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2022 AIS Watercraft Inspection Contract - Chanhassen (part 3) - signed1 City of Chanhassen AIS Watercraft Inspection Agreement AGREEMENT entered into as of _______________, 2022 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 Joe Seidl 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 30, 2022. The total amount of compensation to be paid to the County shall not exceed $60,463.92. 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, 2022 through November 15, 2022 is three thousand seven hundred fourteen (3,714). 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 onboard 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. The City will reimburse the County for inspections at the rate of Sixteen Dollars and 28/100 ($16.28) per hour up to a total not to exceed $60,463.92. 7. The County will provide reports showing actual time spent at each location. DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27 2 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. 1a(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 after completion of program. 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 DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27 3 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: Joe Seidl 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Telephone: 952-227-1168 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: Elise Ryan, Mayor Gayle Degler, Chair, Board of Commissioners Date: ________________________, 2022 Date:________________________, 2022 DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27 5/18/2022 4 Dave Hemze (Jun 21, 2022 15:47 CDT) 06/21/22 Gayle Degler (Jun 21, 2022 21:09 CDT) 06/21/22 4 Appendix A Enclosures: 2022 Program Details Duration of Inspections: Lake Ann and Lake Susan 46 Days (5/30/22 - 9/6/22) Lotus Lake 186 days (5/14/22 - 11/15/22) Coverage Times: Lake Ann & Lake Susan: Fridays, Saturdays, Sundays (6 a.m. to 8 p.m.) Holidays (6 a.m. to 8 p.m.) Lotus Lake: May 14- 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 – Oct 31 (7:30 am to 6:30 pm) November 1-15 (7:00 am to 4:00 pm) Total Inspection Hours: Lake Ann 644 hours Lake Susan 644 hours Lotus Lake 2426 hours 3714 hours Combined Program Budget Inspections 3714 @ $16.28/hr $60,463.92 Funding: Riley Purgatory Bluff Creek Watershed District RPBCWD $32,225.50 City of Chanhassen $19,351.98 Lotus Lake Conservation Alliance/LLCA $8,886.44 $60,463.92 DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27 5 Lake Ann Program Breakdown Who County CC Hrs Day: Hours to Cover Per Day 14 Mon Per Week 42 Tues Total Inspection days 46 Wed Total Inspection hours 644 Thur Total Inspection $ at 16.28/hr $ 10,484.32 Fri 6am - 8pm Sat 6am - 8pm Including Mem. Day, July 4, and Labor Day Sun 6am - 8pm May 30- Sept 6 Lake Susan Program Breakdown Who County CC Hrs Day: Hours to Cover Per Day 14 Mon Per Week 42 Tues Total Inspection days 46 Wed Total Inspection hours 644 Thur Total Inspection $ at 16.28/hr $ 10,484.32 Fri 6am - 8pm Sat 6am - 8pm Including Mem. Day, July 4, and Labor Day Sun 6am - 8pm May 30- Sept 6 Lotus Lake Program Breakdown Who County CC Hrs Day: Hours to Cover Per Day 14 Mon 6am - 8pm Per Week 98 Tues 6am - 8pm Total Inspection days 115 Wed 6am - 8pm Total Inspection hours 1610 Thur 6am - 8pm Total Inspection $ at 16.28/hr $ 26,210.80 Fri 6am - 8pm Sat 6am - 8pm Sun 6am - 8pm May 14- Sept 05 ↑ Who County CC Hrs Day: Hours to Cover Per Day 13 DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27 6 Mon 6: 30am - 7:30pm Per Week 91 Tues 6: 30am - 7:30pm Total Inspection days 25 Wed 6: 30am - 7:30pm Total Inspection hours 325 Thur 6: 30am - 7:30pm Total Inspection $ at 16.28/hr $ 5,291.00 Fri 6: 30am - 7:30pm Sat 6: 30am - 7:30pm Sun 6: 30am - 7:30pm Sept 06- Sept 30 ↑ Who County CC Hrs Day: Hours to Cover Per Day 12 Mon 7am - 7pm Per Week 84 Tues 7am - 7pm Total Inspection days 15 Wed 7am - 7pm Total Inspection hours 180 Thur 7am - 7pm Total Inspection $ at 16.28/hr $ 2,930.40 Fri 7am - 7pm Sat 7am - 7pm Sun 7am - 7pm Oct 1- Oct 15 ↑ Who County CC Hrs Day: Hours to Cover Per Day 11 Mon 7:30am - 6:30pm Per Week 77 Tues 7:30am - 6:30pm Total Inspection days 16 Wed 7:30am - 6:30pm Total Inspection hours 176 Thur 7:30am - 6:30pm Total Inspection $ at 16.28/hr $ 2,865.28 Fri 7:30am - 6:30pm Sat 7:30am - 6:30pm Sun 7:30am - 6:30pm Oct 16- Oct 31 ↑ Who County CC Hrs Day: Hours to Cover Per Day 9 Mon 7:00 am - 4pm Per Week 63 Tues 7:00 am - 4pm Total Inspection days 15 Wed 7:00 am - 4pm Total Inspection hours 135 Thur 7:00 am - 4pm Total Inspection $ at 16.28/hr $ 2,197.80 Fri 7:00 am - 4pm Sat 7:00 am - 4pm Sun 7:00 am - 4pm Nov 1- Nov 15 DocuSign Envelope ID: D14294E7-191D-4808-8FFF-1A45A7084A27