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1b. Lake Ann Beach Lifeguard Contract0 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 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: FROM: DATE: SUBJ: Todd Hoffman, Park & Recreation Director Jerry Ruegemer, Recreation Superintendent March 14, 2011 2011/2012 Lake Ann Beach Lifeguard Contract PROPOSED MOTION: "The City Council approves a two -year contract (2011 -2012) for Lake Ann Beach Lifeguard services with Minnetonka Public Schools in the amount of $27,529 each year. This is based on Option A which provides lifeguard services seven days per week from 11 am to 7 pm. The beaches will be open from June 11 through August 14, 2011 and June 9 through August 19, 2012." Approval of this recommendation requires a simple majority vote of the City Council. The City of Chanhassen contracts with Minnetonka Public Schools for the provision of lifeguard services at Lake Ann Park. The city and Minnetonka Schools have used a two -year contract format since 2007. The 2009- 2010 contract reduced service hours and dates, which in turn lowered contract costs with minimal impacts to service levels. The 2011 -2012 Option A maintains the same level of service and hours as provided the past two years; however, costs increase .5% or $141 per contract year. Under Option A, the city will receive lifeguard services seven days per week from 11 am to 7 pm. The beaches will be open from June 11 through August 14, 2011 and June 9 through August 19, 2012. Funding for this contract is included in the Lake Ann Park Operations Budget (1540). ss Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Hoffman March 14, 2011 Page 2 PARK AND RECREATION COMMISSION RECOMMENDATION The Park & Recreation Commission reviewed the Lake Ann Beach contract at their February 22 meeting. Following discussion, the commission recommends approval of the attached 2011 -12 Contract for Lifeguard Services with Minnetonka Public Schools, based on Option A in the amount of $27,529 per year. ATTACHMENT 1. Proposed Lake Ann Beach Contract for 2011/2012 2. Lifeguard Service Proposal Options g: \park \jerry \lake arm beach \lake arm beach lifeguard contract cc memo 201 1- 2012.doex TWO (2) YEAR AGREEMENT FOR SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2011 & 2012 AGREEMENT made this between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City ") and the MINNETONKA PUBLIC SCHOOLS (the "Contractor "). WHEREAS, the City of Chanhassen has requested that Contractor provide a Lifeguard Service and Swimming Lesson Program during the 2011 and 2012 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 11 through August 14, 2011 and June 9 through August 19, 2012 from 11 :00 a.m. to 7:00 p.m. daily (weather permitting). all necessary safety equipment for the Lifeguard Services including: rescue tubes, first aid kits, reaching pole, rescue board C. Swimiriixxg 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, 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 and lifeguard station. The City agrees to provide a working telephone, lifeguard chairs, megaphone, 83758 and safety boat with oars. B. 2011 Payment. The City agrees to pay Contractor a total of $27,529.00 divided into two equal payments of $13,764.50 on July 10, August 10, 2011 in return for lifeguard services. C. 2012 Payment. The City agrees to pay Contractor a total of $27,529.00 divided into two equal payments of $13,764.50 on July 10, August 10, 2012 in return for lifeguard services. 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 City, its employees and officers subject to limitat any and all liability, loss, costs, damages and exp damage and personal injury, including death, wlii omissions of Contractor's employees. The City a Contractor and its employees, officers and agents agreesto indemnify and hold harmless the s of Chapter 466 of Minnesota Statutes from es including but not limited to property arise in connection with any acts or es to indemnify and hold harmless >m,any and all liability, loss, ,costs, damages and expenses including but not limited to property dam geand 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. 5. LIABILITY . %T mployees 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 may or 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 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 may or 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 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. 83758 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, 2011 and October 1, 2012 unless earlier terminated by either party;,with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. 8. DEFAULT. If Contractor or City. Agreement or so fails to administer the work as tr this shall constitute a default. Unless the party in the non - defaulting party may upon written notice entirety. Is to perform any of the provisions of this danger the performance of this Agreement, ault is excused by the other party in default, nediately dancel this Agreement in its The authorized represir ative of the City is: The authorized representative of the Contractor is as follows: Dennis Peterson, Superintendent Minnetonka Public Schools 5621 County Road 101 83758 Minnetonka, Minnesota 55345 Phone: (952) 401 -5000 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 intending to be bound thereby. CITY OF CHAT yor to be duly executed MINETONKA PUBLIC SCHOOLS BY: Dennis Peterson, Superintendent DATE: 83758 Minnetonka Aquatics Lifeguard Service Proposal for City of Chanhassen Summer 2011 and 2012 2009 — 2010 Contract 2009: $26,590 2010: $27,388 Total: $53,978 Initial Proposed 2011— 2012 Contract 2011: $26,674 2012: $26,674 Total: $53,348 Option A (same coverage as 2010) Service Dates 2011: Saturday, June I 1 `h through Sunday, August 14` 2011 2012: Saturday, June 9 1h through Sunday, August 19` 2012 Service Hours: 11 am — 7 pm, 7 days a week Fees: 2011: $27,529 2012: $27,529 Total: $55,058 Option B (one less week in 2012) Service Dates 2011: Saturday, June 11 `h through Sunday, August 14` 2011 2012: Saturday, June 9` through Sunday, August 12` 2012 Service Hours: 11 am — 7 pm, 7 days a week Fees: 2011: $26,752 2012: $26,752 Total: $53,504 Option C (Close 30 minutes earlier) Service Dates 2011: Saturday, June 11 `h through Sunday, August 14` 2011 2012: Saturday, June 9` through Sunday, August 19` 2012 Service Hours: 11 am — 6:30pm, 7 days a week Fees: 2011: $27,011 2012: $27,011 Total: $54,022