HomeMy WebLinkAboutUniversity of Northern Iowa-Services Agreement-05.05.2009 s- y- 02
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Agreement Between
City of Waterloo ,x
AND
University of Northern Iowa
The parties agree as follows:
Section 1 IDENTITY OF THE PARTIES
1.1 The City of Waterloo (City) is authorized to enter into this Agreement. The City's address is 715
Mulberry Street, Waterloo, IA 50703. The Principal Contact for is:
Thomas J. Jennings
Chief of Police
715 Mulberry Street, Waterloo, IA 50703
Phone: 319-291-4339
Fax: 319-291-4332
1.2 University of Northern Iowa (Contractor) is an educational institution authorized to do business in
the state of Iowa. The Contractor's address is: Office of Sponsored Programs, University of Northern Iowa
213 E. Bartlett Hall, Cedar Falls, Iowa 50614-0394. The Principal Contact for the Contractor is:
Edward M. Ebert, Grants and Contracts Administrator
Office of Sponsored Programs
University of Northern Iowa
213 E. Bartlett Hall
Cedar Falls, IA 50614-0394
Phone: 319-273-4321
Fax: 319-273-2634
1.3 The Project Managers are:
Dr. Joe Gorton Dr. B. Keith Crew,
Associate Professor of Criminology Associate Professor of Criminology
Phone: 319-273-3007 Phone: 319-273-2143
Joe.Gorton anuni.edu BK.Crew(a,uni.edu
Section 2 PURPOSE
The parties have entered into this Agreement to provide an evaluation of police activities pertaining to the
2007 Methamphetamine Initiative Grant.
Section 3 DURATION OF AGREEMENT
The term of this Agreement shall be from April 3, 2009, to September 30, 2009, unless terminated earlier
in accordance with the Termination section of this Agreement.
Section 4 SCOPE OF SERVICES
4.1 Scope of Services. The Contractor shall provide the services in accordance with the defined
performance criteria and obligations as set forth below:
Goall: The first goal is to assess the impact of the Department of Justice (DOJ) grant allocation
on specific outcomes linked to the enforcement of methamphetamine laws by the Tri-
County Drug Enforcement Task Force.
Goal 2: The second goal is to evaluate the impact of the DOJ grant on the efficiency of Task
Force operations.
Goal 3: The third goal is to assess the impact of the grant allocation on several processes that
are expected to operate in support of enforcement goals.
Section 5 COMPENSATION
5.1 Pricing. The Contractor will be paid for the services described in the Section 4.1 of this
Agreement in an amount not to exceed $18,500.
5.2 Billings. The Contractor shall submit an invoice for services rendered in accordance with this
Agreement twice during the Agreement period: $9,250.00 (50%) upon execution of this agreement and
$9,250.00 (50%) upon completion of the work.
Section 6 TERMINATION
6.1 Termination. if the Contractor determines that termination is in its best interest because of
payment delays under Section 5, or if the City determines that termination is in its best interest because
of termination of the federal contract, lack of sufficient funds, subcontract violation or other substantial
reason, then either party may terminate this Agreement upon thirty(30) calendar days written notice to
the other. Upon issuance/receipt of such notification, the Contractor may make no further commitments
under the Agreement and must take all responsible actions to cancel outstanding obligations. The total
cost of the Agreement shall then be negotiated between the City and the Contractor. The Contractor
shall reimburse City for any losses resulting from audit disallowances relating to costs originally incurred
by Contractor.
Section 7 REPRESENTATIONS AND WARRANTIES
7.1 Property, Concepts, Materials, and Works Produced. The Contractor represents and
warrants that all the concepts, materials and Works produced, or provided to the City pursuant to the
terms of this Agreement shall be wholly original with the Contractor or that the Contractor has secured all
applicable interests, rights, licenses, permits or other intellectual property rights in such concepts,
materials and Works.
7.2 Professional Practices. The Contractor represents and warrants that all of the services to be
performed hereunder will be rendered using sound, professional practices and in a competent and
professional manner by knowledgeable, trained and qualified personnel.
7.3 Authority to Enter into Agreement. The Contractor represents and warrants that it has full
authority to enter into this Contract and that it has not granted and will not grant any right or interest to
any person or entity that might derogate, encumber or interfere with the rights granted to the City.
Section 8 ADDITIONAL PROVISIONS
11.1 Independent Contractor. The status of the Contractor shall be that of an independent
contractor. Nothing in this Agreement shall be construed as creating or constituting the relationship of a
partnership, joint venture, (or other association of any kind or agent and principal relationship) between
the parties hereto. The Contractor, its employees, agents and any subcontractors performing under this
Agreement are not employees or agents of the City of Waterloo. The City will not withhold taxes on behalf
of the Contractor(unless required by law).
11.2 Compliance with the Law. The Contractor, its employees, agents, and subcontractors shall
comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when
performing the services under this Agreement, including without limitation, all laws applicable to the
prevention of discrimination in employment and the use of targeted small businesses as subcontractors or
suppliers.
11.3 Conflict of Interest. The Contractor covenants that the Contractor presently has no interest and
shall not acquire any interest, direct and indirect, which would conflict in any manner or degree with the
performance of services required under this Agreement. The Contractor further covenants that in the
performance of this Agreement no person having any such interest shall be employed. In addition, during
the term of this Agreement, Contractor shall not provide services that would create a conflict of interest
with the Contractor's duties set out in this Agreement.
11.4 Amendments. This Agreement may be amended in writing from time to time by mutual consent
of the parties. All amendments to this Agreement must be in writing and fully executed by the parties.
11.5 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters
arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa
law.
11.6 Assignment and Delegation. This Agreement may not be assigned, transferred, conveyed, or
delegated in whole or in part without the prior written consent of the other party.
11.7 Supersedes Former Contracts or Agreements. This Agreement supersedes all prior Contracts
or Agreements between the City and the Contractor for the services provided in connection with this
Agreement.
11.8 Federal Funds. This Agreement involves the flow-through of Federal funds awarded under
CFDA No. 16.710. The Contractor has read and understands the provisions of Attachment A, Additional
Requirements for Federally-Funded Agreements, attached hereto and made part of this Agreement by
this reference, and the Contractor agrees to conform to the requirements contained therein.
Section 12 EXECUTION
In consideration of the mutual covenants set forth above and for other goods and valuable consideration,
the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered
into the above Agreement, which represents the entire Agreement between the parties, and have caused
their duly authorized representatives to execute this Agreement.
CITY OF WATERLOO:
E l Date:
UNIVERSITY OF NORTHERN IOWA
By. Date:
Edward M. Ebert
Grants and Contracts Administrator
Federal Tax Identification Number: 42-6004333
Attachment A
Additional Requirements for Federally-funded Agreements
A.1 Suspension and Debarment. The Contractor certifies pursuant to 31 CFR Part 19 that neither it
nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this Agreement by any federal department or agency.
A.2 Lobbying Restrictions. The Contractor shall comply with all certification and disclosure
requirements prescribed by 31 U.S.C. Section 1352 and any implementing regulations and shall be
responsible for ensuring that any subcontractor fully complies with all certification and disclosure
requirements.
A.3 Pro-Children Act of 1994. Public Law 103-227, also known as the Pro-Children Act of 1994
(Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or
contracted for by an entity and used routinely or regularly for the provision of health, day care, early
childhood development services, education or library services to children under the age of 18, if the
services are funded by federal programs either directly or through state or local governments, by federal
grant, contract, loan or loan guarantee. Federal programs include grants, cooperative agreements, loans
or loan guarantees and contracts. The law also applies to children's services that are provided in indoor
facilities that are constructed, operated or maintained with such federal funds. The law does not apply to
children's services provided in private residences; portions of facilities used for inpatient drug or alcohol
treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or
facilities (other than clinics) where WIC coupons are redeemed. Failure to comply with the provisions of
the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or
the imposition of an administrative compliance order on the responsible party. The Contractor certifies
that it will comply with the requirements of the Pro-Children Act of 1994 and will not allow smoking within
any portion of any indoor facility used for the provision of services for children as defined by the Act.
A.4 Certified Audits. Local governments and non-profit subrecipient entities that expend $500,000
or more in a year in federal awards (from all sources) shall have a single audit conducted for that year in
accordance with the provisions of OMB Circular A-133 "Audit of States, Local Governments, and Non-
Profit Organizations."A copy of the final audit report shall be submitted to the DNR if either the schedule
of findings and questioned costs or the summary schedule of prior audit findings includes any audit
findings related to federal awards provided by the DNR. If an audit report is not required to be submitted
per the criteria above, the subrecipient must provide written notification to the DNR that the audit was
conducted in accordance with Government Auditing Standards and that neither the schedule of findings
and questioned costs nor the summary schedule of prior audit findings includes any audit findings related
to federal awards provided by the DNR. See A-133 Section 21 for a discussion of subrecipient versus
vendor relationships.
A.5 Drug Free Work Place. The Contractor shall provide a drug free workplace in accordance with
the Drug Free Workplace Act of 1988 and all applicable regulations.
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