Carver County Contracts - 2023 AIS Watercraft Inspection Agreement.._ (part 2) - signed1
City of Chanhassen
AIS Watercraft Inspection Agreement
AGREEMENT entered into as of _______________, 2023 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 partner with 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, 2023. The total amount of compensation to be paid to the County shall
not exceed $47,294.00.
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, 2023 through November 15, 2023 is
two thousand nine hundred and five (2,905).
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 can continue 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 $47,294
7. The County will provide reports showing actual time spent at each location.
8. The county will coordinate MN DNR training sessions for the inspectors to be
certified as Level I or Level II inspectors.
DocuSign Envelope ID: E7217ADC-DD21-4008-A2D3-5FB6B5A91FD3
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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
States Postal Service, postage prepaid, and addressed to the agent of each party as specified
herein.
DocuSign Envelope ID: E7217ADC-DD21-4008-A2D3-5FB6B5A91FD3
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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 Dave Hemze, County Administrator
Date: ________________________, 2023 Date:________________________, 2023
BY:
John Fahey, Chair, Board of
Commissioners
Date:________________________, 2023
DocuSign Envelope ID: E7217ADC-DD21-4008-A2D3-5FB6B5A91FD3
7/31/2023 8/7/2023
Dave Hemze (Aug 8, 2023 12:00 CDT)
08/08/23
John P Fahey (Aug 8, 2023 13:00 CDT)
08/08/23
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Appendix A
Enclosures:
2023 Program Details
Duration of Inspections:
Lake Ann and Lake Susan (5/30/23 – 9/4/23)
Lotus Lake (5/14/23 - 11/15/23)
Coverage Times:
Lake Ann & Lake Susan:
Saturdays, Sundays (7 a.m. to 2 p.m.)
Holidays (varies)
Lotus Lake:
May 14- September 4 (6 am to 8 pm) 7 days/week
September 5-30 (6:30 am to 7:30 pm) 7 days/week
October 1-31 (7:00 am to 7:00 pm) 7 days/week
November 1-15 (8 am to 4:00 pm) 7days/week
Total Inspection Hours:
Lake Ann 280 hours
Lake Susan 280 hours
Lotus Lake 2345 hours
2905 hours
Combined Program Budget
Inspections 2905 @ $16.28/hr $47,294.00
Funding:
Riley Purgatory Bluff Creek Watershed District RPBCWD Partner contributions TBD by
City of Chanhassen City.
Lotus Lake Conservation Alliance/LLCA
$47,294.00
DocuSign Envelope ID: E7217ADC-DD21-4008-A2D3-5FB6B5A91FD3
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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 114
Wed 6am - 8pm Total Inspection hours 1596
Thur 6am - 8pm Total Inspection $ at 16.28/hr $ 25,982.88
Fri 6am - 8pm
Sat 6am - 8pm
Sun 6am - 8pm
May 14- Sept 04 ↑
Who County CC Hrs
Day: Hours to Cover Per Day 13
Mon 6: 30am - 7:30pm Per Week 91
Tues 6: 30am - 7:30pm Total Inspection days 26
Wed 6: 30am - 7:30pm Total Inspection hours 338
Thur 6: 30am - 7:30pm Total Inspection $ at 16.28/hr $ 5,502.64
Fri 6: 30am - 7:30pm
Sat 6: 30am - 7:30pm
Sun 6: 30am - 7:30pm
Sept 05- 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 31
Wed 7am-7pm Total Inspection hours 372
Thur 7am-7pm Total Inspection $ at 16.28/hr $ 6,056.16
Fri 7am-7pm
Sat 7am-7pm
Sun 7am-7pm
Oct 1- Oct 31 ↑
Who County CC Hrs
Day: Hours to Cover Per Day 8
Mon 8am-4pm Per Week 56
Tues 8am-4pm Total Inspection days 15
Wed 8am-4pm Total Inspection hours 120
Thur 8am-4pm Total Inspection $ at 16.28/hr $ 1,953.60
Fri 8am-4pm
Sat 8am-4pm
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Sun 8am-4pm Total hours 2345
Nov 1- Nov 15 Total cost $37,541.68
Lake Ann Program Breakdown
Who County CC Hrs
Day: Hours to Cover Per Day 7
Mon Per Week 14
Tues Total Inspection days 40
Wed Total Inspection hours 280
Thur Total Inspection $ at 17/hr $ 4,760.00
Fri
Sat 7am - 2pm Including Mem. Day, July 4, and Labor Day
Sun 7 am- 2pm
May 30- Sept 4
Lake Susan Program Breakdown
Who County CC Hrs
Day: Hours to Cover Per Day 7
Mon Per Week 14
Tues Total Inspection days 40
Wed Total Inspection hours 280
Thur Total Inspection $ at 17/hr $ 4,760.00
Fri
Sat 7am - 2pm Including Mem. Day, July 4, and Labor Day
Sun 7 am- 2pm
May 30- Sept 4
DocuSign Envelope ID: E7217ADC-DD21-4008-A2D3-5FB6B5A91FD3