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D-2. Approve Specialized Services Agreement with Carver County for Watercraft Inspectors Y • e•-) CITY OF ClIANIIASSEN D- 2 V V q N ASS Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park and Recreation Director DATE: April 10 2017 t 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 2017 Specialized Services Agreement with Carver County for Watercraft Inspectors at Lake Ann, Lake Susan, and Lotus Lake in an amount not to exceed $55,498.90 for a maximum total number of watercraft inspection hours not to exceed 3,695 hours." Approval requires a simple majority vote of the council. BACKGROUND The 2017 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 2016—Year end Aquatic Invasive Species Report for City of Chanhassen. PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Hoffman April 10,2017 Watercraft Inspectors Page 2 Number of Watercrafts Inspected Official data from the MN DNR resulted in a total of 4,489 watercraft inspections on Chanhassen lakes. • Lotus: 3,443 inspections (1,919 entering and 1,454 exiting) • Ann: 595 inspections (337 entering and 253 exiting) • Susan: 451 inspections(244 entering and 183 exiting) County staff provided 3,333 hours of inspection services beginning May 14, 2016 and ending Oct. 30, 2016. Of the 3,333 total inspections, two inspections confirmed the presence of zebra mussels. • Lotus: 2,156.75 hours—2 inspections with zebra mussels(6/17/16 & 8/6/16) • Ann: 583.25 hours • Susan: 593 hours Potentially Contaminated Watercrafts One hundred nineteen(or 3.6%)watercrafts inspected at Chanhassen lakes were NON- COMPLIANT with MN AIS laws and were potentially contaminated with an aquatic invasive species. Of the 119, 46 of them were found to have aquatic plants removable by hand,one aquatic plant was stuck and required further decontamination, 36 with water,4 with mud, and 2 confirmed zebra mussels. Twenty-four watercrafts entered the access with the drain plug in. Issues/Concerns Inspector staff typically dwindles in the fall and the Chanhassen lakes experienced some inspection service gaps in September. 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 MS 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. Todd Hoffman April 10, 2017 Watercraft Inspectors Page 3 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 AIS 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 2017 Specialized Services Agreement with Carver County for Watercraft Inspectors at Lake Ann, Lake Susan, and Lotus Lake in an amount not to exceed $55,498.90 for a maximum total number of watercraft inspection hours not to exceed 3,695 hours. ATTACHMENTS 1. Specialized Services Agreement 2. 2017 Watercraft Inspections Schedules 3. Watercraft Inspector Job Summary 3. 2017 Watercraft Inspection Details \\cfs5\cfs5\Shared_Data\PARK\TH\AIS\2017\2017 AIS CC Recommendation.docx AGREEMENT AGREEMENT entered into as of , 2017 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 Hoffman 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 November 15,2017. The total amount of compensation to be paid to the County shall not exceed$55,498.90. 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 13, 2017 through November 15,2017 is three thousand six hundred ninety-five(3,695). 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 $55,498.90. 7. The County will provide reports showing actual time spent by time, day, and location. 1 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 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 government unit"for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. 1 a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts of 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. 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 2 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 Hoffman 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, COUNTY OF CARVER MINNESOTA BY: BY: Denny Laufenburger, Mayor Tim Lynch, Chair, Board of Commissioners BY: BY: Todd Gerhardt, City Manager David Hemze, County Administrator Date: , 2017 Date: , 2017 3 Lotus Lake Program Breakdown Lake Ann Program Breakdown Who county cc Hrs Who CC-Chan Staff CC Hrs Day:Hours to Cover Per Day 14 Day:Hours to Cover Per Day Mon 6am-8pm PerWeek 98 Mon Per Week 40 Tues Gam-8pm Total Inspection days 115 Tues Total Inspection days 47 Wed Gam-8pm Total Inspection hours 1610 Wed Total Inspection hours 629 Thur Gam-8pm Total Inspection Sat 15.02/hravg. 1,1,18).20 Fri Gam-8pm Thur Total Inspection$at 15.02/hravg. 59,447 58 Sat Gam-8pm Fri 7am-8pm Sun 6am-8pm Sat 6am-8pm Including Mem.Day,July 4,and Labor Day May 13-Sept 4'I Sun 7am-8pm Who coup CC Hrs May27-Sept4 Day:Hours to Cover Per Day 13 Mon 6:30am-7:30pm Per Week 91 Tues 6:30am-7:30pm Total Inspection days 26 Lake Susan Program Breakdown Wed 6:30am-7:30pm Total Inspection hours 338 Who County CC Hrs Thur 6:30am-7:30pm Total Inspection$at 15.02/hr avg. `..0(r,,il, Day:Hours to Cover Per Day Fri 6:30am-7:30pm Mon Per Week 40 Sat 6:30am-7:30pm Sun 6:30am-7:30pm Tues Total Inspection days 47 SeptS-Sept 30 t Wed Total Inspection hours 629 Who county CC Hrs Thur Total Inspection$at 15.02/hravg. 5 5,047,53 Day:Hours to Cover Per Day 12 Fri 7am-8pm Mon 7am-7pm Per Week 84 Sat Gam-Spm Including Mem.Day,July 4,and Labor Day Tues 7am-7pm Total Inspection days 15 Sun 7am-Spm Wed 7am-7pm Total Inspection hours 180 Thur 7am-7pm Total Inspection$at 15.02/hravg. /JO,(,I1 May 27-Sept 4 Fri 7am-7pm Sat 7am-7pm Sun 7am-7pm Chanhassen Totals Oct l-Oct iS'l'- Who CC-Chan Staff CC Hrs Hours Dollars Day:Hours to Cover Per Day 11 Mon 7:30am-6:30pm Per Week 77 Lotus 2,437 $ 36,603.74 Tues 7:30am-6:30pm Total Inspection days 16 Wed 7:30am-6:30pm Total Inspection hours 176 Ann 629 $ 9,447.58 Thur 7:30am-6:30pm Total Inspection$at 15.02/hr avg. S /,a-1:.51 Fri 7:30am-6:30pm Susan 629 $ 9,447.58 Sat 7:30am-6:30pm Sun 7:30am-6:30pm TOTAL 3,695 $ 55,498.90 0,116-Oct 31'1' Who CC-Chan Staff CC Hrs Day:Hours to Cover Per Day 8.5 Mon 7:30am-4pm Per Week 59.5 Tues 7:30am-4pm Total Inspection days 4 Wed 7:30am-4pm Total Inspection hours 34 Thur 7:30am-4pm Total Inspection$at 15.02/hr avg. S 510.68 Fri 7:30am-4pm Sat 7:30am-4pm Sun 7:30am-4pm Nov 1-Nov 4 Who CC-Chan Staff CC Hrs Day:Hours to Cover Per Day 9 Mon 7:00 am-4pm Per Week 63 Tues 7:00am-4pm Total Inspection days 11 Wed 7:00 am-4pm Total Inspection hours 99 Thur 7:00am-4pm Total Inspection Sat 15.02/hravg. 1428'); Fri 7:00am-4pm Sat 7:00am-4pm Sun 7:OOam-4pm Nov 1-Novo Total November Hours 133 Total November Cost $ 1,997.66 Total Hours 2437 Total Cost $ 36,603.74 4 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 5 Combined City and Lotus Lake Conservation Alliance 2017 Program Details Duration of Inspections: Lake Ann and Lake Susan 47 Days (5/27/17-9/4/17) Lotus Lake 187 days(5/13/17-11/15/17) 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 13 to September 4 (6 am to 8 pm) September 5-30 (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) November 1-4 (7:30 am to 4:00 pm) November 5-15 (7:00 am to 4:00 pm) Total Inspection Hours: Lake Ann 629 hours Lake Susan 629 hours Lotus Lake 2337 hours 3695 hours Combined Program Budget Inspections 3695 @$15.02/hr $55,498.90 Funding: Riley Purgatory Bluff Creek Watershed District RPBCWD $25,000.00 City of Chanhassen $14,500.00 Carver County $2,045.32 Lotus Lake Conservation Alliance/LLCA $13,953.58 $55,498.90 6