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HomeMy WebLinkAboutBlack Hawk County Iowa-2/4/2013MEMORANDUM OF AGREEMENT for GOVERNMENTAL SERVICES This Memorandum of Agreement ("MOA") is made and entered by and between Black Hawk County, Iowa ("County"), and the City of Waterloo, Iowa ("City"), effective as of Feb 1,2013. WHEREAS, County and City are public agencies and desire to enter into an agreement whereby City, as agreed to by the parties from time to time, will furnish various technical and professional services to the County; and City has indicated its willingness to provide such technical and professional services to County. NOW, THEREFORE, the parties mutually agree as follows: 1. PRIOR AGREEMENTS. The parties acknowledge that they previously may have entered into one or more agreements whereby City provides services to County. This MOA supersedes any previous agreement, arrangement, memorandum, or understanding with respect to services for building inspection, planning and zoning administration, code enforcement and E911 address issuance. As of the effective date of this MOA, all such prior agreements are terminated and have no further force or effect. 2. SCOPE OF SERVICES. City agrees to perform in a good and professional manner, as an independent contractor, the services described in one or more addenda attached hereto, or that may in the future be attached hereto. Each addendum shall be in force as of the effective date set forth therein and shall continue in effect until said addendum or this MOA is terminated, whichever occurs first. 3. MATERIALS TO BE PROVIDED BY COUNTY. In the event that any information, data, reports, records, maps or other materials are needed by City to effectively carry out the services contemplated by this MOA, County shall promptly furnish same to City without cost or expense to City. City will provide at its own expense all equipment and tools needed for its personnel to provide the agreed-upon services, subject to reimbursement for costs of usage as set forth in one or more addenda hereto. 4. MEETINGS AND REPORTS. Upon reasonable advance notice, which generally shall be not less than seventy-two (72) hours, City and County agree to attend meetings during the term of this MOA, as requested by either the County or City, to discuss the services provided under this MOA and performance issues relating thereto, to provide reports germane to said services, and otherwise to address any matter of mutual concern under this MOA. 5. SUBCONTRACTORS. City may elect to use subcontractors to perform certain portions of the services. City shall remain responsible for all services provided under this MOA. 6. LEGAL NOTICES. County shall be responsible for posting of any and all legal notices for which posting is required to be made at the county courthouse. City may choose to post additional notices at city hall for county meetings to be held at city hall. 7. CHANGES. Any changes to this MOA, including but not limited to the Scope of Services or the amount of compensation, shall require the prior written consent of both parties. 8. COMPENSATION AND PAYMENT. City shall be entitled to compensation for its services on the terms set forth in each addendum to this MOA. Generally, City shall invoice County monthly for services provided in the preceding month, and County shall remit payment within thirty (30) days after having received an invoice. City's invoices or related reports shall contain reasonable description and/or itemization of the services provided. Each year during the term of this MOA, the fees, costs and mileage rates charged by schedule under any given addendum may be adjusted in accordance with an updated written schedule provided by City to County. Unless specifically rejected by County in writing within twenty-one (21) days of receipt, such schedule shall be effective, and shall be deemed incorporated into this addendum by reference as though set forth in full herein, as of the first day of the first month following expiration of the period for rejection. Rejection of the City's updated schedule will have the same effect as delivery of notice of termination of the addendum to which the schedule pertains. A schedule may not be updated more than once in any calendar year. 9. INSURANCE. The provisions of Attachment A, "Minimum Insurance Requirements," are hereby incorporated by reference. 10. TIME OF PERFORMANCE; DELAYS. The services of City hereunder shall, except for causes beyond City's reasonable control, be completed in a timely manner. 11. ENTIRE AGREEMENT. This MOA constitutes the entire agreement between the parties. No representation, warranties, undertakings, or promises, except as set forth in this MOA, have been made by either party hereto. 12. TERMINATION OF AGREEMENT OR ADDENDUM. This MOA, or any separate addendum hereto, may be terminated by either party upon thirty (30) days' advance written notice. In the event of termination, City shall be compensated for all services performed through the date of termination. Each party shall retain in its control that property which it brought into the relationship. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement by their duly authorized officers as of the dates set forth below. [signatures on next page] 2 BLACK HAWK COUNTY By:4 Frank Magsamen, Chair Board of Supervisors CITY OF W_TERLOO By: Ernest G. Clark, Mayor Attes Attest: Suzy Schar , City Clerk Grant Veeder, County Auditor Date: o-Zi� t3 3 Date: 41+ 12'0(3 (3 ADDENDUM Subject matter: Code Enforcement Services Effective date: _Feb 1, 2013 This is an addendum to the Memorandum of Agreement for Governmental Services ("MOA") by and between Black Hawk County, Iowa ("County") and the City of Waterloo, Iowa ("City"). The parties intend this addendum to supplement the terms of the MOA and, to the extent not inconsistent herewith, to be subject to the terms and conditions of the MOA. 1. Services. City shall provide code enforcement services in all areas of Black Hawk County within County's jurisdiction, but not in any area that is subject to the jurisdiction of City or another municipality. Said services will be provided on an "as needed, as requested" basis Monday through Friday during regular business hours, and also during non -business hours upon special request. Services shall generally consist of inspections, citation issuance, court testimony, cleanups, and other actions to enforce County's interest as expressed in the following titles, chapters or sections of County's code of ordinances: Title I, Chapter 2 - County Infractions Title III, Chapter 2 - Litter Control Title III, Chapter 3 - Nuisance Title III, Chapter 5 - Hazardous Substance Title IV, Chapter 1 - Garbage, Refuse and Yard Waste Title IV, Chapter 2 - Snow and Ice Removal Title IV, Chapter 3 — Rural Water District and Regulations — Washburn Title IV, Chapter 5 — Regulating Public and Private Sewers -Washburn 2. Service Authorizations. Services hereunder are provided as requested or authorized by the County Maintenance Superintendent, or such other person designated by resolution of the Board of Supervisors. City shall not perform, or contract with any third party to perform, services to clean up properties, abate nuisances, or otherwise to remedy property conditions that are in violation of applicable law or ordinance unless expressly authorized by the County in advance, including maximum dollar amount of authorized expenditure. City will be reimbursed for site cleanups on a time, mileage and materials basis as provided in paragraph 3 below. 3. Reports. At least monthly, City shall provide a report to County containing the following information with respect to each service call: • Address of property, and name of owner • Date and time service was requested • Name of person requesting service • Date service provided and time spent • Total cost of service, with itemization consisting of: (a) time spent, including travel time, multiplied by the hourly rate specified herein, (b) mileage at the rate per mile specified herein, and (c) materials or any other special costs or expenses directly related to the service call. 4. Fees for Services. City shall bill County for all services provided under this addendum as follows: For services provided as an "as needed, as requested" basis during normal business hours Monday through Friday, and for services provided during non -business hours upon special request of County, City shall charge an hourly rate as set forth on the fee schedule attached hereto and by this reference made a part hereof, plus costs and expenses actually incurred by City in providing said services and mileage at a rate specified in the schedule attached hereto. The schedule may be updated from time to time as provided in the MOA. BLACK HAWK COUNTY, IOWA CITY OF TERLOO, IOWA By:9:"416404.074" Frank Magsamen, Chair Board of Supervisors Attest: Grant Veeder, County Auditor Code Enforcement Addendum 2 By: Ernest G. Clark, Mayor Attest: -_ Suzy Schares Hourly rates a. Normal business hours b. Non -business hours c. Sundays Mileage rate Rate Schedule Code Enforcement Services $ 50.00 $ 75.00 $100.00 All service calls IRS standard rate for business miles, as set by the IRS from time to time Administrative fee $20 for each site-specific response, including first inspection, re -inspections and court appearances relating to the same citation. Later responses to the same property for different citations and related activities will be subject to a separate administrative fee. ADDENDUM Subject matter: Building Inspection Services Effective date: Feb 1, 2013 This is an addendum to the Memorandum of Agreement for Governmental Services ("MOA") by and between Black Hawk County, Iowa ("County") and the City of Waterloo, Iowa ("City"). The parties intend this addendum to supplement the terms of the MOA and, to the extent not inconsistent herewith, to be subject to the terms and conditions of the MOA. 1. Services. City shall provide building inspection services (including but not limited to general building, plumbing, electrical and mechanical) in all areas of Black Hawk County within County's jurisdiction, but not in any area that is subject to the jurisdiction of City or another municipality. Said services will be provided on an "as needed" basis Monday through Friday during regular business hours, and also during non -business hours upon special request. Services shall generally consist of permit review and issuance, inspections, issuance of stop work orders and citations, court testimony, and other actions to enforce County's interest as expressed in the titles, chapters or sections of County's code of ordinances that set forth standards and requirements for building, plumbing, electrical and mechanical work. The City Building Official is also hereby designated and authorized to serve as the County Building Official during the term of this addendum. However, the City Building Official shall inform the County Building Superintendent as to all actions (pertaining to Black Hawk County) taken by the City Building Official. 2. Fees for Services. City shall bill County for all services provided under this addendum as follows: For services provided as an "as needed" basis during normal business hours Monday through Friday, and for services provided during non -business hours upon special request of County, City shall charge an hourly rate as set forth on the fee schedule attached hereto and by this reference made a part hereof, plus costs and expenses actually incurred by City in providing said services and mileage at a rate specified in the schedule attached hereto. The schedule may be updated from time to time as provided in the MOA. BLACK HAWK COUNTY, IOWA CITY OF W • TERLOO, IOWA f Frank Magsamen, Chair Board of Supervisors.. Attest: - Grant Veeder, County Auditor By: Ernest G. Clark, Mayor Attest:_ _ Suzy Schars, City Clerk Rate Schedule Building Inspection Services Hourly rate a. Building Official b. Inspector /Plan Review/ Permit Writer c. Secretary d. After-hours inspection $52.00 $45.00 $35.00 $50.00 (2 -hour minimum charge) Mileage rate: IRS standard rate for business miles, as set by the IRS from time to time ADDENDUM Subject matter: Planning and Zoning Administration Effective date: Feb 1, 2013 This is an addendum to the Memorandum of Agreement for Governmental Services ("MOA") by and between Black Hawk County, Iowa ("County") and the City of Waterloo, Iowa ("City"). The parties intend this addendum to supplement the terms of the MOA and, to the extent not inconsistent herewith, to be subject to the terms and conditions of the MOA. 1. Services. City shall provide planning and zoning administration services in all areas of Black Hawk County within County's sole or concurrent jurisdiction, but not in any area that is subject to the sole jurisdiction of City or another municipality. Said services will be provided on an "as needed" basis Monday through Friday during regular business hours, and also during non -business hours upon special request. Services shall generally consist of plan review and approval, preparation and presentation of reports, attendance at meetings of the planning and zoning commission and related bodies, and other actions necessary or advisable to administer and enforce County's interest as expressed in the following titles, chapters or sections of County's code of ordinances: a. Agricultural Land Preservation and Zoning Ordinance b. Subdivision Ordinance c. Title II, Chapter 4, Vacation of Plats d. Other ordinances applicable to planning and zoning administration 2. Fees for Services. City shall bill County for all services provided under this addendum as follows: City shall charge an hourly rate as set forth on the fee schedule attached hereto and by this reference made a part hereof, plus costs and expenses actually incurred by City in providing said services and mileage at a rate specified in the schedule attached hereto. The schedule may be updated from time to time as provided in the MOA. BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA By: 'di --11404, 0111,44torok-- Frank Magsamen, Chair Board of Supervisof� r Attest: �i Grant Veeder, County Auditor By: rnest G. Clark, Mayor Suzy Scha es, City Clerk Attest., Rate Schedule Planning and Zoning Administration Services Hourly rates a. Community Planning & Development Director b. City Planner c. Planner II d. Associate Planner e. Administrative Secretary $49.80 $40.66 $39.70 $34.02 $34.12 Mileage rate: IRS standard rate for business miles, as set by the IRS from time to time ADDENDUM Subject matter: Issuance of E911 Addresses Effective date: Feb 1, 2013 This is an addendum to the Memorandum of Agreement for Governmental Services ("MOA") by and between Black Hawk County, Iowa ("County") and the City of Waterloo, Iowa ("City"). The parties intend this addendum to supplement the terms of the MOA and, to the extent not inconsistent herewith, to be subject to the terms and conditions of the MOA. 1. Services. City shall provide services in connection with issuance of E911 addresses in all areas of Black Hawk County within County's jurisdiction, but not in any area that is subject to the jurisdiction of City or another municipality. Said services will be provided on an "as needed" basis Monday through Friday during regular business hours. Services shall generally consist of review of requests and issuance of addresses in a manner consistent and harmonious with address and numbering schemes in effect at the time of issuance. 2. Fees for Services. City shall bill County for all services provided under this addendum at an hourly rate to be adopted by City from time to time. BLACK HAWK COUNTY, IOWA CITY OF i ATERLOO, IOWA By:e".014 07aff- 014 I � Frank Magsamen, Chair Board of Supervisors Attest: 47;C Grant Veeder, County Auditor By: rnest G. Clark, Mayor Attest: Suzy Schares; City Clerk ATTACHMENT A MINIMUM INSURANCE REQUIREMENTS A. At all times during the agreement term the City will carry and maintain, at the City's expense, the following insurance: 1. Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to Liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit /Two Million Dollars ($2,000,000) general aggregate. 2. Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 3. Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. B. The City will be required to carry public official Liability coverage with a limit for each claim of not less than One Million Dollars ($1,000,000). C. Coverage must be maintained by a fmancially stable carrier with a minimum AM Best rating of A-. D. The City shall agree to the following: 1. Black Hawk County will be named as an additional insured with respect to all casualty insurance policies. 2. Certificate of insurance will be submitted to the PAMS prior to commencement of the agreement and shall include a thirty -day notice of cancellation provision. 3. Hold Harmless Agreement — The City shall indemnify and hold harmless Black Hawk County, its agents and employees, from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense: a. is attributable to bodily injury, sickness, disease or death, or the damage or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and b. is caused in whole or in part by any negligent act or omission of the City or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, but City shall not be liable for any claims, damages, losses, or expenses attributable to the acts or omissions of Black Hawk County, its agents and employees, and c. is not covered by insurance carried by City.