1e Lake Ann Beach Contract
CITY OF
CHANHASSEN
I City Cmter Drive, PO Box 147
,Ï1anhassm, Minnesota 55317
Phone 6l2.937.1900
General Fax 612.937.5739
,gineering Fax 6l2.937.9152
blie Safety Fax 6l2.9342524
'leb www.ci.chanhassen.mn.us
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MEMORANDVM
TO:
Todd Hoffinal1, Park & Recreation Director
FR.OM:
I
Jerry Ruegemer, Recreation Superintendent
DATE:
January 18, 2000
SUBJ:
2000 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,
supervisors, registration, nlileage reimbursement, postage, cellular phones, pagers,
uniforms. supplies and applicable Red Cross fees (as listed on Exhibit "A" in the
contract). The City ofChanhassen's 2000 total program expense percentage is
29.53%, which is the same percentage from 1999. Based upon this percentage, the
city' s total lifeguard bill would be $2] .91 0.75. The $21,910.75 is a pre-determined
expense and is agreed upon if the contract is accepted. Ifboth the Park and
Recreation Commission and the City Council are in agreement with this amount,
rcimbursement would be divided into three equal payments of $7303.58, on July] 2,
Augus! 12. a,-;d September 12. Staff supports a pre-determined contract amount.
;\!! p,~rt¡ons of ¡he I;olltract h~\'e been r<,viewed by Minnetonka Community Services
a¡1d ¡he cory.
RECOMMENDA nON
it is staWs recommendation that the Park and Recreation Commission approve the
Agreement for Summer Lifeguard Services at Lake Ann Beach for 2000, as provided
by Minnt:tonka 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 (1-27~O)
The Park & Recreation Commission reviewed the Lake Ann Beach Contract at their
January251h meeting. The commission unanimously recommended that the city
,council approve the Lake Ann Beach Contract at their February 14th meeting.
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AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - 2000 SEASON
AGREEMENT made this _, day of , between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and the MlNNETONKA
PUBLIC SCHOOLS COMMUNITY EDUCATION AND SERVICES (the "Contractor").
W~REAS, the City of Chanhassen has requested that Contractor provide a Lifeguard
Service and Swimming Lesson Program during the 2000 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 10, 2000 through August 27,
2000 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) 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; and
4) 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 working 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, unifonns, supplies, and the applicable Red Cross Fee. A proposed budget for
the 2000 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 perfonned 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 2000
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 $21,910.74 for its share of the Total Program
expenses. The City's payment shall be made in three equal installments of $7,303.58 on July
12, August 12 and September 12, 2000.
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 perfonnance of this Agreement or in connection with any
acts or omissions of Contractor's employees. The City agrees to indemnify and hold hannless
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 perfonnance 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 2001.
5. LIABILITY. Employees of the Contractor and all other persons engaged by
the Contractor in the perfonnance of any work or services required, volunteered, or provided
for herein to be perfonned 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.
All other persons engaged by the City in the perfonnance of any work or services required or
provided for herein to be perfonned by the City shall not be considered employees of the
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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
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, 2000,
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 party 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
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;
Scott Botcher
City Manager
City of Chanhassen
690 City Center Drive
Chanhassen, Minnesota 55317
Phone: (612) 937-1900
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Daniel S. Kuzlik, Executive Director
Minnetonka Public Schools Community Education and Services
5621 County Road 101
Minnetonka, Minnesota 55345
Phone: (612) 906-2550
The authorized representative of the Contractor is as follows:
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:
Nancy K. Mancino, Mayor
AND
Scott Botcher, City Manager
MINNETONKA PUBLIC SCHOOLS
COMMUNITY EDUCATION AND SERVICES
BY:
Daniel S. Kuzlik, Executive Director
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SUBTOTAL
TOTAL
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EXHIBIT "A"
TOTAL PROGRAM 2000 SWIMMING SEASON BUDGET
Administration
Supervisors
Fringe Benefits
Lifeguards
Fringe Benefits
Workman's compo
Mileage Reimbursement
Postage
Printing
Phone-Cell
Pagers
Uniforms
Supplies
Red Cross Fee
Weather Rebate
1,000.00
5,500.00
1,100.00
59,788.15
4,573.78
1,793.64
260.00
250.00
250.00
250.00
260.00
525.00
550.00
2'5000
$76,350.57
-$2 1'52 :'17
$74,198.20
EXHIBIT B
The schedule for Summer 2000 is as follows:
All beaches open on June 12 and close on August 29.
Deephaven
3 beaches - Main, Robinsons, Sandy
Scheduled lifeguard hours = 2451 (33.37%)
Shorewood
I 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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