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HomeMy WebLinkAboutIowa Northland Regional Council of Governments-8/19/2013CONTRACT FOR SERVICES BETWEEN THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND WATERLOO, IOWA The Iowa Northland Regional Council of Governments (Planning Agency) has the expertise to develop Airport Zoning Ordinances and the City of Waterloo (City) wishes to retain the Planning Agency to perform this task for the City of Waterloo. In mutual consideration of the promises set forth in this agreement, it is therefore agreed as follows: SECTION 1. Scope of Services The Planning Agency shall provide the services necessary to create an Airport Zoning Ordinance as set out in the Scope of Services, and Iowa Department of Transportation (IDOT) contract between IDOT and the City, attached to, and made a part of, this document. The Planning Agency shall be responsible for the creation of the draft and final documents, as well as the presentation to the City Council and County Board of Supervisors. The City may adopt the Ordinance by using the process outlined in the attached Scope of Services. SECTION 2. Time of Performance Work under this Contract shall begin on July 9, 2013. Completion is projected for no later than June 30, 2016. Completion date may be extended for a period of up to six (6) months on the written request of Planning Agency and upon a showing by Planning Agency of a good faith effort to complete performance in a timely manner. SECTION 3. Personnel With the exception of legal review by an attorney, the Planning Agency represents that it has, or will acquire, all personnel necessary in performing the services under this Contract. The parties intend that an independent contractor -purchaser of service relationship will be created by this Contract. The City is interested only in the results to be achieved, and the conduct and control of the work will lie solely with the Planning Agency. Neither the Planning Agency nor its employees are to be considered agents or employees of the City for any purpose. SECTION 4. Method of Payment City shall pay Planning Agency for the work under this Contract on the following schedule: a. Monthly progress payments based on time expended by Planning Agency, due on receipt of bill and supporting work progress report. Hourly rate shall range from forty dollars ($40) to eighty dollars ($80), depending on the expertise level required for the completed task. b. Total payments shall not exceed $8,800 unless mutually agreed to in writing in advance. Of this total, $7,480 (85%) will be reimbursed from IDOT and the remaining portion, or $1,320 (15%), will be paid as local match by the Cities of Cedar Falls, Waterloo, and Black Hawk County, the expense of which will be shared equally by the three (3) jurisdictions ($440 each). SECTION 5. Information to be Furnished to the Planning Agency Any and all existing reports, ordinances, base maps, public documents and information necessary for the performance of work under this Contract shall be made available to the Planning Agency by the City upon request. 1 The City shall advise the Planning Agency of the existence of relevant documents. SECTION 6. Designation of Officials 6.1 The City - The Mayor of Waterloo is the official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. 6.2 The Planning Agency - The Executive Director of the Iowa Northland Regional Council of Governments is the contractor official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. SECTION 7. Termination Clause Either party assigned hereto shall have the authority to terminate this Contract, by notifying the other party by registered mail within thirty (30) days of the effective termination date. The Planning Agency will be paid for the time provided and expenses incurred up to the termination date. SECTION 8. Saving Clause Should any provisions of this Contract be deemed unenforceable by a court of law, all of the other provisions shall remain in effect_ SECTION 9. Entire Agreement Statement This Contract contains the entire agreement between the Planning Agency and the City for the purpose of developing an Airport Zoning Ordinance. There are no other written or oral agreements, understandings, or contracts that shall take precedence over the items contained herein, unless they have been made a part of this Contract per Section 6. SECTION 10. Hold Harmless The City shall hold harmless, waive, and indemnify the Planning Agency against all claims, liabilities, and costs, including reasonable attorney fees, of defending any claim or suit, including those by any third party, arising out of the services provided by the Planning Agency, except to the extent caused by the gross negligence or willful misconduct of the Planning Agency or its employees. In no event shall the Planning Agency be liable to the City for lost revenues of the City, or special or consequential damages, even if the Planning Agency has been advised of the possibility of such damages. The Planning Agency's total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to the Planning Agency by the City under this Agreement. PASSED AND APPROVED: IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS WA 00, IOWA Executive Director INRCOG B -H3 Date Mayor Waterloo, Iowa Date 2 WATERLOO AIRPORT ZONING ORDINANCE SCOPE OF SERVICES A. Process: The Iowa Northland Regional Council of Governments (INRCOG) will ask the Cities of Waterloo and Cedar Falls and Black Hawk County to formulate an ad hoc Airport Zoning Ordinance Committee. The purpose of the Committee will be to review and develop a draft Airport Zoning Ordinance for both Cities and the County. This will occur in Committee meetings, and will take into account existing land use in the Cities and County. It is recommended that the Committee be representative of the community, and that the county, city, and general public are well represented. Once a draft Ordinance has been completed, the Airport Zoning Ordinance will be sent back to the Cities and County for review and comment through their Planning and Zoning Commissions and elected bodies. Thereafter, both Cities and the County will consider adoption of the Ordinance in the same fashion they would a zoning ordinance amendment utilizing their respective Planning and Zoning Commission, elected officials, and public input procedures. B_ State of Iowa Requirements: The Airport Zoning Ordinance will be developed in accordance with the Code of Iowa and Federal Aviation Administration guidelines. C. Final Report: The final Ordinance, in written form, will be presented by INRCOG to the City Councils and the County Board of Supervisors. D. Legal Review and Adoption: The Airport Zoning Ordinance shall be submitted to the Waterloo and Cedar Falls City Councils and Black Hawk County Board of Supervisors after completion by INRCOG. The Councils shall hold such public hearing(s) as required by law to adopt the Ordinance. INRCOG will not secure the services of an attorney to provide legal review of this Ordinance. INRCOG will, however, assist the City Attorney(s) or County Attorney, or other attorney selected by the City Council(s), who, at City expense, may provide final review of the Airport Zoning Ordinance prior to adoption. This Scope of Services and attached Contract do not include publication, recording, or codification costs. Said costs are the responsibility of the City of Waterloo, Cedar Falls, and/or Black Hawk County. 3