Loading...
HomeMy WebLinkAbout000265 Original Contractb. The interns shall: AGREEMENT BETWEEN PENINSULA COLLEGE AND CITY OF PORT ANGELES 1 City of Port Angeles Record #00265 This Agreement made and entered into this 19 day of h,Cemben.. 2011, by and between the Peninsula College, an agency of the State of Washington, hereinafter referred to as the "College" and the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter referred to as the "City Subsequent reference to the College and the City, in a collective sense, shall be by the use of the term "Parties WHEREAS, the City, exercising its authority to encourage economic development within the City, has made arrangements to allow local businesses and potential new businesses to access data available from the Buxton Company using their Buxton's SCOUT® for Retailers software; and WHEREAS, for the purpose of assisting businesses and prospective businesses within the City in gaining the most useful information from the Buxton data, the College can make available to those businesses and prospective businesses interns who are trained in the use of Buxton's SCOUT® software, NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1. Term. The term of this Agreement shall be effective for six months from and after December 19, 2011. 2. Purpose. The purpose of this Agreement is to encourage economic development within the City by assisting managers, owners and prospective owners of businesses within the City to increase their businesses by using the information available through Buxton's data and SCOUT® software. 3. The College agrees to the following: a. The College will be responsible for employing interns to carry out the purposes of this Agreement and will provide all facilities, computers and equipment necessary for the interns to perform the services intended in this Agreement. Professionally engage with owners, managers and representatives of Port Angeles businesses Demonstrate familiarity and working knowledge of SCOUT® Software Schedule appointments with local business representatives Effectively communicate capabilities of SCOUT® software Interpret and distill questions and comments into SCOUT® software inquiries Prepare and produce SCOUT® reports for local businesses Make presentations to Retail Sector Group Committee Perform other special economic development and planning projects as requested by the City. c. The College will send an invoice to the City each month for the hours devoted to the performance of this Agreement that month. 4. The City agrees to the following: a. City will appoint one or more employees to participate with the College's project manager, Linty Hopie, Director of Business and Community Education in interviewing and selecting the interns to perform services under this Agreement. b. Within 30 days after receiving a verified invoice, the City will reimburse the College for intern and staff hours devoted to performance under this Agreement in accordance with Exhibit A. 5. Status. This Agreement is solely for the benefit of the parties hereto and gives no right to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. The interns are not agents or employees of the City. The College is solely responsible for management, supervision, and control of the interns. 6. Indemnification. Each party hereto agrees to be responsible and assumes liability for the acts and omissions of its officers, agents, elected officials or employees to the fullest extent required by the law, and agrees to save, indemnify, defend arid hold the other party harmless from any such liability. In the case of concurrent negligence of both, the College and the City, each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 7. Representation. No separate legal entity is created by this Agreement. The performance of this Agreement shall be administered by a joint board consisting of one representative of the City and one representative of the College. The representative of the College shall be Linty Hopie, and the City's representative shall be Nathan West. 8. Financing and Budget. Financing for this Agreement and a budget therefore has already been establish by the City. 9. Property. If any real or personal property is used in the performance of this Agreement, it shall be owned, held and controlled separately by the party that uses or acquires the property, and the other shall have no interest in the property. 10. Listing. Pursuant to RCW 39.34.040, this Agreement shall be listed on the City's web site. DATED this 19 day of tet.e rnbe CITY OF PORT ANGELES PENINS COLLEGE By: C=� By: City Mana Kent Myers Approve as to form: By: ill m E. Bloor, City Attorney anessa Hurd, City Clerk 2011. Deborah Frazier, C \Documents and Settings \wbloor\Local Settings \Temporary Internet Files \Content Outlook\ 990MOT71 \PeninsulaCollegelntern Buxton 11 10 11 wpd "ice i-sident Exhibit A Reimbursement Schedule The City will reimburse for intern hours devoted to the performance of this Agreement in 2012: $10.85 per hour, the City shall not be obligated to reimburse the College for more than 240 hours in total, unless the City delivers to the College a written waiver of the hour limit. The parties estimate that the College will devote 80 hours of administrative staff time to the performance of this Agreement. The City will reimburse Peninsula College for administrative staff hours devoted to the performance of this Agreement at a rate of $13.02 per hour, provided that the City's reimbursement for administrative staff hours shall not exceed $500 in total. The City shall not be obligated to reimburse the College in any amount greater than S3,104.00 in total. 3