1c. Approval of 2009-2010 Lake Ann Beach Lifeguard Contract
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
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
Todd Hoffman, Park & Recreation Director f 1~
TO:
FROM:
Jerry Ruegemer, Recreation superintendeny1 D
February 24, 2009 dl{J- 11\
DATE:
SUBJ:
200912010 Lake Ann Beach Lifeguard Contract
PROPOSED MOTION:
"The City Council approves the 2009 Lake Ann Park Beach Contract
Option D with Minnetonka Community Education and Services
(MCES) in the amount of $25,897; and the 2010 contract in the amount
of $26,674."
Approval of this item requires a simple majority vote of those City
Council members present.
The City contracts with Minnetonka Public Schools and Community Education
and Services (MCES) for the provision of lifeguard services at Lake Ann Park.
Staff reviewed our current contract, looking for ways to reduce costs without
significantly lowering our service levels. We requested that MCES present
different options that included adjusting our service dates as well as service
hours. Traditionally, lifeguards have been on duty seven days per week from
10:30 a.m. to 8 p.m. from approximately June 6th to August 16th (dates coincide
with the final days of the school year).
Maintaining the current service levels would require a 7.6% cost increase over
2008. Staff recommended the Park and Recreation Commission consider
Option E-l, changing the service hours to 12 noon to 7 p.m. daily, keeping the
same service dates and lowering costs by 6.7 % from actual 2008 expenditures.
PARK AND RECREATION COMMISSION RECOMMENDATION
The Park & Recreation Commission reviewed the Lake Ann Beach Lifeguard
Contract at their February 24th meeting. At the conclusion of their discussion
and deliberations, the Park & Recreation Commission selected Option D, but
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
Mr. Todd Hoffman
February 24,2009
Page 2
recommended staff work with MCES to seek a 0% increase in the cost per
service hour in 2009 prior to forwarding their recommendation to the City
Council. The commission supported the proposed 3% increase for the second
year of the contract.
STAFF UPDATE
Option D reduces daily service hours by Biz hours to 11:00 a.m. to 7:00 p.m.,
7 days per week. It also reduces service dates by one week, starting lifeguard
services one week later each season. These service hours and service date
reductions coincide with the times of day and season (early) when patron
numbers are reduced. Staff was successful in securing an agreement with
MCES for a 1 % increase in service hour costs for 2009. Accounting for reduced
service days and hours per week, the recommended 2009 contract amount is
$25,897, or 9.1 % less than actual expenditures in 2008 ($28,490).
The 3% increase between the first and second year of our new contract adds
$777 dollars in 2010 for a contract amount of $26,674. Here again this amount
is less than 2008 actual expenditures. Service dates for 2009 will be Saturday,
June 13 through Sunday, August 16; in 2010 contract dates will be Saturday,
June 12 through Sunday, August 15. Funding for the beach contract is included
in the Lake Ann Park operations budget (1540).
ATTACHMENT
1. Options for Lake Ann Beach Service Dates and Hours.
2. Proposed Lake Ann Beach Contract for 2009/10.
g:\park\jerry\lake ann beach\lake ann beach contract 2009-201O.doc
TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2009 & 2010
AGREEMENT made this between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City") and the MINNETONKA PUBLIC SCHOOLS
COMMUNITY EDUCATION AND SERVICES (the "Contractor").
WHEREAS, the City of Chanhassen has requested that Contractor provide a Lifeguard
Service and Swimming Lesson Program during the 2009 and 2010 Swimming Seasons for
Lake Ann Beach.
WHEREAS, the Contractor agrees to provide a Lifeguard Service and Swimming
Lesson Program for Lake Ann Beach.
NOW THEREFORE, the parties agree as follows:
1. CONTRACTOR'S SERVICES.
A. Lifeguard Service. The Contractor agrees to provide the City with qualified and
Red Cross certified personnel to lifeguard above stated beach from June 13 through August
16, 2009 and June 12 through August 15, 2010 from 11:00 a.m. to 7:00 p.m. daily (weather
permitting) .
B. Contractor agrees to provide:
1) an appropriate number of lifeguards on duty at all times, according to any
applicable industry standards or regulations;
2) lifeguard staff with ongoing in-service training during the summer season;
3) supervision of lifeguard personnel;
4) all necessary safety equipment for the Lifeguard Services including: rescue
tubes, first aid kits, reaching pole, rescue board
C. Swimming Lesson Program. The Contractor agrees to provide a program for
swimming lessons for the general public to be located at Lake Ann Beach. The Contractor
shall provide advertising through the MCES quarterly catalog, registration of students, hiring
and training of instructors, all necessary equipment (including safety equipment) and all
personnel and administrative costs associated with the Swimming Lesson Program.
2. CITY OBLIGATIONS.
A. Beach. The City agrees to provide a clean and well-maintained beach and beach
area as stated in this agreement. This includes defined swimming boundaries; clean restrooms
83758
and lifeguard station. The City agrees to provide a working telephone, lifeguard chairs,
megaphone, and safety boat with oars.
B. 2009 Payment. The City agrees to pay Contractor a total of $25,897.00 divided
into two equal payments of $12,948.50 on July 10, August 10, 2009 in return for lifeguard
services.
C. 2010 Payment. The City agrees to pay Contractor a 3 % increase from the 2009
contract and the amount of the contract totals $26,674.00. The City will pay Contractor in
two equal payments of $13,337.00 on July 10, August 10, 2010.
D. The Contractor will provide the Swimming Lesson Program at Lake Ann Beach at
no cost to the City. All income and expenses will be the responsibility of Contractor.
3. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the
City, its employees and officers subject to limitations of Chapter 466 of Minnesota Statutes
from any and all liability, loss, costs, damages and expenses including but not limited to
property damage and personal injury, including death, which arise in connection with any acts
or omissions of Contractor's employees. The City agrees to indemnify and hold harmless
Contractor and its employees, officers and agents from any and all liability , loss, costs,
damages and expenses including but not limited to property damage and personal injury,
including death, which arise in connection with the City's performance of this Contract or in
connection with any acts or omissions of City employees subject to limitations and immunities
subject to Chapter 466.
4. REPORTS. Contractor will provide the City with all necessary information
relating to the Lifeguard Service and Swimming Lesson Program in order for the City to
properly maintain the beach. On an as need basis the Aquatics Manager or Aquatics
Supervisor will report to the City representative in regards to incidents and/or accidents. At
the end of the season (October, 2009 & October 2010) the Contractor will provide the City
will a full report of beach activity during the season.
5. LIABILITY. Employees of the Contractor and all other persons engaged by
the Contractor in the performance of any work or services required, volunteered, or provided
for herein to be performed by Contractor shall not be considered employees of the City and
any and all claims that mayor might arise under the Worker's Compensation Act of the State
of Minnesota on behalf of said employees while so engaged in any of the work or services
provided to be rendered herein, shall in no way be the obligation or responsibility of the City
and all other persons engaged by the City in the performance of any work or services required
or provided for herein to be performed by the City shall not be considered employees of the
Contractor, and any and all claims that mayor might arise under the Worker's Compensation
Act of the State of Minnesota on behalf of said employees while so engaged and any and all
claims by any third parties as a consequence of any act or omission on the part of said
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employees so engaged in any of the work or services provided to be rendered herein shall in
no way be the obligation or responsibility of the Contractor.
6. INSURANCE. The City is responsible for obtaining property and liability
coverage for the cities' beaches. Contractor will maintain professional liability and
comprehensive general liability coverage for all employees in an amount consistent with
Chapter 466 of the Minnesota Statutes.
7. TERM OF AGREEMENT. Notwithstanding the date of the signature of the parties to
this Agreement, upon acceptance by all parties, this Agreement shall be deemed to be effective
upon signature by all parties and shall remain in effect until October 1, 2009 and October 1,
2010 unless earlier terminated by either party, with or without cause, upon 45 days written
notice or as otherwise provided in this Agreement.
8. DEF AUL T. If Contractor or City fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of this
Agreement, this shall constitute a default. Unless the party in default is excused by the other
party in default, the non-defaulting party may upon written notice immediately cancel this
Agreement in its entirety.
9. SUBCONTRACTORS. Contractor shall not enter into any subcontract for
performance of any services contemplated under this Agreement nor assign any interest in this
Agreement without the prior written approval of the City and subject to such conditions and
provisions as the City may deem necessary. Contractor shall be responsible for the
performance of all Subcontractors.
10. AUTHORIZED REPRESENTATIVES. The parties to this Agreement shall
appoint an authorized representative for the purpose of administration of this Agreement.
The authorized representative of the City is:
Todd Gerhardt
City Manager
City of Chanhassen
7700 Market Blvd., P.O Box 147
Chanhassen, Minnesota 55317
Phone: (952) 227-1119
83758
The authorized representative of the Contractor is as follows:
Tim Litfin, Executive Director
Minnetonka Public Schools Community Education and Services
4584 Vine hill Road
Deephaven, Minnesota 55331
Phone: (952) 401-5043
11. AMENDMENTS. Any amendments to this Agreement will be in writing and
will be executed by the same parties who executed the original Agreement, or their successors
in office.
12. ENTIRE AGREEMENT. It is understood and agreed that the entire
Agreement of the parties is contained herein and that this Agreement supersedes all oral
Agreements and negotiations between the parties relating to the subject matter hereof as well
as any previous Agreements presently in effect between the parties relating to the subject
matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed intending to be bound thereby.
CITY OF CHANHASSEN
(SEAL)
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
BY:
Tim Litfin, Executive Director
DATE:
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Minnetonka Aquatics Lifeguard Service Options for
Lake Ann Beach, City of Chanhassen, Summer 2009
Service Dates: Sat.. June 13 - Sun.. AU2. 16
(7 fewer service days than 2008, since last day of
school for Minnetonka is Tuesday, June 9.)
Option A
Service Hours: 10:30 am - 8:00 pm, 7 days (same
as 2008)
2009 Fee:
2010 Fee:
$28,420 (No increase over 2008)
$29,275 (3% increase over 2009)
Option B
Service Hours: 11 :00 am.....;S:OOpm, 7 days
2009 Fee:
2010 Fee:
$27,938 (1.9% decrease over 2008)
$28,776 (3% increase over 2009
Option C
Service Hours: 11 :30 am - 8:00 pm, 7 days
2009 Fee:
2010 Fee:
$27,100 (4.9% decrease over 2008)
$27,915 (3% increase over 2009)
Option D
Service Hours: 11:00.am -7:00 pm, 7 days
2009 Fee:
2010 Fee:
$25,897 (9.1 % decrease over 2008)
$26,674 (3% increase over 2009)
Option E
Service Hours: 12:00 -7:00 pm, 7 days
2009 Fee:
2010 Fee:
$25,200 (11.5% decrease over 2008)
$25,956 (3% increase over 2009)
Service Dates: Sat.. June 6 - Sun.. AU2. 16
72 days, same as 2008
Option A-I
Service Hours: 10:30 am - 8:00 pm, 7 days (same
as 2008)
2009 Fee:
2010 Fee:
Option B-1
Service Hours:
2009 Fee:
2010 Fee:
$30,662 (7.6% increase over 2008)
$31,582 (3% increase over 2009)
7 days
$30,100 (5.6% increase over 2008)
$31,000 (3% increase over 2009)
Option C-l
Service Hours: 11 :30 am - 8:00 pm, 7 days
2009 Fee:
2010 Fee:
Option D-l
Service Hours:
2009 Fee:
2010 Fee:
Option E-l
Service Hours:
2009 Fee:
2010 Fee:
$28,732 (1 % increase over 2008)
$29,595 (3% increase over 2009)
7 days
$27,890 (2.1 % decrease over 2008)
$28,728 (3% increase over 2009)
7 days
$26,590 (6.7% decrease over 2008)
$27,388 (3% increase over 2009)