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Composting Council Research and Education Foundation Request for Proposal. Website Design and Development of a Compostable Plastics Toolkit

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Composting Council

Research and Education

Foundation

Request for Proposal

Website Design and

Development of

a Compostable Plastics

Toolkit

The Composting Council Research and Education Foundation (Foundation) is issuing this Request for Proposal (RFP) in order to identify one or more qualified vendors to design and develop a new website tool that effectively presents compostable plastic resources to a municipal audience.

Request for proposal packets may be obtained by visiting our website at www.compostingcouncil.org/foundation or by calling (301) 897-2584.

Technical questions regarding this Request for Proposal may be directed to Leanne Spaulding at (301) 897-2584 or by e-­‐mail at: [email protected].

If you wish to submit a proposal for consideration, please email the proposal along with a letter of interest to Leanne Spaulding at [email protected] with the subject line “RFP WEBSITE DESIGN AND DEVELOPMENT.” All materials must be submitted by September 19, 2013 to be considered for review.

The Foundation reserves the right to cancel this request or reject any and all proposals submitted or to waive any minor formalities of this call if in the judgment of the

Foundation Council the best interest of the Foundation would be served.

Leanne Spaulding

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Introduction

The Foundation, and their project partners in a USDN grant, Cities of San Jose, Ashville, NC, and Gaithersburg, MD seek the assistance of a company that can provide toolkit design for an online resource clearinghouse tailored for use by municipal employees, as well as the private agencies that support them. The company should also be able to assist with training Foundation employees on the new system so they may continue to update and maintain the site, and provide the Foundation with access to the the system.

Overview

Activities • Review resource contents collected by planning team. Approximately 100 items will be classified by their function and format type for consultant review.

• Utilize survey results collected from

approximately 200 potential end users in order to identify their needs and interests for the toolkit.. • Integrate the user needs and resource types to

design a toolkit to meet the project goals listed below.

• Develop user friendly site architecture that will allow users to find information on multiple tools and with a variety of search options

Proposed budget $30,000

Proposed schedule October 2013 to February 2014

Background

The Foundation website, located at www.compostfoundation.org, is built on the Word Press Platform and is hosted by Go Daddy. The current site was launched in Fall 2013.

Project Goals

The following goals have been identified for this project:

1. Create a website that helps municipal waste management personnel from across the United States understand the opportunities and issues presented by compostable food serviceware, bags and other compostable products. The website should present the information in a neutral tone, allowing municipal waste management personnel to determine for themselves the best method to manage compostable products in their unique jurisdictions. The website will also offer resources such as PDFs, sample ordinances, videos, and sample

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CCREF  Website  Design/Development   3  

2. The website information will be presented in a format that allows people with varying degrees of knowledge about compostable plastics to find what they need quickly. Experts should be able to locate resources they need, and novices should be able to navigate the site to learn the basics.

3. The website should be easy-to-update and make it easy to publish new pages. Staffing for website management is lean, and to the Foundation is unable to rely on a vendor for ongoing content updating.

4. The website should allow for site visitors to rate the resources offered, provide feedback to improve the site, as well as suggesting resources that they may have or know of to add to the toolkit.

Scope of Work

In order to present a Compostable Plastics Toolkit that will provide a valuable resource for municipalities, the consultant shall:

1. Review the industry survey findings provided by the Foundation.

Approximately 100 resources have already been collected by the planning team, and have been categorized by their function and their format.

2. Analyze the types and functions of resource tools that have been compiled by the project team and determine how the toolkit site can be designed to allow users to easily find and understand the resource types that are available. 3. Develop an informational architecture to reflect the needs of the municipal user

community. The architecture should maximize the ability to organize content in different ways and display the same items on different parts of the site based on different organizational views.

4. Create a visual design and informational architecture for the site, that supports usability and interest, as well as aligning with the design of the US Composting Council/Foundation website.

5. Develop feedback features, where visitors to the site can rate the contents, suggest improvements, and contact the site managers with content to add to the toolbox.

6. Coordinate with the Foundation webmaster, who will complete migration of all of the content material to the site.

7. The vendor will provide training to the USCC/Foundation staff who will manage and update the site, and support the planning team in presenting 2-3 national webinars for municipal end users of the site.

8. Provide guidance and support on how the site design can help to drive more traffic to the site.

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9. Once the content is in place and the site has been suitably tested to allow it to go live, the vendor should be available to provide technical support, or ongoing training, as needed. This support would be priced accordingly.

10. Include in the proposal the potential need to purchase any applicable

software/licenses that may be required for the project. Any proposed software must be compatible with the USCC/Foundation system requirements, including any necessary add-­‐on modules to provide desired features. Any new software will be installed, configured, and tested on USCC/Foundation hardware as part of the project. The cost of the software/license will be included in the proposal.

Web Site Features

The Foundation's new website and CMS must be able to provide as many of the desir

e

d features as possible. Budgetary constraints may require this project to be implemented in phases.

1. Technical Requirements

1.1. Design must be based on Word Press format as used by the USCC/Foundation website.

1.2. Design a template for all subsequent pages: Provide a design that is consistent with the Home page and navigation that allows visitors to move freely without impediments or slow data retrieval.

1.3. The site must be viewable on multiple platforms, resolutions, and browsers. Design and function should be focused on intuitive and familiar navigation mechanisms and prominently feature high-priority or targeted content for the various Web site user audiences. Each page should contain breadcrumbs and searching.

1.4. Web development toolsets and features: The Contractor will work with the planning team and USCC/Foundation to identify automation opportunities, provide existing applications or toolsets that may assist in the automation of manual processes, and incorporate new tools that will enhance the user’s experience.

1.5. Ensure the privacy, security, and integrity of the information that is accessed through the Web site.

2.

Website Design and Features

2.1. Usability Testing–At proposed stages in the site design and development process, the Foundation will want to test concepts and designs with user groups. Proposed testing milestones should be included as part of the project proposal.

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CCREF  Website  Design/Development   5  

2.2. Browser, Device, Operating System, and Screen-­‐size Compatibility– The design must be tested with a variety of client systems to ensure that it displays correctly in each. We’re interested in suggestions from vendors about the best way to provide access for mobile devices and to ensure the site remains available as new devices and technologies emerge. A printer-­‐ friendly view of every page should also be available.

2.3. Branding–This new website will become part of the USCC/Foundation’s branding effort. The Foundation is looking for a strong, clear visual identity for the toolkit, that that is targeted to a municipal audience and helps distinguish the Foundation as a unique entity.

2.4. Multimedia–The site should easily incorporate video, Flash or JavaScript animations, slideshows, webcams, or other types of multimedia content. This content may be delivered from third-­‐ party websites.

2.5. Links to non-­‐HTML content or other sites–It should be easy to add links to other websites and have them appear in the menu structure. “Offsite” links should be signified by an icon. Users should receive a “leaving this site” message with an option to return to the Foundation site. These features also apply to offsite links in the body text of an article.

3. Website Management and Maintenance

Ongoing management and maintenance after the go live posting will be provided by the Foundation webmaster. Consultant should supply all necessary access to C-Panel and any other user authorization before completing contract work.

Submittal Procedure

Please submit the proposal for services in Microsoft Word Document or PDF format in no less than a 12 point font. Maximum number of pages that will be accepted, including attachments, is 25.

Responses must be received by September 19th by 3:00p.m. EST.

Responses delivered later will not be accepted. The Foundation is not responsible for delays in delivery. All responses shall be emailed to Leanne Spaulding, at

[email protected], with subject line “RFP WEBSITE DESIGN AND DEVELOPMENT.” Responses by fax will not be accepted.

The Supplier must sign, where indicated on the General Information page,

acknowledgement of any addenda prior to the bid opening. Failure to comply with this

provision will render the bid non-­‐responsive and therefore void.

It is the sole responsibility of the Supplier to learn of Addendum, if any. Such information may be obtained from the Foundation web site,

www.compostingcouncil.org/foundation or by calling (301) 897-2584; however the sole

responsibility for obtaining and learning of Addendum belongs to the Bidder. The Foundation accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addendums and submit inadequate or incorrect

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Project Budget

The available budget for this project is $30,000.

Approximate Project Timeline

Issue RFP: September 5, 2013 Proposal Due Date: September 19, 2013 Selection Complete: October 2

Notice to Proceed: October 10

Project Complete: February 28, 2014

Submittal Criteria

These instructions were developed to aid in proposal development, and evaluation. Each copy of the proposal package must include all of the sections in the order

indicated. Attachments should be clearly referenced and identified to facilitate the review process.

Vendor Qualifications

The intent of this RFP is to enable the Foundation to evaluate vendor experience, qualifications and capabilities for designing and developing the Compostable Plastics Toolkit. Responders are to submit a written narrative corresponding to each of the desired qualifications below:

Company Profile

1. Number of years in business. 2. Office locations

3. Demonstrated company financial stability.

4. Size of staff for similar projects and ability to manage concurrent projects. 5. Type and scope of web projects you typically design.

Municipal Website Design Experience

1. Past project performance that is relevant to this project. 2. List municipal clients with their website addresses.

3. If no previous municipal government experience, please explain relevant private sector or non-­‐profit organization website experience.

4. References (Name, phone, address, URL.)

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CCREF  Website  Design/Development   7  

Vendor Service Capabilities (describe all available) 1. Information Architecture.

2. Web Design and Development

3. Branding, SEO, web site marketing and promotion. 4. Technical Support

5. Server Hardware and Software setup and configuration, add-­‐on modules, backend databases, integration with existing systems, etc.)

6. Client Training. 7. Usability Testing.

Team Members/Roles (list all personnel to be assigned to this project) Name, title, role (e.g., project management, programming, graphics.) Required Information

1. Summarize your proposed project approach for building the Foundation Compostable Plastics Toolkit.

2. Include a proposed project schedule that meets the project timeline. 3. Provide the costs for services. Please include how many hours of time the

proposal includes for each deliverable of the project.

4. Include a brief overview of similar projects completed, with costs, staff hours required, overall timeframe, and how your estimates matched up when the project was completed.

Vendor Questions

1. How would you help us reach our design goal of an easy to use toolkit clearinghouse, tailored to the municipal audience? How would you help us determine those needs and interests, and create a visual and organizational design that meets them? What’s the best way to test the design and make sure it’s as easy to use as we can make it?

3. What’s your typical process for developing a visual identity with your clients? How can you help us build our brand? How can we use the site to tell our stories better?

4. We’ve identified much of the specific content to be included, such as

documents, powerpoints, video and graphic files. What design features for the toolkit can help us engage and serve the municipal recycling coordinator

community?

5. We want the site to be available on any device. What are the design considerations in meeting this objective?

6. What level of staff resources and end-user training should we plan for to make the tools you will create most effective?

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System Demonstrations

Vendors may be asked to participate in demonstrations of the toolkit characteristics during planned national webinars, as well as during a hands-on workshop during the US Composting Council Annual Conference in Oakland in January, 2014. Please provide ideas or considerations about your abilities and experience in demonstrating your tools to end users.

Evaluation Criteria

Proposals will be evaluated by the project committee. The scores will be used to develop a list of proposers with whom negotiations may be conducted. Additional documentation may be requested at the discretion of the Foundation. Interviews may be conducted if necessary as determined by the Foundation. Below are the evaluation criteria categories that each proposal will be scored on:

Experience and Ability

Demonstrated Past Performance Approach and Method

Proposed Cost

Answers to questions in section “Vendor Questions”

Information

Questions regarding this Request for Proposals may be directed to Leanne Spaulding, at 301-897-2584 or by e-­‐mail at [email protected].

General Terms and Conditions

Contract

The successful Supplier(s) must enter into an Independent Contractor Agreement with the Foundation. (see attached example)

This contract will be for a period of five (5) months. The Foundation reserves the right to negotiate additional contract periods with the contractor.

Insurance

The Contractor will carry liability insurance sufficient and customary to the work it is providing (including malpractice insurance, if warranted) relative to any service that it performs for the USCC.

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CCREF  Website  Design/Development   9  

Reimbursement

The Foundation will not reimburse Proposers for any costs involved in the preparation and submission of responses to this RFP or in the preparation for and attendance at subsequent interviews. Furthermore, this RFP does not obligate the Foundation to accept or contract for any expressed or implied services. The Foundation reserves the right to request any Proposer to clarify their proposal or to supply any additional material deemed necessary to assist in the evaluation of the Supplier.

Confidentiality

The Contractor acknowledges that during the engagement Contractor will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the USCC/Foundation and/or used by the USCC/Foundation in connection with the operation of its business including, without limitation, the USCC/Foundation’s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that it will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the USCC/Foundation. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the USCC/Foundation, whether prepared by the Contractor or otherwise coming into its possession, shall remain the exclusive property of the USCC/Foundation. The Contractor shall not retain any copies of the foregoing without the USCC/Foundation’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the USCC/Foundation, the Contractor shall immediately deliver to the USCC/Foundation all such files, records, documents, specifications, information, and other items in its possession or under its control. Further, except as is reasonably necessary in furtherance of its duties, the Contractor agrees that it will not disclose retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the USCC/Foundation and shall at all times preserve the confidential nature of its relationship to the USCC/Foundation and of the services hereunder.

Proposal Submittal Cover Page

The General Information form, on the next page, is designed to serve as the cover sheet. Do not attach cover letters, title pages, or blank sheets ahead of this form, nor substitute letterhead paper for it. If additional space is needed, plain paper may be attached behind this form. This form must be signed by a person authorized to make proposals and enter into contract negotiations on behalf of your agency. This individual must be at least 18 years of age. Failure to submit this form will result in your proposal being deemed non-­‐responsive.

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General Information Form

Website Design and Development

a. Legal Name of Respondent b. Street Address

c. Foundation State Zip Code

d. Phone( ) Fax( )

e. Contact Person (please print) f. E-­‐mail Address

g. Signed Title

h. Federal Tax ID # i. Date

To be considered for this project, the proposals must be completed in accordance with this RFP.

The following Addenda is/are hereby acknowledged:

Addendum Date of Signed

Acknowledgement

No Addendum/Addenda

1. 2. 3.

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EXAMPLE  USCC  INDEPENDENT  CONTRACTOR  AGREEMENT    

This   Agreement   is   entered   into   as   of   MONTH/DAY/YEAR,   between   United   States   Composting  Council,  located  at  5400  Grosvenor  Lane,  Bethesda,  Maryland  20814  (“the  USCC”)   and   ORGANIZATION/CONTACT   NAME   located   at     ADDRESS   (“the   Contractor”   and/or   “ORGANIZATION  NAME”).  

 

Subject  to  the  following  terms  and  conditions  of  this  Agreement,  the  USCC  hereby  engages   the  Contractor  as  an  independent  contractor  to  perform  the  services  set  forth  herein,  and  the   Contractor  hereby  accepts  such  engagement.  

 

1. Duties,   Term,   and   Compensation.     The   Contractor’s   duties,   term   of   engagement,   compensation   and   provisions   for   payment   thereof   shall   be   as   set   forth   in   the   estimate   previously  provided  to  the  USCC  by  the  Contractor  and  which  is  attached  as  Exhibit  A,  which   may  be  amended  in  writing  from  time  to  time,  or  supplemented  with  subsequent  estimates   for   services   to   be   rendered   by   the   Contractor   and   agreed   to   by   the   USCC,   and   which   collectively  are  hereby  incorporated  by  reference.  

 

2. Expenses.    During  the  term  of  this  Agreement,  the  Contractor  shall  bill  and  the  USCC  shall   reimburse   the   Contractor   for   all   reasonable   and   approved   out-­‐of-­‐pocket   expenses   which   are  incurred  in  connection  with  the  performance  of  the  duties  hereunder.      

 

3. Written   Reports.     The   USCC   may   request   that   project   plans,   progress   reports   and   a   final   results  report  be  provided  by  Contractor  on  a  regular  basis.    A  final  results  report  shall  be   due  at  the  conclusion  of  the  project  and  shall  be  submitted  to  the  USCC  in  a  confidential   written  report  at  such  time.  The  results  report  shall  be  in  such  form  and  setting  forth  such   information  and  data  as  is  reasonably  requested  by  the  USCC.  

 

4. Confidentiality.  The  Contractor  acknowledges  that  during  the  engagement  Contractor  will   have  access  to  and  become  acquainted  with  various  trade  secrets,  inventions,  innovations,   processes,  information,  records  and  specifications  owned  or  licensed  by  the  USCC  and/or   used   by   the   USCC   in   connection   with   the   operation   of   its   business   including,   without   limitation,   the   USCC’s   business   and   product   processes,   methods,   customer   lists,   accounts   and  procedures.    The  Contractor  agrees  that  it  will  not  disclose  any  of  the  aforesaid,  directly   or  indirectly,  or  use  any  of  them  in  any  manner,  either  during  the  term  of  this  Agreement  or  

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at  any  time  thereafter,  except  as  required  in  the  course  of  this  engagement  with  the  USCC.     All   files,   records,   documents,   blueprints,   specifications,   information,   letters,   notes,   media   lists,  original  artwork/creative,  notebooks,  and  similar  items  relating  to  the  business  of  the   USCC,   whether   prepared   by   the   Contractor   or   otherwise   coming   into   its   possession,   shall   remain  the  exclusive  property  of  the  USCC.    The  Contractor  shall  not  retain  any  copies  of  the   foregoing   without   the   USCC’s   prior   written   permission.     Upon   the   expiration   or   earlier   termination  of  this  Agreement,  or  whenever  requested  by  the  USCC,  the  Contractor  shall   immediately   deliver   to   the   USCC   all   such   files,   records,   documents,   specifications,   information,   and   other   items   in   its   possession   or   under   its   control.     Further,   except   as   is   reasonably   necessary   in   furtherance   of   its   duties,   the   Contractor   agrees   that   it   will   not   disclose   retention   as   an   independent   contractor   or   the   terms   of   this   Agreement   to   any   person   without   the   prior   written   consent   of   the   USCC   and   shall   at   all   times   preserve   the   confidential  nature  of  its  relationship  to  the  USCC  and  of  the  services  hereunder.  

 

5. Conflicts  of  Interest;  Non-­‐hire  Provision.    The  Contractor  represents  that  it  is  free  to  enter   into  this  Agreement,  and  that  this  engagement  does  not  violate  the  terms  of  any  agreement   between  the  Contractor  and  any  third  party.    Further,  the  Contractor,  in  rendering  its  duties   shall  not  utilize  any  invention,  discovery,  development,  improvement,  innovation,  or  trade   secret  in  which  it  does  not  have  a  proprietary  interest.    During  the  term  of  this  agreement,   the   Contractor   shall   devote   as   much   of   its   productive   time,   energy   and   abilities   to   the   performance   of   its   duties   hereunder   as   is   necessary   to   perform   the   required   duties   in   a   timely   and   productive   manner.     The   Contractor   is   expressly   free   to   perform   services   for   other  parties  while  performing  services  for  the  USCC.    For  a  period  of  six  months  following   any  termination,  the  Contractor  shall  not,  directly  or  indirectly  hire,  solicit,  or  encourage  to   leave  the  USCC’s  employment,  any  employee,  consultant,  or  contractor  of  the  USCC  or  hire   any   such   employee,   consultant,   or   contractor   who   has   left   the   USCC’s   employment   or   contractual  engagement  within  six  months  of  such  employment  or  engagement.  

 

6. Right  to  Injunction.    The  parties  hereto  acknowledge  that  the  services  to  be  rendered  by  the   Contractor  under  this  Agreement  and  the  rights  and  privileges  granted  to  the  USCC  under   the  Agreement  are  of  a  special,  unique,  unusual,  and  extraordinary  character  which  gives   them  a  peculiar  value,  the  loss  of  which  cannot  be  reasonably  or  adequately  compensated   by  damages  in  any  action  at  law,  and  the  breach  by  the  Contractor  of  any  of  the  provisions   of   this   Agreement   will   cause   the   USCC   irreparable   injury   and   damage.     The   Contractor   expressly  agrees  that  the  USCC  shall  be  entitled  to  injunctive  and  other  equitable  relief  in   the  event  of,  or  to  prevent,  a  breach  of  any  provision  of  this  Agreement  by  the  Contractor.     Resort  to  such  equitable  relief,  however,  shall  not  be  construed  to  be  a  waiver  of  any  other   rights  or  remedies  that  the  USCC  may  have  for  damages  or  otherwise.    The  various  rights   and   remedies   of   the   USCC   under   this   Agreement   or   otherwise   shall   be   construed   to   be   cumulative,  and  no  one  of  them  shall  be  exclusive  of  any  other  or  of  any  right  or  remedy   allowed  by  law.  

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7. Termination.     The   USCC   may   terminate   this   Agreement   at   any   time   by   15   days’   written   notice  to  the  Contractor.  Upon  termination,  USCC  is  responsible  for  all  obligations  arising   from  services  performed  prior  to  the  termination  date.    If  the  Contractor  is  convicted  of  any   crime  or  offense,  fails  or  refuses  to  comply  with  the  written  policies  or  reasonable  directive   of  the  USCC,  is  guilty  of  serious  misconduct  in  connection  with  performance  hereunder,  or   materially  breaches  provisions  of  this  Agreement,  the  USCC  at  any  time  may  terminate  the   engagement   of   the   Contractor   immediately   and   without   prior   written   notice   to   the   Contractor.  

 

8. Independent   Contractor.     This   Agreement   shall   not   render   the   Contractor   an   employee,   partner,  agent  of,  or  joint  venturer  with  the  USCC  for  any  purpose.    The  Contractor  is  and   will  remain  an  independent  contractor  in  its  relationship  to  the  USCC.    The  USCC  shall  not   be   responsible   for   withholding   taxes   with   respect   to   the   Contractor’s   compensation   hereunder.    The  Contractor  shall  have  no  claim  against  the  USCC  hereunder  or  otherwise  for   vacation  pay,  sick  leave,  retirement  benefits,  social  security,  worker’s  compensation,  health   or  disability  benefits,  unemployment  insurance  benefits,  or  employee  benefits  of  any  kind.    

9. Insurance.    The  Contractor  will  carry  liability  insurance  sufficient  and  customary  to  the  work   it  is  providing  (including  malpractice  insurance,  if  warranted)  relative  to  any  service  that  it   performs  for  the  USCC.  

 

10. Indemnification.    To  the  extent  permitted  by  law,  Contractor  agrees  to  defend,  indemnify   and   hold   harmless   USCC   from   and   against   all   claims,   demands,   liabilities,   judgments   or   causes  of  action  of  any  nature  for  any  relief,  elements  of  recovery  or  damages  recognized   by   law   (including,   without   limitation,   attorney's   fees,   defense   costs,   and   equitable   relief),   for  any  damage  or  loss  incurred  by  USCC  arising  out  of,  resulting  from,  or  attributable  to  any   acts   or   omissions   or   other   conduct   of   Contractor   or   its   agents   in   connection   with   the   performance  of  Contractor’s  or  its  agents'  duties  under  this  Agreement.  

 

11. Successors  and  Assigns.    All  of  the  provisions  of  this  Agreement  shall  be  binding  upon  and   inure  to  the  benefit  of  the  parties  hereto  and  their  respective  heirs,  if  any,  successors,  and   assigns.  

 

12. Choice   of   Law.     The   laws   of   the   state   of   Maryland   shall   govern   the   validity   of   this   Agreement,  the  construction  of  its  terms  and  the  interpretation  of  the  rights  and  duties  of   the  parties  hereto.  

 

13. Arbitration.   Any   controversies   arising   out   of   the   terms   of   this   Agreement   or   its   interpretation   shall   be   settled   in   the   Montgomery   County,   in   the   state   of   Maryland   in  

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accordance  with  the  rules  of  the  American  Arbitration  Association,  and  the  judgment  upon   award  may  be  entered  in  any  court  having  jurisdiction  thereof.      

 

14. Headings.    Section  headings  are  not  to  be  considered  a  part  of  this  Agreement  and  are  not   intended  to  be  a  full  and  accurate  description  of  the  contents  hereof.  

 

15. Waiver.    Waiver  by  one  party  hereto  of  breach  of  any  provision  of  this  Agreement  by  the   other  shall  not  operate  or  be  construed  as  a  continuing  waiver.  

 

16. Assignment.     The   Contractor   shall   not   assign   any   of   its   rights   under   this   Agreement,   or   delegate  the  performance  of  any  of  its  duties  hereunder,  without  the  prior  written  consent   of  the  USCC.  

 

17. Notices.    Any  and  all  notices,  demands,  or  other  communications  required  or  desired  to  be   given   hereunder   by   any   party   shall   be   in   writing   and   shall   be   validly   given   or   made   to   another   party   if   personally   served,   or   if   deposited     in   the   United   States   mail,   certified   or   registered,  postage  prepaid,  return  receipt  requested.    If  such  notice  or  demand  is  served   personally,  notice  shall  be  deemed  constructively  made  at  the  time  of  such  personal  service.     If   such   notice,   demand   or   other   communication   is   given   by   mail,   such   notice   shall   be   conclusively   deemed   given   five   days   after   deposit   thereof   in   the   United   States   mail   addressed   to   the   party   to   whom   such   notice,   demand   or   other   communication   is   to   be   given  as  follows:  

 

If  to  the  Contractor:      

 

If  to  the  USCC:  Lori  Scozzafava,  Executive  Director         United  States  Composting  Council         5400  Grosvenor  Lane      

Bethesda,  MD  20814    

Any  party  hereto  may  change  its  address  for  purposes  of  this  paragraph  by  written  notice   given  in  the  manner  provided  above.  

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15    

18. Modification   or   Amendment.     No   amendment,   change   or   modification   of   this   Agreement   shall  be  valid  unless  in  writing  signed  by  the  parties  hereto.  

 

19. Entire   Understanding.     This   document   and   any   exhibit   attached   constitute   the   entire   understanding   and   agreement   of   the   parties,   and   any   and   all   prior   agreements,   understandings,  and  representations  are  hereby  terminated  and  canceled  in  their  entirety   and  are  of  no  further  force  and  effect.  

 

20. Unenforceability  of  Provisions.    If  any  provision  of  this  Agreement,  or  any  portion  thereof,  is   held   to   be   invalid   and   unenforceable,   then   the   remainder   of   this   Agreement   shall   nevertheless  remain  in  full  force  and  effect.  

 

IN   WITNESS   WHEREOF   the   undersigned   have   executed   this   Agreement   as   of   the   day   and   year  first  written  above.    The  parties  hereto  agree  that  facsimile  signatures  shall  be  as  effective   as  if  originals.  

 

United  States  Composting  Council       Business/  Contact  Name      

 

By:___________________________       By:_________________________________   Its:    Executive  Director   Its:  

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