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HomeMy WebLinkAboutIowa Northland Regional Council of Governments - Amendment to Services Contract - 2/10/2020AMENDED CONTRACT 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 Comprehensive Plans and the City of Waterloo (City) wishes to retain the Planning Agency to update their Plan. 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 Comprehensive Plan 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 September 1', 2015. Completion is projected for no later than August 31'; 2017 September 30`h, 2020. 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. Hourly rate shall range from sixty dollars ($60) to ninety one -hundred ten dollars ($99 $110), depending on the expertise level required for the completed task. b. Total payments shall not exceed eighty-five thousand dollars ($85,000) 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 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 updating their Comprehensive Plan. 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: WATERLOO, IOWA Mayor Waterloo, Iowa b /7/6 7X) Date IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS Executive Director INRCOG �-27 -014 Z!° Date 2 WATERLOO, IOWA COMPREHENSIVE PLAN UPDATE SCOPE OF SERVICES A. INRCOG Proposal The attached previously submitted INRCOG Proposal, dated July 1st, 2015, shall be integrated into this Agreement and shall define the process, preparation and presentation elements thereof. B. State of Iowa Requirements: The Waterloo Comprehensive Plan Update will be developed in accordance with the Code of Iowa, as amended. C. Adoption and Legal Review: The proposed Plan Update shall be submitted to the Waterloo Planning and Zoning Commission and City Council after completion by INRCOG. The Commission and Council shall hold such public hearing(s) as required by law to adopt the document. The City Council is free to make further amendments, corrections, or additions prior to its final adoption. INRCOG will carry out such changes, deletions, corrections, or additions as appropriate to bring the document into final form as adopted by the Council. INRCOG will not secure the services of an attorney to provide legal review of this Plan Update. INRCOG will, however, assist the City Attorney, or the Attorney selected by the City Council, who, at City expense, may provide final review of the proposed Plan prior to adoption. 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