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HomeMy WebLinkAboutIowa Northland Regional Council of Governments-Hazard Mitigation-09.22.2008 —v.7 a fro , a.Oc.'o 30 CONTRACT FOR SERVICES BETWEEN THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND CITY OF WATERLOO,IOWA The Iowa Northland Regional Council of Governments (Planning Agency) has the expertise to develop a Hazard Mitigation Plan Update,and the City of Waterloo,Iowa(City)requires assistance in the development of such a document. 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 complete a Hazard Mitigation Plan as set out in the Scope of Services attached to (provided information is available), and made a part of, this document. These services will be provided contingent upon receiving additional funding to complete the project through the Federal Emergency Management Agency Pre-Disaster Mitigation Grant program. SECTION 2. T:me of Performance The work under this Contract shall begin on immediately following the execution of this contract. Completion is projected for no later than July 17, 2010. 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. An extension of this time limit will only occur with the permission of the Iowa Emergency Management Division. SECTION 3. 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 to be achieved, and the conduct and control of the work will lie solely with 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 the Planning Agency for the work under this Contract on the following schedule: a. Summary of financial responsibility: Responsible Agency and/or Entity Party Cost Percent of Total Federal/FEMA $5,250.00 75% City of Waterloo(in-kind or cash) $1,750.00 25% Total Project Cost $7,000.00 100% b. 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 amounts identified as administrative in the project budget of the grant program. Total Payment will not exceed Total Project Cost. After the plan is approved, reimbursement of not more than $5,250.00 in federal funds will be forwarded to the City. The final cost to the City, after reimbursement,will not exceed$1,750.00. c. The Planning Agency will draw down the federal and state portions of the grant from Iowa Emergency Management Division on behalf of the City as work is completed. The reimbursement will be sent directly to the City from the appropriate State and/or Federal agency. d. The City is eligible to meet its twenty-five percent (25%) local match obligation in the form of in-kind planning assistance. Following the completion of the plan, and subsequent approval of the document by Iowa Emergency Management Division and FEMA Region VII, the City shall pay the Planning Agency the balance of the City's 25%required match not met by in-kind contributions. e. Following the appropriate Federal reimbursement, the final cost to the City for this project will not exceed $1,750.00. SECTION 5. Information to be furnished to the Planning Agency The City, upon request, shall make any and all existing reports, data, and public documents and information necessary for the performance of work under this Contract available to the Planning Agency. The City shall advise Planning Agency of any and all documents relevant to the successful completion of this plan. 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. 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,on behalf of the City. 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, on behalf of the Planning Agency. 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 provision 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 City and the Planning Agency for the purpose of updating the City of Waterloo Local Hazard Mitigation 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 City shall hold harmless, waive, and indemnify 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 Planning Agency, except to the extent caused by the gross negligence or willful misconduct of Planning Agency or its employees. In no event shall Planning Agency be liable to City for lost revenues of City, or special or consequential damages, even if Planning Agency has been advised of the possibility of such damages. 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 Planning Agency by City under this Agreement. PASSED AND APPROVED: IOWA NORTHLAND REGIONAL CITY OF WA 1'ERLOO,IOWA COUNCIL OF GOVERNMENTS Executive Director,IN OG Mayor,City of Waterlo Date Date • Iowa HMGP Planning Application Local Hazard Mitigation Plan Scope of Work 1. Requirements upon Completion: • A. Formal adoption of Plan by governing authority B. Approval by FEMA 2. Plan Process: (See attachment for Meeting Schedule/Agenda) A. Organization of group or committee to develop Hazard Mitigation Plan (Community responsibility. Planner will provide assistance as requested.) B. Organizations invited to participate in Plan development to include: (Community will identify and recruit local representatives (government, community leaders, business leaders, educators, and general public). Planner will develop and send invitations to State and Federal agencies. Planner will document efforts to encourage public participation and state/federal agency participation.) a. Local Representatives b. State Representatives(as needed) • c. Community Leaders d. Business Leaders e. Educators f. General Public g. Neighboring Community Leaders h. HospitaVHealthcare Professionals 3. Community Profile: (Planner will conduct research and draft. Community and/or Mitigation Planning Committee will provide supplemental information (i.e., assessor values; community development plans;capital improvement budget; applicable plans and ordinances for example:comprehensive plans, zoning, building, subdivision, sanitation ordinances; Flood Insurance Rate Maps(FIRM), Siren Coverage Maps, etc.; review drafts, and approve. A. Population Identification B. Population Trend (+or-) C. Housing and Residential Development Trends D. CommerciaVIndustriai Development Trends E. Critical facility Identification a. Name and function b. Location F. Special Flood Hazard Area a. Identification of Residential, Commercial, and Industrial structures located in the Special Flood Hazard Area(#only) b. National Flood Insurance Program participation c. Identification of Repetitive Loss Structures(#only) d. Identification of National Flood Insurance Program policies in effect(#only) 4. Hazard Analysis/Risk Assessment(Committee will select hazards they consider most likely to impact area for further consideration. All natural hazards identified in the State Hazard Mitigation Plan will be considered. The County Emergency Management Coordinator(EMC),may identify additional hazards.) ( )� officials, and planning committee A. Hazard Identification a. Flash Flood b. Tornadoes c. Windstorms d. Extreme Heat SCOPE OF WORK TAB B w---A Iowa HMGP Planning Application e. Hailstorms f. Grass or Wildland Fire g. Sink Holes h. River Flood i. Severe winter storms j. Levee Failure k. Drought I. Earthquakes m. Landslide n. Dam Failure o. Expansive Soils B. Hazard Profile-Risk Assessment. (Planner will conduct research (sources include but are not limited to: National Climatic Data Center(NCDC), Department of Natural Resources, Homeland Security and Emergency Management(State Hazard Mitigation Officer), NOAA, USGS, US Weather Bureau, County Emergency Management Coordinator, Iowa State University(climate, economic, and demographic), Department of Economic Development))and prepare assessment tables for selected hazards. Community/Committee will provide supplemental community specific information(i.e. historical information regarding occurrence and impact), review tables, and evaluate risk and'rank' hazards. See attached Hazard Scoring Guide) a. Hazard Definition(Profile) b. Hazard Description(Profile) c. Historical Occurrence(Profile) d. Probability(Profile) e. Vulnerability(Risk Assessment) f. Maximum Threat(Risk Assessment) g. Severity of Impact(Risk Assessment) h. Speed of Onset(Risk Assessment) C. Identification of Vulnerable Buildings Located in Hazard Areas(Planner will conduct research and prepare draft. Community/Committee will provide supplemental community specific information and review and approve.) a. Identification of Critical Facilities b. Critical Facilities Map(s) c. Identification of(of Residential, Commercial and Industrial structures located in the Special Flood Hazard Area(#only)(See Community Profile) d. Identification of Repetitive Loss Structures(#only) (See Community Profile) 5. Mitigation Strategies: (Planner will provide information regarding a wide-range of possible mitigation strategies. Community/Committee will identify current mitigation activities,evaluate mitigation strategies, and select those to be recommended to the appropriate governing body. A Development and Identification of Local Hazard Mitigation Goals and Objectives that focus on reducing the risks from identified hazards. B. Development and Identification of specific Hazard Mitigation Measures. This includes the development and identification of a comprehensive range of specific mitigation actions and projects that would reduce the effects of each hazard. Also include feasibility, prioritization and potentiaVprobable funding sources. C. Development of a general description and analysis of the effectiveness of local mitigation policies, programs,and capabilities. D. Implementation of Hazard Mitigation Measures. Identification of Completed or Current Hazard Mitigation Measures. SCOPE OF WORK TAB B Page 9 Iowa HMGP Planning Application 6. Public Participation/Comment Period, and Public Education (Planner will facilitate the public participation meetings identified below.) A. Prior to the beginning of the planning process, the public will be invited to participate in the planning process. (See Plan Process) B. The general public will be notified of Planning Committee meetings and invited to attend or provide input throughout the planning process. The agenda of Committee meetings will be posted in a conspicuous space such as City Hall, Public Library, Local Schools, etc. prior to meetings. Meeting notes will be posed at City Hall following Committee meetings. C. Surrounding communities will be notified and invited to participate on the planning committee and to provide input throughout the planning process. The agenda of planning committee meetings will be forwarded to surrounding community city officials with a request they be posted in conspicuous places. All published public announcements will be placed in countywide publications. D. Upon completion of the Draft Plan, one public participation opportunity will exist prior to public meeting to consider adoption of the plan. In addition, the draft plan will be available for at least a 30 day-review period. a. To be in a conspicuous space such as City Hall, Public Library, Local Schools, etc. b. To be announced in a publication with countywide circulation. 7. Plan Maintenance and Review Continuation (Planner will draft plan maintenance and review section based on information provided by the Community/Committee regarding current planning procedures, existing or proposed plans, and organizational responsibilities.) A. Plan Monitoring, Evaluation and Updates a. The Plan should be reviewed annually to determine program effectiveness; or b. At a minimum, the Plan shall be reviewed and update within 5 years of the date of FEMA approval. B. Plan Implementation through Existing Programs a. As deemed appropriate by Community Government, this Plan shall be incorporated or proposed development of Comprehensive Plans, Land-Use Plans and the ap P teto existing programs that accompany such. C. Continuation of Public Involvement. Process will be established to ensure opportunities for continued public participation: a. As part of annual reviews b. When the Plan is reviewed prior to its 5 year anniversary Planning Committee Meetings—Sample Agenda Planning Meetings • 1a Meeting—With the City to explain the purpose composition of the planning committee, and gettingthe public mitigation olved. C e planning unc ess, will beginning of planning process, formation of planning committee, and invite representatives from business, education, health services,other organizations and the general public to participate in the process. Neighboring communities will also be notified and invited to provide input. • 2nd Meeting—Review purpose of mitigation plan, the planning Establish schedule and agenda for future meetings. Explain hazard aannalys sk ssessmenss,and public tment. process and information needs for next meeting. • 31.41 Meeting—Review Community Profile information. Identify hazards that may impact community. SCOPE OF WORK TAB B - Iowa HMGP Planning Application • 4th Meeting—Hazard analysis/risk assessment. Review information regarding the hazards (planner will provide data and preliminary worksheet based on planner research and information gathered with the assistance of the community and County EMC.) Select hazards to include in plan. Conduct hazard analysis/risk assessment following Iowa Hazard Analysis Risk Assessment (HARA)guidelines. htto://www.iowahomelandsecurity.orq/asp/programs/IAHazardAnalysis.asp • 5th Meeting —Complete HARA and Identify Mitigation Strategies. Planner will provide a draft HARA prior to meeting to each committee member and to the City for public review. Review HARA draft, modify (as necessary) and "rate" hazards using a rating scale consistent with the one contained in the Iowa HARA Guidance. Rank hazards. Identify goals and objectives. Identify possible mitigation measures. • 6th Meeting—Discuss current mitigation activities. Select mitigation measures for further review and evaluation. Evaluate mitigation measures using STAPLEE process. Review includes identifying primary responsible party, estimated cost, and implementation timeline. Select mitigation measures to recommend to the City. Identify measures requiring further • 7th Meeting—Select mitigation measures to recommend to City. Prior to the meeting, will provide committee member,;a draft Goals-Objectives-Mitigation Strategy planner r their review and comment- A copy will also be provided to the City for public rview andme comment. Modifications provided by the City and committee members prior to the 6th meeting will be incorporated into a revised draft Review draft, modify(as necessary), and select • 8th Meeting—Public meeting. City adopt Plan. U n completion of draft revions, the will provide a revised draft to committee members. The City will announce a revised draft planner available for review and comment by the public. The committee will review and modify the plan if necessary. The City will forward requested changes. At least one month prior to the scheduled public meeting,the planner will provide a complete draft of the community mitigation plan. The City will announce the plan is available for review prior to the scheduled public meeting. All meetings will be held in comipliance with Iowa Open Meeting Law- Iowa Open Meeting Law- Iowa Code,Chapter 21 Iowa's open meetings law"seeks to assure, through a requirement of open meetings of govemmental bodies,that the basis and rationale of governmental decisions, as well as those decisions themselves, are easily accessible to the people."All actions and discussions at meetings of governmental bodies,whether formal or informal, including work sessions, must be conducted in open session unless exceptions or exemptions are specifically provided by law."Open session" means a meeting to which all members of the public have access. The definition of"governmental bodies"includes school boards and any joint board established with other school districts, cities, counties or other units of government.Advisory committees created by statute are subject to the open meetings law whether or not they make recommendations on public policy issues.Advisory committees that are board-created are subject to the open meetings law if they develop and make recommendations on public policy issues. Since it is unlikely that a board would appoint or create an advisory committee that doesn't make recommendations on public policy issues, it is safe to say that all board-created or board-appointed advisory committees are subject to the open meetings law.Any ambiguity should be resolved in favor of openness. "Meeting"means a gathering in person or by electronic means,formal or informal,of a majority of the members of a governmental body where there is deliberation or action upon the scope of the governmental body's policy-making duties.Gatherings any matter p s in or purely ministerial duties(mandatory acts requiring no discretion or purely social purposes discussion of policy.are exempt from thejudgment)when there is no. �P open meetings law(21.2). SCOPE OF WORK TAB B Iowa HMGP Planning Application Risk Assessment—Rating Scale The following tables define each factor and the rating scale the Planning Committee will use to assess the hazards risk to the Community. Historical Occurrence—Number of times that a hazard has occurred in the County in the past Rating Number of Historical Occurrences 3 Less than 4 occurrences 3-5 4 to 7 occurrences 5-7 8 to 12 occurrences 7-9 More than 12 occurrences Probability—Likelihood of the hazard occurrence, sometimes without regard to hazard history Rating Likelihood Frequency of occurrence 1-3 Unlikel Less than 1% robabili in the next 100 years 3-5 Possible Between 1 and 10%probability ty in next year,or at least one chance in the next 100 ears 5-7 Likely Between 10 and 100% probability in next year, or at least one chance in next 10 yrs 7-9 Highly Likely Near 100%chance in the next year Vulnerability — Measure of the percentage of people and ro hazard event P perty that would be affected by the Rating Magnitude Percentage of people and property affected 1-3 N ible Less than 10% 3-5 Limited 10 to 25% 5-7 Critical 25 to 50% 7-9 Catastrophic More than 50% Maximum Threat—Spatial extent of the County that might be impacted Rating Magnitude Percentage of jurisdiction that can be affected ' 3 N li ible Less than 10% 3-5 Limited 10 to 25% 5-7 Critical 25 to 50% 7-9 Catastrophic More than 50% Severity of Impact—Assessment of the severity in terms of fatalities, injuries, property losses, and economic losses Rating Level Characteristics 1-3 Negligible Few if any injuries or illness. Minor quality of life lost with little or no property damage. Brief interruption of essential facilities and services for less than four hours. 3-5 Limited Minor injuries and illness. Minor or short term property does not threaten structural stability. Shutdown of essential facilities and services for 4 to 24 hours. J-7 Critical Serious injury and illness. Major or long term property which threaten structural stability. Shutdown of essential facilities a dge serviices for 24 to 72 hours. 7-9 Catastrophic Multiple deaths. Property destroyed or damaged beyond repair. Complete shutdown of essential facilities and services for 3 days or more. Speed of Onset—Potential amount of warning time available before the hazard occurs SCOPE OF WORK TAB R Iowa HMGP Planning Application Rating Probable amount of warning time 1-3 More than 24 hours warning time. 3-5 12 to 24 hours waminac time. 5-7 5 to 12 hours warning time 7-9 Minimal or no warning time. • SCOPE OF WORK TAB B Pace 13 ,� � . --�� C,S1