D-3. Approve Special Services Agreement with Carver County for Watercraft Inspections (2)0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Todd Hoffman, Park and Recreation Director
DATE: April 11, 2016
SUBJ: Recommendation to the City Council to approve the Specialized
Services Agreement with Carver County for Watercraft Inspectors.
PROPOSED MOTION
"The Chanhassen City Council approves the 2016 Specialized Services
Agreement with Carver County for Watercraft Inspectors at Lake Ann, Lake
Susan, and Lotus Lake in an amount not to exceed $53,305.98, for a maximum
total number of watercraft inspection hours not to exceed 3,549 hours."
Approval requires a simple majority vote of the council.
BACKGROUND
On March 14, 2016, the City Council received a presentation from Craver County
concerning the proposed City of Chanhassen 2016 Watercraft Inspection
Program. The 2016 City of Chanhassen Watercraft Inspection Program will
include inspections at Lake Ann, Lake Susan, and Lotus Lake. Inbound and
outbound watercraft inspections will be conducted by Minnesota Department of
Natural Resources Trained Level I Watercraft Inspectors. The inspectors will be
employed by Carver County through a joint services agreement. Inspectors will be
on duty at city -owned public water accesses on variable schedules from May
through October. Inspectors will be on duty at Lake Ann and Lake Susan, Fridays
through Sundays and holidays; and at Lotus Lake seven days a week. The Riley
Purgatory Bluff Creek Watershed District (RPBCWD), Lotus Lake Conservation
Alliance (LLCA), State of Minnesota, Carver County, and the City of Chanhassen
provide funding for the city's inspection program.
DISCUSSION
2015 Year -End Aquatic Invasive Species Report for Lake Susan, Lake Ann, and
Lotus Lake
Number of Watercraft Inspected
Official data from the DNR showed 5,216 inspections were conducted over
3,609.75 service hours at the three lakes included in the 2015 service agreement
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
between Carver County and the City of Chanhassen. A total of 4,250 inspections were conducted
on Lotus Lake, 571 inspections on Lake Susan, and 395 inspections on Lake Ann. Of the 5,216
inspections conducted by Carver County inspectors throughout the 16 weeks of base service and
8 weeks of extended service schedule, one inspection on Lotus Lake reported finding a
confirmed zebra mussel sample.
Percent or Number of Potentially Contaminated Watercraft
A total of 117 of the 5,216 watercraft inspections (or 2.2%) indicated that the watercraft were
non-compliant and could potentially be contaminated with an aquatic invasive species. Of the
inspections reported, 81 of them were found with plants/vegetation, which were removable by
hand. Of the 2,906 inspections for entering watercraft, 30 of them (or 1.03%) arrived to the
access(es) with the drain plug in, which could have contained contaminated water in the
watercraft. It might be suggested that 147 of the 5,216 (or 2.8%) were noncompliant and could
potentially be contaminated watercraft arriving to the access(es).
The City of Chanhassen applies and promotes a comprehensive Aquatic Invasive Species (AIS)
Policy. This policy seeks to prevent and control the spread of AIS within the community and
across the state and region.
VOLUNTARY WATERCRAFT INSPECTIONS PROGRAM
Trained inspectors will be employed to help educate watercraft users about AIS and inspect
watercraft at city -owned public water accesses. Inspection hours will be distributed over peak
use times.
BEST MANAGEMENT PRACTICES FOR WATER ACCESS
The Minnesota Department of Natural Resources' "Best Management Practices for Water
Accesses" has been implemented at city -owned public water accesses.
GRANTS AND COLLABORATION WITH OTHER PROJECT PARTNERS
The city and county, with support from local watershed districts and lake associations/alliances,
have taken the lead on one of the state's most comprehensive watercraft inspection programs. As
appropriate, these partners are seeking grants to assist with these efforts.
PUBLIC AWARENESS AND EDUCATION ON AIS
All project partners provide and publish extensive information about the importance of
protecting against the spread of aquatic invasive species and provide links to the DNR website
for information regarding DNR contacts, news, programs, and other information.
RECOMMENDATION
It is recommended that the Chanhassen City Council approve the 2016 Specialized Services
Agreement with Carver County for Watercraft Inspectors at Lake Ann, Lake Susan, and Lotus
Lake in an amount not to exceed $53,305.98 for a maximum total number of watercraft
inspection hours not to exceed 3,549 hours.
ATTACHMENTS
L Specialized Services Agreement
2. 2016 Watercraft Inspections Schedules
3. 2016 Watercraft Inspection Details
AGREEMENT
AGREEMENT entered into as of '2016 by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ("City"), and COUNTY OF
CARVER, a body corporate and politic under the laws of Minnesota ("County").
NOW, THEREFORE, in consideration of their mutual covenants and obligations, the
City and County agree as follows:
I. COUNTY SERVICES
The purpose of this Agreement is to assist the City in preventing the introduction of new
Aquatic Invasive Species (hereinafter called "AIS") into Lake Ann, Lake Susan and Lotus Lake
through AIS education and inspections. The primary contact for the County is Andrew Dickhart
and Todd Hoffinan is the primary contact for the City.
II. SPECIALIZED PROFESSIONAL AGREEMENT SPECIFICATIONS
1. This Agreement shall commence upon its execution by both parties and continue
through October 31, 2016. The total amount of compensation to be paid to the County shall not
exceed $53,305.98
2. Inspections will be conducted at the following public access points: Lake Ann,
Lake Susan and Lotus Lake in accordance with the schedule attached as Appendix A.
3. Inspections outside of the foregoing hours shall be conducted by the County only
with the mutual consent and agreement of the City and the County. The maximum total number
of watercraft inspection hours for these days from May 14, 2016 through October 31, 2016 is
three thousand five hundred forty nine (3,549).
4. The County will provide all necessary supervision to assure that the County's
employees satisfactorily perform their duties under this Agreement.
5. The County will on board applicants as employee inspectors, be responsible for
training, scheduling, and payroll during the term of this agreement. The County will provide
inspector service as long it has inspector staffing or to the term of this agreement, whichever
comes first.
6. Watercraft inspectors placed by the County shall perform in accordance with the
approved position description attached in Appendix B. The City will reimburse the County for
inspections at the rate of Fifteen Dollars and 2/100 ($15.02) per hour up to a total not to exceed
$53,305.98.
7. The County will provide reports showing actual time spent by time, day, and
location.
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8. The county will coordinate MN DNR training sessions for the inspectors to be
certified as Level I or Level II inspectors.
9. The County shall act in all respects as an independent Contractor under this
Agreement and will be solely responsible for performance of services required hereunder, as well
as the means and manner of performance thereof. Nothing herein authorizes the County to act as
an agent or representative of the City for any purpose.
10. Any amendment to this agreement must be in writing and executed by both the
County and the City
III. INDEMNIFICATION
Each party shall be liable for its own acts to the extent provided by law and hereby agrees
to indemnify, hold harmless and defend the other, its officers and employees against any and all
liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the
other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of
or by reason of any act or omission of the party, its agents, servants or employees, in the
execution or performance or failure to adequately perform its obligations pursuant to this
Agreement.
It is understood and agreed that the County's and the City's liability shall be limited by the
provisions of Minn.Stat.Chap.466 and/or other applicable law. To the full extent permitted by
law, actions by the parties pursuant to this Agreement are intended to be and shall be construed
as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single
governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section
471.59, Subd. la(a); provided further that for purposes of that statute, each party to this
Agreement expressly declines responsibility for the acts or omissions of the other party.
IV. PAYMENT FOR SERVICES
1. Payments to the County will be paid as services are performed and will be paid
within thirty-five (35) days of receipt of the County's invoice, which shall be submitted no more
than monthly.
2. All other expenses incurred by the County in completing the work required under
this Agreement will be the County's responsibility.
V. TERMINATION OF AGREEMENT
This Agreement may be terminated at any time and for any reason by the City on seven
(7) days' written notice. In the event of termination by the City, the County is entitled to
compensation based on the number of hours worked up to the effective date of termination.
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VI. NOTICE
1. Any notice, request, demand or other communication required or permitted under
the terms of this Agreement shall be deemed to be properly given when deposited in the United
States Postal Service, postage prepaid, and addressed to the agent of each party as specified
herein.
2. However, when this Agreement requires immediate notice, such notice shall be
accomplished by telephone to the designated agent of the parties or by facsimile to the numbers
listed herein:
(a) Notices to City should be sent to:
City of Chanhassen
Attn: Todd Hoffinan
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Telephone: 952-227-1119
Fax: 952-227-1110
(b) Notices to the County should be sent to:
Carver County
Attn: Andrew Dickhart
600 E. 4th Street
Chaska, Minnesota
Telephone: 952-361-1871
Fax: 952-361-1828
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF CHANHASSEN,
MINNESOTA
COUNTY OF CARVER
BY: BY:
Denny Laufenburger, Mayor James Ische, Chair, Board of
Commissioners
BY: BY:
Todd Gerhardt, City Manager David Hemze, County Administrator
Date: 92016 Date: , 2016
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g:\park\th\ais\2016\draft chanhassen-carver co ais agreement revised 160407.docx
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Appendix B.
JOB SUMMARY:
The Watercraft Inspector serves to inform and educate the public to the threats of
ecologically harmful aquatic invasive species to Minnesota's waters. Inspectors work at
public water access sites educating the public by providing information to watercraft users
and conducting a brief survey while inspecting watercraft for invasive species. Other duties
include assisting the coordinator with access postings, assisting Law Enforcement with
access checks, invasive plant removal; conduct other research in partnership with different
departments/organizations and other natural resource projects.
There are three levels being recruited for this position:
*Level I Watercraft Inspector: Level I Watercraft Inspectors will be required to attend and
pass a MN DNR inspection training course and will be responsible for public education,
watercraft inspections for Aquatic Invasive Species, documentation and reporting, on-site
surveys and sample collection.
*Level II Watercraft Inspector: Level II Watercraft Inspectors will be required to attend a
MN DNR decontamination training course in addition to a MN DNR inspection training
course. A Level II inspector will have the same responsibilities as a Level I, but will also be
certified to perform decontamination services using hot, high-pressure water.
*Lead Watercraft Inspector: Lead Inspectors will be Level II certified and be capable of
taking on additional leadership and administrative responsibilities such as employee training
and supervision, scheduling, inventory, oversight of day-to-day operations, etc. \
TYPICAL DUTIES AND RESPONSIBILITIES:
• Educate the public on invasive species program and issues
• Distribute written information to watercraft users
• Inspect watercraft for invasive species
• Conduct a verbal survey & inspection inventory
• Document and record research activities
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Combined City and lotus Lake Conservation Alliance
2016 Program Details
Duration of Inspections:
Lake Ann and Lake Susan
Lotus Lake
47 Days (5/28/16 - 9/5/16)
171 days (5/14/16 - 10/31/16)
Coverage Times:
Lake Ann & Lake Susan:
Fridays & Sundays (7 a.m. to 8 p.m.)
Saturdays ( 6 a.m. to 8 p.m.) and holidays
Lotus Lake:
May 14 to September 5 (6 am to 8 pm)
September 6-30 (6:30 am to 7:30 pm)
October 1-15 (7:00 am to 7:00 pm)
October 16-31 (7:30 am to 6:30 pm)
Total Inspection Hours:
Lake Ann 629 hours
Lake Susan 629 hours
Lotus Lake 2291 hours
3549 hours
Combined Program Budget
Inspections 3549 @ $15.02/hr $53,305.98
Funding:
Riley Purgatory Bluff Creek Watershed District RPBCWD $25,000.00
City of
Chanhassen $14,500.00
Carver County $2,000.00
Lotus Lake Conservation Alliance/LLCA $11,955.92
$53,455.92
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•
LOTUS LAKE CONSERVATION ALLIANCE
7008 Dakota Avenue, Chanhassen, MN, 55317
www.LotusLakeCA.org
• • •
April 6, 2016
Mr. Todd Hof pian
Parks and Recreation Director
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Dear Todd,
Thank you for coordinating Chanhassen's 2016 AIS Prevention Program with Carver County. The Lotus Lake
Conservation Alliance is pleased to once again be participating financially in this important program. We are
committed to providing $12,000 towards the inspection program to provide for inspections at Lotus Lake during
the 2016 boating season.
As you are aware, Lotus Lake is the most visited lake in Chanhassen. Starting in 2010, the LLCA began a
volunteer AIS inspection program to protect the lake against additional AIS. We were very pleased when the City
and the Riley Purgatory Bluff Creek Watershed District joined us in these efforts with funding and program
administration in 2012, and that this funding is ongoing. Defending Chanhassen's lakes against additional AIS is
an important responsibility, and the LLCA is committed to being a partner in these efforts.
The 2015 program, administered by Carver County, was very successful. The inspectors from Carver County
were of a significantly higher caliber than those from previous years. We noticed fewer absent times, and much
more thorough inspections. Once again, as in previous years, a boater with zebra mussels in weeds on their trailer
was prevented from entering Lotus Lake. The residents who live on and around Lotus Lake, as well as those who
visit it each year, are thankful that the inspection program has worked to keep new AIS from entering Lotus Lake.
As we have previously mentioned, we are concerned with the lack of protection for lakes Ann and Susan —
particularly Lake Ann — as its beach is an important community asset. We ask that the City work with the County
and Watershed to gain additional funding to support more inspections at these lakes, which do not have the
residential population to help fund inspections. Losing the beach at Lake Ann Park to zebra mussels would be a
very sad event for all of the families who visit this wonderful beach park every summer. We know from past
years that the late summer and fall are the most likely times that zebra mussels would be found in weeds on
trailers, and ask that the City work with its partners to increase funding for inspections during those critical times
at Ann and Susan, if not for 2016, then for the 2017 season.
Thank you again Todd for coordinating the 2016 AIS Prevention Program. The board and members of the LLCA
look forward to another successful year protecting Chanhassen's lakes.
Regards,
Laurie Susla
President, Lotus Lake Conservation Alliance
cc: Denny Laufenburger, Mayor
Dan Campion, City Councilor
Jerry McDonald, City Councilor
Elise Ryan, City Councilor
Bethany Tjornhom, City Councilor
Todd Gerhardt, City Manager