HomeMy WebLinkAbout4829 Contract Number:- 4829
Vendor: W S U EXTENSION SERVICE KITSAP CO
Subject: Goods & Services - Bluberry Park
Department: Parks
File Class: LEG 12-1
Begin Date: 02/01/2009
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: 01/O1/2011
Comments: Termination w/30 day written notice
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation
("City"), and Washimrton State Universitv Extension Kitsap County ("Vendor"), who's mailing address is:
345 Sixth Street. Ste. 550. Bremerton. WA 98337-1874.
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the
following services for the City:
A. Manage and coordinate gardening activities at the Blueberry Park P-Patch Community Garden
· Assign gardening plots to users in accordance with City policies and procedures.
· Work with users to form an association adopting common rules, best practices for the
P-Patch area and shared maintenance ofthe common areas within the P-Patch garden area.
· Appoint a qualified P-Patch coordinator to work with the City and individual gardeners and user
groups. ;
· Coordinate information for the new P-Patch Information Kiosks.
· Assist in the settlement of disputes that may arise between P-Patch garden users.
· Meet regularly with representatives from P-Patch Users, Bremerton Urban Gardeners, City staff,
and WSU staff.
· Provide regular communications and correspondence to P-Patch users.
· Work with Bremerton Food Line to help direct excess garden harvest for community use.
· Coordinate educational activities with Armin Jahr School and community groups.
· Collect and retain garden plot fees in exchange for the above listed services.
· Provide quarterly financial reports to the Parks & Recreation Department.
2. CITY SERVICES. The City will provide the following:
· Power to the lending tool shed
· Water to the gardening area
· Storage shed
· Parking at Blueberry Park
· Restroom facilities at Blueberry Park
· Initial soil for the garden areas
· Initial bark for pathways
· Layout and numbering of the garden plots
3. COMPENSATION. In consideration of the service provided, WSU will retain all garden plot fees
collected.
4. TERM. The contract period begins Februarv 1. 2009 and terminates on December 31. 2009. The term of
this contract may be modified only pursuant to Section 8 of this Agreement.
5. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including legal costs and
attorney fees, arising out of or in connection with the performance of this Agreement. Vendor's obligation to
indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection
or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of
indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event ofliability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and
volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence.
WSU P-Patch Garden Agreement 09
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION
CONSTITUTES THE VENDORS WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51
RCW, SOLEY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
6. INSURANCE. The vendor shall maintain and provide evidence ofliability coverage during the term of
this agreement.
7. MODIFICATION OF AGREEMENT. The City and WSU will negotiate separately and additional work
or proj ects prior to commencement of any planning or commitment of time and resources. The Bremerton Parks
& Recreation Director, or his/her designee and the WSU Extension Horticulture Coordinator shall be responsible
for approval of changes or additions to the scope of services included in this agreement.
8. TERMINATION. This agreement can be terminated within any 30 days provided written notification is
received by all the parties.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY:
County
City of Bremerton
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WSU P-Patch Garden Agreement 09