2o. Contractual Services Contract Diane Desotelle.1
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MEMORANDUM
CITY OF a � -
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action. by City Aumiinistrator
Erd•,rse���� ��
TO: Don Ashworth, City Manager re'°titpd--",°---�,
NIP 8abrJ�uc 'G Cemmission
FROM: Kate Aanenson, AICP, Planning Director
.03tt. rjj.'M"te{ t0 C:M
DATE: January 4, 1996 E -_ - e c � to
SUBJ: Approval of Contract for Consulting Services, Diane Desotelle
Attached for your review and approval is the contrct for services with Diane Desotelle for
wetland consultation, Bluff Creek Watershed Dist Plan the Lotus Lake and Lake Riley
SWMP Projects. As I discussed with you prey Qusl;, Diane is on contract to finish these
projects, most specifically, the Bluff Creek PI a Feed will be paid from the Bluff Creek
Watershed District and the SWMP budget; confractualfservices.
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES '
BETWEEN THE CITY OF CHANHASSEN ( "CITY ")
AND DIANE DESOTELLE ( 66 CONSULTANT 77 ) FOR SERVICES '
WHEREAS:
,
A.
The Consultant desires to perform certain duties for the City in accordance with the terms
of this Agreement.
,
B.
The City desires to employ the Consultant to perform certain duties in accordance with
the terms of this Agreement. - - -- --
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NOW, THEREFORE, the parties agree as follows:
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1.
Independent Contractor. The City hereby retains the Consultant as an independent
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contractor upon the terms and conditions set forth in this Agreement. The consultant is
not an employee of the City .and is free to contract with other entities as provided herein.
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The Consultant shall be responsible for selecting the means and methods of performing
the work.
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2.
Term. The Consultant shall commence services on January 1, 1996, and shall pursue
services diligently. This Agreement shall terminate upon completion of Consultant's
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services provided under this Agreement, except that if Consultant's services have not
been completed by September 30, 1996, the Agreement shall terminate no later than
December 31, 1996, unless otherwise provided by the parties in writing. At that time this
contract may be renewed for further assignments. The City reserves the right, however,
to cancel this Agreement at any time it deems to be in the best interest of the City upon
giving written notice to the Consultant. If this Agreement is canceled under this
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provision, the City shall pay the Consultant for the time spent and reasonable expenses
actually incurred under this Agreement prior to the date of notification of cancellation.
The Consultant shall have no other recourse against the City for cancellation under this
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provision.
3.
Duties. The City engages Consultant to perform services set forth on the attached Exhibit
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4.
City Documents. Consultant may not remove original City documents from City Hall.
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However, Consultant may copy original documents and may then remove the copies from
City Hall if necessary to perform the Duties specified under Paragraph 3 of this
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Agreement.
5. Payment The City shall pay Consultant $45 per hour for services rendered pursuant to ,
this Agreement. Application for payment shall be made monthly and the City shall pay
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Consultant's bill within 30 days of receipt of Consultant's bill and report of services
rendered.
6. Indemnification and Insurance
Indemnification The Consultant shall defend, hold harmless, and indemnify the City, its
officers, agents and employees, for and against any and all claims, demands, actions, or
causes of action, of whatever nature or character, to the extent caused by the Consultant's
performance of work or services provided for herein.
Insurance The Consultant shall purchase and maintain insurance to protect Consultant
from claims under the Worker's Compensation Acts.
The Consultant shall provide the City with evidence of insurance in the form of a
certificate from the insurer naming all polices no later than fifteen (15) days after the
execution of this Agreement.
7. Fairness in Employ The Consultant is not an employee of the City, but a contractor
who may contract with others for specific services.
Covenant Against Contingent Fees The Consultant warrants that Consultant has not
employed any vendor of equipment or service provided that could result in a commission,
percentage, brokerage, or contingent fee as a result of the Consultant's association with
the City.
9. Covenant Against Vendor Interest The Consultant warrants that Consultant is not
employed by any vendor of equipment or service provided that could result in a
commission, percentage, brokerage, or contingent fee as a result of the Consultant's
association with the City.
10. Extra Services No claim will be honored for compensation for extra services or beyond
the scope of this Agreement without written submittal by the Consultant, and approval of
an amendment by the City, with specific estimates of type, time, and maximum costs
prior to commencement of the work.
11. Records The Consultant shall maintain complete and accurate records of time and
expense involved in the performance of services.
12. Work Product All materials, including but not limited to reports, exhibits, models, maps,
charts, computer data, and supporting documentation produced under work authorized by
this Agreement shall become the property of the City upon completion of the work or
termination of this Agreement.
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13. Notices Pursuant to this Agreement, notices shall be hand delivered or mailed as
follows:
AS TO CITY: City of Chanhassen
AS TO CONSULTANT:
690 Coulter Drive
P. 0. Box 147
Chanhassen, MN 55317
Telephone: (612) 937 -1900
Diane Desotelle
P. 0. Box 19403
Minneapolis, MN 55419
Telephone: (612) 825 -5765
15. Governing Law This Agreement shall be governed by the laws of the State of
Minnesota.
16. Assignment The Consultant may not assign or subcontract any of the services to be
performed hereunder without the written consent of the City, which consent shall not be
unreasonably withheld.
17. Modification This Agreement shall not be modified, amended, rescinded, waived, or
terminated without approval in writing of the City.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement
this day of , 1996.
CITY OF CHANHASSEN CONSULTANT
CI
Donald J. Chmiel, Mayor
And
Don Ashworth, City Manager /Clerk
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ATTACHMENT A
PROJECT
APPROXIMATE
HOURS/MONTH
COMPLETION DATE
Wetlands Consultation
10-15
Bluff Creek Watershed Plan
10-15
July - September
S WMP- Lotus Water Quality
Project
5
July - August
SWMP - Riley Water Quality
Project
5
July - August
Lake Management
10
Total
40-50