1e. 2013-2014 Lake Ann Beach Lifeguard Contract0
CITY OF
CBANgASSEN
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: Todd Hoffman, Park & Recreation Director
FROM: Jerry ue emer Recreation Superintendent IV-
Y g � p
DATE: March 11, 2013
SUBJ: Approval of 2013 -2014 Lake Ann Beach Lifeguard Contract
PROPOSED MOTION:
The City Council approves the two -year contract with Minnetonka Public
Schools ISD 276 for lifeguard services at Lake Ann Beach in the amount of
$29,187 per year."
Approval requires a simple majority vote of the council.
BACKGROUND
The Park & Recreation Commission reviewed the options provided by
Minnetonka Public Schools ISD 276 for the 2013/2014 Lake Ann Beach
Lifeguard Contract at their meeting on February 26. The commission
recommends that the city council approve Option B, which provides the
following lifeguard coverage:
As can be seen, Option B includes a 2.5 hour per day (180 hours for the entire
season) reduction in lifeguard hours over the 2011/2012 contract. This option
represents a 6% increase in the total contract amount for each of the next two
years and is included in Budget 1540, Lake Ann Operations.
ATTACHMENTS
1. Proposed Two -Year Contract for Lifeguard Services at Lake Ann
g: \park \jerry \lake ann beach \beach contract cc report 3- 11- 13.docx
0
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
2011 -2012
2013 -2014
No. of Hours /Day
26
23.5
No. of Days in Season
72
72
No. of Hours in Season
1,872
1,692
Dates Beach Open
June 9-August 19
1 June 8-August 18
Daily Hours
I 1 am -7 pm
11 am -6 pm
Annual Contract Amount
$27,529
$29,187
As can be seen, Option B includes a 2.5 hour per day (180 hours for the entire
season) reduction in lifeguard hours over the 2011/2012 contract. This option
represents a 6% increase in the total contract amount for each of the next two
years and is included in Budget 1540, Lake Ann Operations.
ATTACHMENTS
1. Proposed Two -Year Contract for Lifeguard Services at Lake Ann
g: \park \jerry \lake ann beach \beach contract cc report 3- 11- 13.docx
0
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2013 & 2014
AGREEMENT made this March 11, 2013 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 2013 and 2014 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 8 through August 18, 2013
and June 7 through August 17, 2014 from 11:00 a.m. to 6:00 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
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,
and safety boat with oars.
B. 2013 Payment. The City agrees to pay Contractor a total of $29,187.00 divided into
two equal payments of $14,593.50 on July 10, August 10, 2013 in return for lifeguard services.
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C. 2014 Payment. The City agrees to pay Contractor a total of $29,187.00 divided into
two equal payments of $14,593.50 on July 10, August 10, 2014 in return for lifeguard services.
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 Services provided 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, 2013
& October 2014) 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 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 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.
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.
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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, 2013 and
October 1, 2014 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 party in default is excused by the other party in default,
the non - defaulting parry 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
The authorized representative of the Contractor is as follows:
Dennis Peterson, Superintendent
Minnetonka Public Schools
5621 County Road 101
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.
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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)
:•
Thomas A. Furlong, Mayor
:,o,
Todd Gerhardt, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
Flow
Dennis Peterson, Superintendent
DATE:
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