Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

ORGANIZATION
10.11.8-11
Revised 4-07
Finance and Administration
335-5524

Form: Agreement Template

PDF link

(Use when there is no model agreement.)

University agreements at a minimum should include the following elements.

Be certain that: 1) titles of sections are on the same page as part of the text of that section, and 2) the signature page has at least two lines of contract text on it.


WSU Contract #______

AGREEMENT BETWEEN
WASHINGTON STATE UNIVERSITY
AND

____________________________

 

I. PARTIES

This agreement (the AGREEMENT) is made and entered into between Washington State University, an institution of higher education and an agency of the state of Washington ("WSU"), , by and through its ___________________________[insert department/college name], and ________________________________, a ___________________ ("_________"), located and doing business in _______________, ___________________. In this AGREEMENT, the above entities are jointly referred to as PARTIES.

II. PURPOSE

This AGREEMENT sets forth the terms and conditions for __________'s provision of ___________ [insert brief description of what is being provided under the agreement] to _______________.

III. RESPONSIBILITIES OF THE PARTIES

(Include specific details about the personnel, equipment, efforts, other resources, and/or deliverables obligated by each party.)

A. ________________ will provide the following to ________________ under the terms and conditions of this AGREEMENT:

1.

2.

3.

B. _________________ will provide the following to _______________:

1.

2.

3.

4.

IV. EFFECTIVE DATE AND DURATION

Subject to its other provisions, this AGREEMENT shall be effective when the last signatory executes this AGREEMENT, and shall be completed on ____________________, unless terminated sooner as provided in this AGREEMENT. [Include any provisions for renewal of the agreement, if applicable]

V. COMPENSATION

A. The method for determining compensation under this AGREEMENT shall be as follows:

1. [Insert specific details, e.g., hourly rate, lump sum, incentives, etc.]

2.

B. Expenses reimbursed under this AGREEMENT shall be:

1. [e.g., travel, mileage, postage, etc. NOTE: Travel expenses must be reimbursed at University-approved rates. See BPPM Chapter 95.]

2.

C. The maximum compensation paid under this AGREEMENT shall be:

 

VI. BILLING AND PAYMENT

A. _________ shall submit properly executed and documented bills or vouchers for payment to:

[Insert contact information; documentation to include hours worked, tasks completed, etc. NOTE: State law prohibits WSU from making payments in advance of receipt of goods or services]

B. Payments for satisfactory performance under this AGREEMENT shall be made to:

[Insert contact information]

C. Penalties for late payments shall be:

 

VII. TERMINATION

Either PARTY may terminate this AGREEMENT upon ______ days prior written notification to the other PARTY. The PARTIES shall be liable only for obligations incurred up to the date of such termination.

VIII. AMENDMENTS

This AGREEMENT may be amended by mutual agreement of the PARTIES. Such amendments shall not be binding unless they are in writing, signed by personnel authorized to bind each of the PARTIES, and attached to this AGREEMENT.

IX. DISPUTE RESOLUTION

In the event that a dispute arises under this AGREEMENT that the PARTIES can not resolve, the dispute shall be determined by a Dispute Panel in the following manner: Each PARTY to this AGREEMENT shall appoint one member to the Dispute Panel. The members so appointed shall jointly appoint one additional member to the Dispute Panel to make a panel of three members. The Dispute Board so constituted shall review the facts, contract terms and applicable statutes and rules, and make a determination of the dispute. The determination of the Dispute Panel shall be final and binding on the PARTIES. The PARTIES shall share equally the costs, if any, for the services of the Dispute Panel.

X. HOLD HARMLESS

Each PARTY to this AGREEMENT shall, to the extent permitted by law, indemnify and hold the other harmless for any and all claims, injuries, damages, losses or suits, including attorneys' fees, arising out of its own acts or omissions and those of its officers, employees and agents in the performance of this AGREEMENT. No party to this AGREEMENT shall be responsible for the acts and omissions of those not a party to this AGREEMENT.

XI. INSURANCE

________________ agrees to obtain and/or maintain a general liability policy of insurance of at least $1,000,000 per occurrence, and $2,000,000 aggregate, during the time this AGREEMENT is in effect. [Add other insurance requirements as applicable, e.g., property & casualty insurance, workers compensation, etc.]

XII. GOVERNANCE

This AGREEMENT is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this AGREEMENT shall be construed to conform to those laws.

XIII. ASSIGNMENT

The work to be provided under this AGREEMENT, and any claim arising thereunder, shall not be assignable or delegable by either PARTY in whole or in part without the express prior written consent of the other PARTY. Any assignment shall be effective only if written, signed by the authorized representatives of each PARTY, and attached to this AGREEMENT.

XIV. NOTICE

The contact person for all communications regarding the performance of this AGREEMENT shall be:

A. For WSU:

Name: ___________________________________________________

College or Department: ___________________________________________________

Address: ___________________________________________________

Telephone: ___________________________________________________

Fax Number: ___________________________________________________

B. For ______________________:

Name: ___________________________________________________

Address: ___________________________________________________

Telephone: ___________________________________________________

Fax Number: ___________________________________________________

XV. SIGNATURES

The PARTIES affirm that the individuals signing this AGREEMENT have been granted the authority to do so, and by their signature affirm that the PARTIES will comply with the terms and conditions of this AGREEMENT.

WASHINGTON STATE UNIVERSITY

 
________________________________________
                   [Insert Name Above]

Recommended by:


__________________________________________
 

 


__________________________________________

Name: ____________________________________
 
 Name: ____________________________________
 
Title: ______________________________________
 
 Title: ______________________________________
 

Date: ______________________________________
 

 

 Date: ______________________________________
 

Approved by:

 
__________________________________________
 

Approved by:

 
__________________________________________
 

Name: ____________________________________
 
__________________________________________
 
Title: ______________________________________
 
__________________________________________
 
Date: ______________________________________
 
__________________________________________