANT / By: . � c4._ �� <e c;(3 (Seal of Contractor Specify Title) if a Corporation.) � By: tt-tV'Iath CoOl,i vctt O V (Specify Title) CITY OF OSHKOSH - fed Sy/k_/'/E ark A. Rohloff, City Manager (Witness IT �'�pG 2 �. And: '� i► ( it ��ness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ATIlaASIALLY,^ C7 ttorney NO° City Comptroller 4 � .sc Fox -VVOLF JOIN US FOR A BUILD YOUR OWN RAIN BARREL WORKSHOP IN OSHKOSH! Date: Saturday, August 16, 2014 Time: 900-11:00AM Location: Oshkosh Masonic Center 204 Washington Ave, Oshkosh, WI Cost: $35.00 per rain barrel for the first 30 Oshkosh residents registered $50.00 per rain barrel for Oshkosh residents after the first 30 spots are filled $50.00 per rain barrel for non-Oshkosh Residents (no exceptions) REGISTRATION AND PREPAYMENT ARE REQUIRED. ._ Please limit yourself to three rain barrels per household. - ` a VHF }... _ r Due to use of power tools at the workshop, all participants must be at least 18 years of age and sign a liability waiver upon arrival at the event to participate. RAIN BARRELS ARE LIMITED TO THE FIRST 50 RESIDENTS REGISTERED. ' . REGISTER ONLINE AT WWW.FWWA.ORG ~ QUESTIONS? CONTACT MARIAH, FWWA OUTREACH COORDINATOR ? Y; EMAIL: MARIAHea FWWA.ORG0 ommqmp The Fox-Wolf Watershed Alliance (FWWA)is OSHKOSH MASMIC CENER a non-profit organization working to find cost FOX -WOLF effective ways of improving water quality in 1' Northeastern Wisconsin. One way in which Thank you to the Oshkosh Masonic Center (OMC)for housing this workshop. The we do this is through outreach and education OMC is a non-profit organization working of residents at a local level. for community enrichment. Visit online to For more information about learn about hosting your next event at this FWWA or for volunteer Like us on Faceb00k! historical location in downtown Oshkosh. ©P opportunities,please contact acebook www.oshkoshmasoniccenter.com Mariah at mariah @fwwa.org Rain Barrel Workshop sponsored by the City of Oshkosh and hosted by the Fox-Wolf Watershed Alliance OJHKOJH OR THE WATER N o O ll1 t (_�: O *', o u U1 Z zz o o - 0 a �, ., 44k, r '41i ,; t ro a N C:31 2 cu ' ' l■ 1 1 ti..'llitts- '',;-",t ° '41, - 0 -,--, .fl a. cE c . 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