User:Randyfisher/Contracts/Training Services

Business Services Agreement for Online workshop facilitation for the Learning4Content project

This Agreement is made on the 28th day of October 2010

BETWEEN THE FOLLOWING PARTIES

1. Open Education Resource Foundation Limited (“OERF”); a body incorporated under the New Zealand Companies Act of 1993.

2. Randy Fisher (“The Supplier”), iCentro, Canada. (email: to be provided)

BACKGROUND

The OERF seeks to engage the Supplier to provide facilitation support for onlineLearning4Content workshops in WikiEducator.

AGREEMENT

1. Interpretation

1.1. In this Agreement:

• “you” or “your” means Randy Fisher

• “we”, “our”, or “us” means the OERF

2. Term

2.1. This Agreement will begin upon signature and finish on 31 July 2011.

3. Services to be provided:

3.1. You will provide Lead facilitator and support for one (1) online Learning4Content workshop:

• Confirm dates of the workshops to be facilitated under this service agreement prior to the commencement of the workshop.
• Promote and recruit participants prior to the workshop aiming to achieve a minimum of 45 participants per workshop.
• Maintain and update the participant list on the wiki for the corresponding workshop, ensuring that the participant list contains: full names, gender, organisation, position and record of learning contracts submitted. The participant list should include links to individual user pages where appropriate.
• Monitor and collect learning submitted online by participants.
• Provide facilitation support and guidance on basic wiki skills for registered participants, where possible to achieve the WikiEducator certification of WikiApprentice Level 2 or Wikibuddy.
• Monitor and respond to posts on the discussion list and relevant wiki pages.
• Monitor progress of participants awarding WikiMaster certifications as participants progress during the workshop.
• 5 days after closure of the workshop audit the WikiMaster certifications of participants and adjust if necessary.
• Provide a brief and concise facilitator's report linked from the relevant workshop page in WikiEducator. The report should summarise demographic information, including the certifications achieved and facilitator reflections on the workshop.

3.2. Deliverables and Timelines

• The duration of the above service provisioning will commence upon signature until 31 July 2011.

3.3. We will provide:

• Access to WikiEducator training materials
• Access to the WikiEducator website
• Confirmation of the selected dates for the workshops
• Your contact for all matters pertaining to this contract will be Wayne Mackintosh (email: wayne@oerfoundation.org)

4. Payment and invoices

4.1 We will pay to you in respect of the provision of the services as set out above according at the following rates:

• USD800 per prior approved online Learning4Content workshop, invoiced in arrears.
• On receipt of an invoice (for each instalment).
• The invoice should reference this contract, and contain the name and address of the payee, the fee due under the contract, payee’s bank name, bank address, bank number, account name, account number and bank SWIFT code to facilitate the transfer of funds.
• We will arrange payment by direct wire transfer of as per fee structure contained herein.
• f the Provider fails to deliver any or all services as specified in Section 3 within the time period(s) specified in the contract, we reserve the right to amend the fee due under the contract by mutual negotiation.

5. Reporting Procedures

5.1. The Provider will report to OERF every quarter on the status of the above mentioned activities. The report should take the format of a brief email covering:

• conduct of activities since last report;
• schedule of activities in the next reporting period; and
• issues or problems.

6. Specific Terms

6.1 Intellectual Property

• As a contractor to OERF any inventions, ideas, know-how and/or techniques relating to anything developed by you in the course of this Agreement should be licensed under a Creative Commons Attribution license or software license approved by the Open Source Initiative where appropriate. Note: Any claims over interests in a student’s work must be agreed and specified prior to the students’ engagement in the activity.

7. Standard Terms

As the sole shareholder of the OERF, Otago Polytechnic's standard Terms for Acquiring Services are attached as Appendix 1 and form part of this Agreement. If there is any inconsistency between those terms and the terms set out above then the terms set out above prevail. To indicate your acceptance of this task and the associated terms and conditions, please sign this letter where indicated and return a signed copy to OERF using facsimile number +64 3 471 6869.

SIGNATURES

Signed for and on behalf of )

the Open Education )

Resource Foundation Ltd ) 29 October 2010

Dr Robin Day

Board of Directors

Signed by Randy Fisher, ) Consultant )

)

Signature Date

Standard Terms for Acquiring Services

1 Services

1.1 All services must be carried out with care and skill to a professional standard, and meet the purposes and requirements of Otago Polytechnic. The Supplier must ensure that the services are carried out in accordance with all legal requirements and the Otago Polytechnic's rules and directions.

1.2 The Supplier must conform to the Health and Safety policy and procedures of the Otago Polytechnic wherever relevant.

2 Confidentiality

2.1 This Agreement is confidential to Otago Polytechnic and the Supplier. Both agree not to disclose its contents to anyone except with the prior written consent of the other.

2.2 All trade and professional secrets supplied to the Supplier by Otago Polytechnic remain the property of Otago Polytechnic. Otago Polytechnic and the Supplier agree not to disclose to anyone any confidential information which may be revealed by one to the other for the purpose of carrying out this Agreement.

3 Relationship

Nothing contained in this Agreement constitutes Otago Polytechnic or the Supplier as the agent, legal representative, partner, joint venturer or employee of the other. Neither of them has the right to bind the other in any way.

4 Rights to inventions and developments

Any inventions, ideas, know-how and/or techniques relating to anything developed by Otago Polytechnic, the Supplier, or both of them, in the course of this Agreement are the property of the developer or developers.

5 Goods and Services Tax

2 All prices and charges are expressed in New Zealand currency, unless otherwise stated in this Agreement, and any Government imposed levies, surcharges or taxes are additional to the prices stated.

6 Ending this Agreement

6.1 Otago Polytechnic may end this Agreement by giving 7 days notice in writing to the Supplier if the Supplier breaches any term of this Agreement and fails to remedy the breach within 7 days after receiving notice in writing from Otago Polytechnic requiring the breach to be remedied.

6.2 In the case of a breach of Health and Safety policy, procedure, legislation or regulations then the Otago Polytechnic may terminate the agreement immediately.

6.3 The ending of this Agreement is without prejudice to any other rights and remedies of Otago Polytechnic arising out of any default which occurs before the end of the Agreement.

7 Waiver

No waiver of any breach of this Agreement is deemed to be a waiver of any other or any subsequent breach. The failure of Otago Polytechnic to enforce any provision of this Agreement at any time is not a waiver of this provision.

8 Assignment

Neither party may assign its rights under this Agreement without the prior written consent of the other.

9 Each term separately binding

Each term of this Agreement is separately binding. If for any reason Otago Polytechnic cannot rely on any term, all other terms remain binding.

10 Choice of law and choice of forum

10.1 This Agreement is made in New Zealand and its construction, validity and performance is determined under New Zealand law. Any dispute, which is to be litigated, is to be submitted to a New Zealand court.

10.2 It is agreed that for the purposes of determining the Court at which any action shall be heard that any such cause of action is deemed to have arisen at the Dunedin office of Otago Polytechnic with the intent that all legal proceedings concerning this Agreement shall be commenced and heard at the District Court or High Court at Dunedin.

11 Entire Agreement

This Agreement constitutes the entire agreement between Otago Polytechnic and the Supplier.