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HomeMy WebLinkAboutIowa Northland Regional Council of Governments-10/24/2016CONTRACT 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 update Housing Needs Assessments and the City of Waterloo (City) wishes to retain the Planning Agency to update their Assessment. 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 update the existing Housing Needs Assessment as set out in the Scope of Services attached to, and made a part of, this document. The Planning Agency shall be responsible for the creation of the draft document, facilitating the review/evaluation meetings, and the development of the new Plan. SECTION 2. Time of Performance Work under this Contract shall begin on January 1, 2017. Completion is projected for no later than December 31st, 2017. The 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. The hourly rate shall be the established figure for each employee working on the project. b. Total payments shall not exceed twenty thousand dollars ($20,000) unless mutually agreed to in writing in advance. 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. The City shall advise the Planning Agency of the existence of relevant documents. 1 SECTION 6. Amendments Any amendments or changes to this Contract must be in writing and mutually agreed to by both the City and the Planning Agency. 6.1 The City - The Mayor of the City 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 through 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 updating their Housing Needs Assessment. 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: CITY OF WATERLOO, IOWA Mayor Waterloo, Iowa 1'/z At/ IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS Executive Director INRCOG Date Date 2 WATERLOO, IOWA HOUSING NEEDS ASSESSMENT (HNA) PLAN UPDATE SCOPE OF SERVICES A. INRCOG Proposal The Scope of work shall include the following tasks and will outline the process, preparation, and presentation elements thereof. 1. Creation of a Housing Task force that will guide the development of the HNA. Meetings of the Task Force, as appropriate, shall be held and each meeting will adhere to the Iowa Open Meetings requirements. INRCOG will work with the City to conduct all meetings. 2. Existing Housing Background information shall be gathered and assembled by INRCOG. 3. A Housing Conditions survey will completed throughout the City by INRCOG. 4. An Implementation Element will be included and it will serve as an integral piece of the HNA, and it will be developed jointly between the City and INRCOG. 5. The draft HNA will be reviewed by the appropriate Boards and Commissions, as well as the general public, and will be considered for adoption thereafter by the City Council of Waterloo. 6. The final HNA will be assembled by INRCOG and presented to the City, after adoption. B. State of Iowa Requirements: The City of Waterloo Housing Needs Assessment Update will be developed in accordance with the Code of Iowa, as amended. C. Adoption and Legal Review: The proposed Housing Needs Assessment Update shall be submitted to the appropriate Commissions and elected bodies, after completion by INRCOG. The Commissions and elected bodies shall hold such public hearing(s) as required by law to adopt the document. INRCOG will not secure the services of an attorney to provide legal review of this Update. This Scope of Services and attached Contract do not include advertising, publication, or notice costs. Said costs are the responsibility of the City of Waterloo. 3