HomeMy WebLinkAboutINRCOG - Contract_for_Grant_Administration - 10.3.2022CONTRACT FOR SERVICES BETWEEN THE
IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS
AND
CITY OF WATERLOO, IOWA
(WATERLOO PHASE II FIBER EXPANSION PROJECT)— EDA ELEMENTS ONLY)
THIS CONTRACT, entered into by and between the Iowa Northland Regional Council of Governments
(hereinafter called the Planning Agency) and the City of Waterloo, Iowa. The City of Waterloo hereby
requests the Planning Agency's assistance in carrying out this Contract and attached Scope of Services, and
approved by the Planning Agency under the Economic Development Administration Contract # 05-79-06185
TERMS. This contract carries the following terms:
SECTION 1. Scope of Services
The Planning Agency shall provide and perform the necessary services required to carry out the Contract as
set out in the attached Scope of Services.
SECTION 2. Time of Performance
The services of the Planning Agency shall commence on October 1, 2022 and shall be finished upon
completion of final document/report.
SECTION 3. Method of Payment
Payment shall be due upon receipt of a monthly bill for actual work performed. The payment shall be based
on the hourly rate of the staff person plus any associated costs incurred in the administration of this contract.
Total payment shall not exceed the amount stated in the previously approved Memorandum of
Understanding. Total Payment shall not exceed $30,000.00.
SECTION 4. Personnel
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 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 5. Property
The Planning Agency shall be free to acquire or use existing property, real or personal, as it deems necessary
in the performance of work under this agreement.
1
SECTION 6. Services to be Furnished to the Planning Agency
All reports, data or other public documents and information necessary to the performance of work under
this Contract shall be made available to the Planning Agency.
SECTION 7. Records Available
At any time during the normal business hours and as often as is necessary, each party shall make available
to the other party and federal or state agents and financial and administrative records with respect to all
matters covered by this agreement.
SECTION 8. Maintenance of Records
The Planning Agency shall maintain all financial and administrative records for a period of five (5) years from
the date of final payment by the federal or state funding agency. In addition, those records which relate to
any "Dispute" appeal under a grant agreement, to litigation, to the settlement of claims arising out of such
performance, or to costs or items to which an audit exception has been taken shall be maintained and made
available until five (5) years after the date of resolution of such appeal, litigation, claim, or exception.
SECTION 9. Federal Contract Language
In connection with implementing this agreement, the Waterloo City Council and the Iowa Northland
Regional Council of Governments agree to comply with the following acts:
A. All required federal contract language for EDA funded contracts.
B. All amendments and regulations issued thereto which apply to the project.
SECTION 10. Termination Clause
Either party assigned hereto shall have the authority to terminate this Contract, with just cause, by notifying
the other party by registered mail not less than thirty (30) days prior to the effective termination date. The
Planning Agency will be paid for the time provided and expenses incurred through the termination date.
SECTION 11. Amendment and Designation of Officials
11.1 The City - The Mayor of Waterloo is the official authorized to execute any changes in the terms,
conditions, or amounts specified in this Contract.
11.2 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 12. 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.
2
SECTION 13. Entire Agreement Statement
This Contract contains the entire agreement between the Planning Agency and the City for the purpose of
administering an Economic Development Administration grant, relative to the Waterloo Phase II Fiber
Expansion Project. 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 2.
SECTION 14. 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 CITY OF WATERLOO
10/3/2022
Date Date
Itir. +tit
Executive Director Mayor
ATTEST: ATTEST:
R1e[Cey Fe[ch[e
Director of Development City Clerk
3
Attachment 1
SCOPE OF SERVICES
The Iowa Northland Regional Council of Governments shall assist in compliance with the Economic
Development Administration (EDA) and other federal requirements; maintenance of required records and
documents; and other required actions not specifically listed, but requested by the local government,
including but not limited to the following activities:
GENERAL ACTIVITIES
A. Program Set -Up
1. Meet with the Waterloo staff to review and assure understanding of terms and conditions
of grant agreement with EDA
2. Set up a model for program schedule, assuring compliance with time limitations of grant
contract.
3. Meet with Waterloo City staff to explain and coordinate scheduling of grant activities in
accordance with EDA contract.
4. Maintain and promote performance standards in areas such as housing, minority
participation, services to low income, etc., that will help the grantee secure future grants.
PROGRAM ADMINISTRATION
A. Capital Improvement Activities
1. Prepare Program Schedule, as may be required by EDA.
2. Complete Environmental Review, as may be necessary.
3. Assist City in acquiring EDA required contract documents, including Federal wage
determination.
4. Review bid documents for EDA compliance.
5. Review contracts for EDA compliance.
6. Submit documents to EDA for project and contractor clearance.
7. Monitor payrolls for Davis -Bacon and related labor law compliance.
8. Conduct on -site interviews and inspections.
9. Monitor subcontractor compliance with EDA regulations.
10. Assist contractors in execution of EDA required documents and assurances.
11. Promote and document efforts regarding minority participation.
12. Assist in monitoring and clearing change orders, addendum, etc.
13. Assist in close-out and audit.
4
14. Provide financial management, including tracking and preparation of reimbursement
requests
15. Provide other technical assistance, as may be required by this project.
B. Record Keeping
1. Assist in setting up bookkeeping system for grant funds.
2. Assist in setting up filing system for program information maintenance.
3. Regularly monitor records.
4. Assist in preparing draw down forms, authorizing and making disbursements.
5. Assist in meeting with EDA officials during site visits.
6. Assist in preparing monthly, quarterly, and annual reports.
7. Assist in final closeout reports.
The above outline is intended to be specific, but some areas may have more detailed requirements implied,
but not listed.
The Iowa Northland Regional Council of Governments will assist the Waterloo City Council with these
requirements unless special requests are made to the Executive Director or governing body of the grantee.
The Waterloo City Council may request assistance from the Iowa Northland Regional Council of
Governments that is not specifically designated.
5