WHATCOM COUNTY CONTRACT INFORMATION SHEET. Executive Otlice

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1 Originating Department: Contract Administrator: (,/ (, ((~ SC~NNE.O~ WHATCOM COUNTY CONTRACT INFORMATION SHEET Executive Otlice TawniHelms WhatcomCounty Contract No..2 0/30.50(' r~ali\;.#<>~ ",!tj.j Contractor's / Agency Name: Whatcom Council of Governments (WCOG) Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes - No -..L Yes.x, No - If Amendment or Renewal, Original Contract # Does contract require Council Approval? Yes - No -..L Is this a grant agreement? Yes - No _x_ If yes, grantor agency contract number(s) CFDA# County Grant Administrator Extension #: Is this contract grant funded? Yes - No x If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes - No x If yes, RFP and Bid number(s) Cost Center: Professional Service Contracts may require the E-Verify clause. Indicate if any ofthe following exemptions apply: o Professional services agreement for certified/licensed professional DContract less than $100,000. DContract for Commercial off the shelf items (COTS) DContract work is all performed outside U.S. DWork related subcontract less than $25,000. x Interlocal Agreement (between Govt's) o Public Works - Local Agencv/Federallv Funded FHWA ContractAmount:(sumof orig contract amt and any prior amendments) $ 12,500. This AmendmentAmount: $ Total AmendedAmount: $ Contractsthat require CouncilApproval (incl. agenda bill & memo) ProfessionalServicesAgreementabove $15,000. Bid is more than $35,000. Amendments that have either an increase greater than 10% or Provide a $10,000 increase in amount (whicheveris greater) RENEWALS: Revieworiginal contract for pre-authorization of renewals. If renewal amount is not authorized in original contract and exceeds the above threshold(s) submit for Council approval. Contractbelow thresholdssubmit to Exec Office w/memo for approval. Summary of Scope: WCOG will administer and oversee the preparation and ongoing maintenance ofan updated Whatcom County Comprehensive Economic Development Strategy (CEDS) Term ofcontract: 5 years Expiration Date: June 30, Contract Routmg Steps & Signoff: [SIgnor Imtlall [mdicate date transmitted] 1. Prepared by: t=w~h"-.,...,...,..--,,.,.--t- Date OS/21/13 [electronic] 2. Attorney reviewed:. 'tj.ni,d ~.6; Date b3/~jk; [electronic] 3. AS Finance reviewed:~...,,-,n~h~~ Date..s/~.. [electronic] 4. IT reviewed ifit related Date [electronic] 5. Corrections made: Date~_-::-'-O=--""""1-';:--"""--:-= _ [electronic] hard copy printed 6. Attorney signoff: tjo~ /l jj;j;ji-.,.j Date 0;/:;..'/13 7. Contractor signed: ' Date 8. Submitted to Exec Office./ Date--:sO=-I'~-::-::~--:7r:/''''''3--[summary via electronic; hardcopies] 9. Council approved (ifnece-ss-a-ry""")-~---- Date 0 ~ Executive signed:...,., Date '-5"~/3 11. Contractor Origina l R""e--:tu-r...:n-e'd't,--o-d e-p...,.t-;--v"'- Date,-'i County Original to Council...- Date b -k -/3 Last Edited 5/1/13

2 COUNTY ORIGINAL INTERLOCAL AGREEMENT BYAND BETWEEN WHATCOM COUNTYAND THE WHATCOM COUNCIL OFGOVERNMENTS WHATCOM COUNTY CONTRACT NO. czol30so 1/ REGARDING PREPARATION AND ONGOING MAINTENANCEOF A COMPREHENSIVE ECONOMICDEVELOPMENT STRATEGY (CEDS) FOR WHATCOM COUNTY This Interlocal Agreement by and between the government of Whatcom County (hereinafter, "the County") and the Whatcom Council of Governments (hereinafter, "WCOG") - hereinafter together referred to as "the Parties" - is entered into pursuant to the provisions of Chapter RCW for the purposes carrying out economic development planning for the entirety of Whatcom County, including the seven (7) incorporated cities within its boundaries. WHEREAS, the current Comprehensive Economic Development Strategy (2002 CEDs) was prepared by the Port of Bellingham and adopted by the Whatcom County Council in October 2002, but was not updated within five years of its adoption nor since, rendering it invalid by the U.S. Economic Development Administration (EDA),and WHEREAS, an EDA-approved CEDs is required for local governments to be eligible to receive certain federal funding for public works projects, and WHEREAS, the County desires to have the 2002 CE;Ds updated, and WHEREAS, WCOG has agreed to administer and oversee the preparation and ongoing maintenance of an updated Whatcom County CEDs. NOW, THEREFORE, IT ISAGREED THAT the government of Whatcom County and the Whatcom Council of Governments agree to work together to update the 2002 CEDs and maintain it, as follows: Section 1. Program Responsbilities WCOG agrees to provide staff support and hire qualified subcontractors as deemed necessary to update the 2002 CEDs for Whatcom County such that it will satisfy the requirements of the EDA. The anticipated period of performance for preparation of the CEDs is one (1) year, not including time required by the County and EDAfor review of the final draft document. The County agrees to provide timely input, feedback and background information throughout the development of the CEDs, including geographic information system (GIS) and other relevant data held by the County. WCOGfurther agrees to maintain the CEDs for a period of four (4) state fiscal years following its acceptance by EDA, including annually preparing the required CEDs Performance Report and updating the CEDs Project List. Section 2. Funding The cost to update the 2002 CEDs will not exceed Twelve Thousand Five Hundred Dollars ($12,500), which will fund WCOG staff and administrative costs as well as consultants that may be engaged to perform tasks or to provide technical assistance in the preparation of the CEDs. The County agrees to reimburse WCOG following the latter's submittal to the County of invoices documenting staff hours expended, consultant costs and other direct expenses, including but not limited to photocopies, travel, etc., in an amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500). Following adoption of the CEDs by the County Council and its acceptance by EDA, WCOG will maintain it for a period of four (4) state fiscal years, to be funded through the County's normal annual dues to WCOG, i.e., at no additional cost to the County.

3 section 3. Administrative Responsibilities The County administrative officer for the purpose of this Agreement is: Jack Louws, County Executive Whatcom County Courthouse 311 Grand Avenue Bellingham, WA The WCOG administrative officer for the purpose of this Agreement is: Robert H. Wilson, Executive Director Whatcom Council of Governments 314 East Champion Street Bellingham, WA Section 4. Public Involvement WCOG will establish a CEDS Steering Committee consistent with the requirements ofthe Grant to oversee and provide policy guidance in the preparation of the CEDS. This committee shall include representation from the private sector, elected and other public officials, community and economic development organizations, workforce and training agencies, institutions of higher education, labor groups, tribes, minority and special interest groups, and others as appropriate. Section 5. Effective Date, Duration, Amendment and Termination This Agreement shall be effective five (5) days after its approval and signature by the Whatcom County Executive and the Executive Director ofthe Whatcom Council of Governments and shall remain in effect until June 30, This agreement can be terminated, amended or extended by mutual agreement of the Parties. Section 6. Relationship of the Parties The Parties agree that they are each an independent entity operating pursuant to the terms and conditions of this Agreement. No agent, employee or representative of any party shall be deemed to be an agent, employee or representative of any other party for any purpose. Each party shall be solely and entirely responsible for the acts of its agents and employees during the term ofthis Agreement. Section 7. Indemnification Each party, as an indemnitor, agrees to protect, defend, hold harmless and indemnify the other party from and against all claims, suits and actions arising from the intentional or negligent acts or omissions of such indemnitor, its agents or employees in the performance of this Agreement. Section 8. Extent of Agreement This Agreement contains all of the terms and conditions agreed upon by the Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement.

4 IN WITNESS THEREOF, the Parties have signed this agreement, effective on the dates indicated below. Approved as to form: f)a~ t. fjd:byv Whatcom County Prosecutor STATE OF WASHINGTON County of Whatcom ) ) ss ) 5~ day of ~, 2013, before me personally appeared JACK LOUWS, to On this me known to be the EXECUTIVE F WHATCOM COUNTY, and who executed the above Instrument and who acknowledged to me the act of signing and sealing thereof. Whatcom Council of Governments By~?r~/,~~ Robert H. Wilson, Executive Director Date STATE OF WASHINGTON ) ) ss County of Whatcom ) On this 51i. day of ~, 2013, before me personally appeared ROBERT H. WILSON,to me known to be the~ecutive DIRECTOR ofthe WHATCOM COUNCIL OF GOVERNMENTS, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. _-""," [. ~ ~....!h.. ~I L~ NOTARY~for the State of Washington residing at Bellingham. My appointment expires: /2. -.3r-I ~

5 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA Jack Louws County Executive MEMORANDUM TO: FROM: RE: Jack Louws, County Executive Tawni Helms, Administrative Coordinator Comprehensive Economic Development Strategy (CEDS) DATE: May 21,2013 Enclosed are two (2) originals of an interlocal agreement between Whatcom County and Whatcom Council of Governments for your review and signature. Background and Purpose The current Comprehensive Economic Development Strategy was prepared by the Port of Bellingham and adopted by the Whatcom County Council in The CEDS has not been updated since. However, the companion CEDS Project List was updated every two years and was last updated in 2010 by the Northwest Economic Council. Whatcom Council of Governments (WCOG) agrees to administer and oversee the preparation and ongoing maintenance of an updated Whatcom County CEDS. WCOG further agrees to maintain the CEDS for a period of 4 state fiscal years following its acceptance by the Economic Development Association (EDA), including annually preparing the required CEDS Performance Report and updating the CEDS Project List. Funding Amount and Source Funding in the amount of $12,500 for this service will come from the EDI Fund. Budget authority is provided through the Economic Development Consortium cost center Please contact Tawni Helms at extension if you have any questions or concerns regarding the terms of this agreement. Enclosures Office (360) County (360) FAX (360) TDD (360)

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