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Home My WebLink About15-044-IDS-001 Interlocal Agreement fill Ill III II III1 II III III II II � / 201507270194 V After Recording Return to: Skagit County Auditor $76.00 7/27/2015 Page 1 of 5 4:20PM DENISE VAN WYCK CITY OF ANACORTES PUBLIC WORKS 904 6TH STREET PO BOX 547 ANACORTES WA 98221 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF ANACORTES AND WESTERN WASHINGTON UNIVERTY CENTER FOR ECONOMIC AND BUSINESS RESEARCH THIS AGREEMENT is made and entered into by and between the City of Anacortes ("City") and the Western Washington University Center for Economic and Business Research ("WWU CEBR") pursuant to the authority granted by Chapter 39.34 RCW, Interlocal Cooperation Act. 1. PURPOSE The purpose of this agreement is to create a contractual relationship between the City and WWU CEBR for professional services to support the City in preparing its Comprehensive Plan 2016 update. WWU CEBR shall provide research and analysis services in accordance with attached Exhibit A, Scope of Work, and upon completion the City will pay WWU CEBR a fixed price of $6,000.00. WWU CEBR anticipates employing staff members and recruiting volunteer students to fulfill the requirement of this Agreement. For this expense, WWU CEBR will bill the City for their work in accordance with the terms provided hereunder. 2. RESPONSIBILITIES OF THE PARTIES The Responsibilities of the parties to the agreement shall be as follows: A. The City 1. The City shall reimburse the WWU CEBR for their work as described in Exhibit A. 2. The City shall provide WWU CEBR a copy of an economic analysis completed by Makers Architecture & Urban Design, a consultant contracted to work with the City on the Comprehensive Plan. INTERLOCAL AGREEMENT Page 1of5 r , B. WWU CEBR 1. WWU CEBR shall conduct an initial modeling and analysis regarding some key questions pertaining to the City's retail business and growth. Work is detailed under Exhibit A to this Agreement. 2. WWU CEBR shall provide billing statements in accordance with the progress' payment schedule provided below. 3. TERM OF AGREEMENT: The term of this Agreement shall commence upon execution and complete September 30, 2015. 4. MANNER OF FINANCING: The City agrees to pay WWU CEBR a total fixed price of Six Thousand Dollars ($6,000.00) upon completion of the services described in Exhibit A. The following Schedule authorizes progress payments to WWU CEBR at the stated amounts upon satisfactory completion of each activity: Progress Payment Schedule Item Activity Description Amount 1 Complete Initial Modeling &Analysis & Meet with City Staff $3,000.00 to Describe the Base Level Discussions for Consortium Meeting 2 Attend Analytical Discussion/Working Session with $1,000.00 Consortium at Anacortes City Hall 3 Submit Final Report and Analysis Following $2,000.00 Total $6,000.00 Satisfactory completion shall be determined at the sole discretion of the Director of Planning, Community & Economic Development. 5. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 5.1 The City's representative shall be Don Measamer, Director of Planning, Community & Economic Development, and Denise Van Wyck, Grant/Contract Administrator 5.2 WWU CEBR representative shall be James McCafferty, Assistant Director for CEBR. 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to. this Agreement. INTERLOCAL AGREEMENT Page2of5 7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to either party by reason of entering into this contract except as expressly provided herein. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 12. OTHER PROVISIONS: IN WITNESS WHEREOF, the parties have executed this Agreement this I6*4 day of -341.1, 2015. APPROVED: WESTERN WASHINGTON UNIVERSITY CITY OF ANACORTES, SKAGIT COUNTY, CENTER FOR ECONOMIC AND WASHINGTON BUSINESS /R RSEARCH y*4/624 (signature) Laurie Gere, Mayor Title of Signat ry 27 ec , Date: 7 / 3/7.S INTERLOCAL AGREEMENT Page 3 of 5 r i , Attest: 5�ev e. 1- 1 and ,,/§. 2 Q Print Name of Signato' Steve Hoglund, Finance Director WWU CEBR Address: Ap ved as to form: ID.d . k�ox 29 t-1.2-C3 2►v wA. ciV2-2-5. 1g20 Darcy Swe a , Assist nt City Attorney APPROVED AS TO LEGAL FORM: Lisa We xhc s Date Assistant Attorney General • INTERLOCAL AGREEMENT Page 4 of 5 F f INTERLOCAL AGREEMENT BETWEEN THE CITY AND WWU CEBR EXHIBIT A RESPONSIBILITY OF WESTERN WASHINGTON UNIVERSITY CENTER FOR ECONOMIC AND BUSINESS RESEARCH (Reference Project No. 15-044-IDS-001) Under this Agreement WWU CEBR is providing research and analysis services in support of the City of Anacortes Comprehensive Plan (2016 update). WWU CEBR agrees to provide an analytical response to several key questions posed by the City pertinent to existing retail business and planned growth. WWU CEBR will construct initial modeling and analysis from several key questions: Question 1: Does Anacortes have a retail challenge: i. Economic theory and practical application to the City ii. Retail Leakage: realties and perceptions iii. Retail Sales Opportunities unique to Washington iv. Variance Analysis of Anacortes,Washington and select cities Question 2: Can the gaps identified in Question 1 be met by expansion of current businesses? Question 3: Can the gaps identified in Question 1 be met by creation of new business enterprises? Question 4: Historical learning about large retailers and relationships with small retailers—can both exist n partnership? Once WWU CEBR prepares an initial modeling and analysis on the basis of the above key questions, WWU CEBR will discuss with City Staff the content of the analysis and any discussions aids prepared for the forthcoming meeting to be attended by City Council, City Planning Commission, Citizens Advisory Committee,WWU CEBR and the public. The City will schedule and coordinate the Meeting with WWU CEBR representative. An informal presentation be provided by WWU CEBR explaining the results of its analysis as a means to open a question and answer session. This Meeting is intended to be a working session and ideally the group will agree upon some direction regarding future goals for City retail business. Following the Meeting, WWU CEBR will prepare a final report including any data tables prepared intended to assist the City in reaching doctrinal objectives for its 2016 Comprehensive Plan. INTERLOCAL AGREEMENT Page 5 of 5