1c Lifeguard Services Lake Ann CITYOF
1690 CiO, Center Drive, PO Box 147
Ct~anhassen, Minnesota 55317
Phone 612.937. I900
Ge,eraI Fax 612.937.5739
Enginee~qng Fax 612.937.9152
Public SafeO, Fax 612.934.2524
It3b ~vu,w. ci.&anhassen, m,.us
MEMORANDUM
TO:
Todd Hoffman, Park & Recreation Director
FROM: Jerry Ruegemer, Recreation Superintendent
DATE: February 6, 2001
SUB J:
2001 Agreement for Summer Services at Lake Ann Beach
Minnetonka Community Education and Services provides lifeguard services at 8
beaches including Lake Ann in our area. Minnetonka charges the City of
Chanhassen a percentage based on the total expenses of lifeguard hours performed at
Lake Ann. The total expenses for the program also includes administration, benefits,
supervisors, registration, mileage reimbursement, postage, printing, cellular phones,
pagers, uniforms, supplies and applicable Red Cross fees (as listed on Exhibit "A" in
the contract). The City of Chanhassen's 2001 total program expense percentage is
29.53%, which is the same percentage from 2000. Based upon this percentage, the
city's total, lifeguard bill would be $22,791.63. The $22,791.63 is 'a pre-determined
expense and is agreed upon if the contract is accepted. If both the Park and
Recreation Commission and the City Council are in agreement with this amount,
reimbursement would be divided into three equal payments of $7597.21, on July 11,
August 11, and September 11. Staff supports a pre-determined contract amount.
All portions of the contract have been reviewed by Minnetonka Community Services
and the city.
RECOMMENDATION
It is staff's recommendation that the Park and Recreation Commission approve the
Agreement for Summer Lifeguard Services at Lake Ann Beach for 2001, as provided
by Minnetonka Community Education and Services. The agreement covers many
details and I am confident that all of the city's interests have been covered.
STAFF UPDATE: (2-6-01)
The Park and Recreation commission reviewed the 2001 Lake Ann Beach contract at
their January 23rd meeting. The commission unanimously recommended that the
City Council approve the 2001 Lake Ann Beach Contract at their February 12th
meeting.
g:\park\j erry\li feguardcontract 2001 .doc
The City of Chanhassen. A Irozia, community, with clea, lakes, auality s&ools, a cha~min~ downtown, thrivin~ bminesses, and heautihd /~arks. A oreat ~lare to li,~e, work. and ~la=
AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - 2001 SEASON
AGREEMENT made this , day of , 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 2001 Swimming Season for Lake Ann Beach;
and
WHEREAS, the Contractor agrees to provide a Lifeguard Service and Swimming Lesson
Program for Lake Ann Beach, which lifeguard service shall be included within a total program
operated by the Contractor for seven beaches located in five participating communities ("Total
Program");
NOW THEREFORE, the parties agree as follows:
1. CONTRACTOR'S SERVICES.
A. Lifeguard Service. Contractor agrees to provide the City with qualified and Red
Cross certified personnel to lifeguard Lake Ann Beach from June 9, 2001 through August 26,
2001 on a seven day per week schedule from 10:30 a.m. to 8:00 p.m. daily (weather permitting).
Contractor agrees to provide:
1)
3)
4)
an appropriate number of lifeguards on duty at all times, according to any
applicable industry standards or regulations;
lifeguard staff with ongoing in-service training during the summer season;
supervision of lifeguard personnel; and
all necessary safety equipment for the Lifeguard Services;
B. Swimming Lesson Program. Contractor agrees to provide a program for swimming
lessons for the general public to be located at Lake Ann Beach. 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 safe, clean and well-maintained beach and beach
area at Lake Ann including defined swimming boundaries, sand and water free of debris and
safety hazards, clean and sanitary changing rooms, and a lifeguard station. The City agrees to
provide a wor-king telephone, lifeguard chairs, megaphone, and safety boat with oars.
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B. Payment. The City agrees to pay Contractor for its portion of the expenses incurred
for the Total Program. The expenses for the Total Program include the following:
Administration, Supervisors, Lifeguards, registration, mileage reimbursements, postage, cell-
phone, pagers, uniforms, supplies, and the applicable Red Cross Fee. A proposed budget for the
2001 Total Program is attached hereto as Exhibit A.
The City's portion of the Total Program expenses shall be a percentage based on the
scheduled lifeguard hours performed at Lake Ann Beach in relation to the scheduled lifeguard
hours for the Total Program. The City's portion of the Total Program costs for the 2001
Swimming Season is 29.53% based on the schedule attached hereto as Exhibit B.
Contractor will provide the Swimming Lesson Program to the City at no cost to the City.
All income and expenses will be the responsibility .of Contractor.
The City agrees to pay Contractor $22,791.63 for its share of the Total Program expenses.
The City's payment shall be made in three equal installments of $7,597.21 on July 11, August 11
and September 11, 2001.
3. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the
City, it's employees and officers 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 Contractor's perforrnance of this Agreement or in connection with any acts or
omissions of Contractor's employees. The City agrees to indemnify and hold harmless
Contractor and it's 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 Agreement or in connection with
any acts or omissions of City employees.
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 Lake Ann Beach and for assessing the Contractor's payment obligations, including the
following written reports: scheduled lifeguard hours, daily attendance reports to be provided at
the end of the season, and weekly incident and accident reports. Contractor shall provide a
budget for the following season in January 2002.
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 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 no way be the obligation or responsibility of the City. 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
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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.
6. INSURANCE. The City is responsible for obtaining property and liability
coverage for Lake Ann Beach. 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 signatures 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, 2001, 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 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 non-defaulting pmty excuses the 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
pelTormance 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:
Scott Botcher
City Manager
City of Chanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
Phone: (952) 937-1900
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The authorized representative of the Contractor is as follows:
Daniel S. Kuzlik, Executive Director
Minnetonka Public Schools Community Education and Services
5621 County Road 101
Minnetonka, Minnesota 55345
Phone: (952) 906-2550
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 execffted
intending to be bound thereby.
CITY OF CHANHASSEN
BY:
(SEAL) Linda C. Jansen, Mayor
AND
Scott Botcher, City Manager
MINNETONKA PUBLIC SCHOOLS
COMMUNITY EDUCATION AND SERVICES
BY:
Daniel S. Kuzlik, Executive Director
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EXHIBIT "A"
TOTAL PROGRAM 2001 SWIMMING SEASON BUDGET
SUBTOTAL
TOTAL
Administration 1,040.00
Supervisors 5,720.00
Fringe Benefits 1,144.00
Lifeguards 62,179.68
Fringe Benefits 4,576.73
Workman's comp. 1,865.39
Mileage Reimbursement 270.40
Postage 260.00
Printing 260.00
Phone-Cell 260.00
Pagers 270.40
Uniforms 546.00
Supplies 572.00
Red Cross Fee 960.00
Weather Rebate
$79,404.60
-$9,99.3.33
$77,181.27
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EXHIBIT B
The schedule for Summer 2001 is as follows:
All beaches open on June 9 and close on August 26.
Deephaven
3 beaches - Main, Robinsons, Sandy
Scheduled lifeguard hours = 2451 (33.37%)
Shorewood
1 beach - Crescent (shares expenses with Tonka Bay
Scheduled lifeguard hours = 276.5 (3.76%)
Tonka Bay
2 beaches - Wakota and Crescent (shares expenses with Shorewood)
Scheduled lifeguard hours = 750.5 (10.22%)
Chanhassen
1 beach - Lake Ann
Scheduled lifeguard hours = 2169 (29.53%)
Excelsior
1 beach - Excelsior
Scheduled lifeguard hours - 1,698.5 (23.12%)
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