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1c 2005 Lake Ann Lifeguard Cont CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone 952.2271100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.2271160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax. 952.227.1110 Park & Recreation Phone 952.227.1120 Fax 952.227.1110 Re(:reation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.2271110 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 wwwci.chanhassenmn.us ..L~ ~ MEMORANDUM TO: Todd Hoffman, Park & Recreation Director FROM: Jerry Ruegemer, Recreation Superintendent ~. DA TE: March 14, 2005 SUBJ: 2005 Lake Ann Beach Lifeguard Contract The city reviews and approves the lifeguard contract for Lake Ann Beach on an annual basis. In the past, the city has contracted for these services from Minnetonka Community Education and Services (MCES). This year the city has the opportunity to review contracts from two providers-MCES and a new company named Minnesota Safety Services. Minnesota Safety Services was formed by John Raby, a former employee of MCES. John was in charge of all the lifeguard services at MCES and had been my contact there for the past 15 years. Staff requested both companies to submit information detailing how they will provide lifeguard services for the 2005 season. This information is attached and also includes proposed contracts. The contracts are almost identical, with MCES submitting a bid of $27,555 and Minnesota Safety Services submitting a bid of $27,279 (a difference of $276). Representatives from both groups will be present at the March 22nd Park & Recreation Commission meeting. RECOMMENDA TION It is staff's recommendation that the Park & Recreation Commission recommend that the City Council approve the contract from Minnetonka Community Education & Services in the amount of $27,555 to provide lifeguard services at Lake Ann Beach for the 2005 season. This amount is included in the Lake Ann Park Operations budget (1540) for 2005. A TT ACHMENTS 1. 2. Information and Contract from Minnetonka Community Education Services. Information and Contract from Minnesota Safety Services. PARK AND RECREATION COMMISSION ACTION On Tuesday, March 22nd, the Park and Recreation Commission formally received the staff report on this item, listened to extensive reports from both parties offering The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses. winding trails, and beautltul parks A great place to live, work, and piay G:\PARK\JERRY\Lifeguard contract 2005.DOC Lake Ann Lifeguard Contract 2005 March 14, 2005 Page 2 lifeguard contracts, and discussed the merits of both as a commission. Upon the conclusion of their deliberations, the commission made the following motion: "Commissioner Scharfenberg moved to recommend that the City Council approve the contract from Minnetonka Community Education & Services (MCES) in the amount of $27,555 to provide lifeguard services at Lake Ann Beach for the 2005 season. Commissioner Atkins seconded the motion. Chair Stolar called the question and Commissioners Spizale, Murphy, Stolar, Atkins and Scharfenberg voted in favor; Commissioners Dillon and Kelly opposed and the motion passed on a 5 to 2 vote." Park and Recreation staff recommends that the beach officially open on June 11, 2005. MCES will provide weekend service as early as Memorial Day weekend in the event that we experience a warmer than normal spring. Note: A variety of submittals concerning this item were received after the publication of the March 22, 2005, Park and Recreation Commission agenda. They have all been attached to this report. The verbatim minutes from the Park and Recreation Commission are also attached. Approval of this item is time sensitive to permit the publication of program information in various newsletters. Todd Hoffman (3-23-05) c: Minnetonka Community Education and Services Minnesota Safety Services Park and Rec Commission - March 22, 2005 RECOMMENDA TION CONCERNING 2005 LAKE ANN BEACH LIFEGUARD CONTRACT. Stolar: Commission members, please note there were some additional handouts given to us. Hoffman: Chair Stolar, members of the commission. Lake Ann beach has been a lifeguarded facility since approximately 1976. The City reviews and approves the lifeguard contract for that beach on an annual basis. The reason for our contractual arrangement, if you can think about it is, we have a single beach location within our community. We have no public pools and that was not in our best interest to guard it and establish our own water program for lifeguards and lessons.. . make it financial prudent so we contract and for the past some 20 years we've contracted with Minnetonka Community Education Services for that beach lifeguard and lesson program. This year the city has the opportunity to review two contracts. The Minnetonka Community Education Services and a new company named Minnesota Safety Services. Minnesota Safety Services was formed by John Rabe, a former employee of the community ed department and John was in charge of that lifeguard program at Minnetonka for many years. He was Jerry's contact and my contact before that for our lifeguard contract. Both Mr. Rabe and representatives from the Minnetonka Community Educational Services department are here this evening to answer any questions that you have. Staff has requested both companies submit information detailing how they will provide lifeguard services. That information is attached in your packet. The contracts are almost identical. The bids are $176 apart. Representatives are here this evening. It's staff recommendation that the commission recommend that the City Council approve a contract with Minnetonka Community Educational Services in the amount of $27,555 to provide lifeguards and swimming lessons for the 2005 season. That amount has been included in our Lake Ann operations budget for 2005. I'd be happy to answer any questions and then the commission can take presentations if they'd like from the contract providers and we'll answer any questions. Stolar: What I'd like to do is, if we could, without objection, we're ask some of the more basic, fundamental clarification questions for Todd first. Then I think we ought to invite our guests to make a brief presentation and then we ask them questions. Is that an okay process commission members? Okay, so questions for Todd. Why don't you start Tom. Kelly: I just have one question. Looking at the contracts ourselves, at the Minnesota, the MCSE starting on June 10th and the other one starts on J une 4th. So even though the, I just want to know was, I know that the MSS one is less expensive but if you take into account that actually gets even more. It's even less expensive than the 276 because we do get the extra 6 days. Hoffman: Both providers will start on either June 4th or June 10th for the same price so. Kelly: Oh they will, okay. Okay, okay. Hoffman: I didn't get a chance to talk to Jerry. He's out of town. I don't know why we have two different dates there. We specify the start date for the contract and so. Stolar: Ann. Murphy: Todd, what's the reason for us recommending the MCES over, what's the reasoning behind this recommendation? Hoffman: What's the reasoning? We have two identical contracts. We have a service provider that has been with the city for 20 some plus years. Our residency is about 40 to 45 percent in the Minnetonka school district. The contract that we have to provide the services is one of the good things about that relationship that we have with that school district. It's served our community, our residents very well for 26 years. Unless there's an outstanding reason why we should switch to a separate provider, I see no reason from a staff's perspective to change that relationship. There are many intrinsic, intangible benefits to having a relationship with one of our school districts in this fashion. We contract with both our districts for a variety of services and we're like organizations. In a situation where you have a contractual arrangement, if there were issues regarding the contract of the beach, you'd be dealing with school district that has the financial backing and the wherewithal really to back up the city in any situation so, those are some of the reasons. Stolar: Okay. Dillon: I don't know if it's really relevant to our decision or anything but why did Mr. Rabe leave the one company to start his own? Hoffman: I don't know if that's relevant either. He can choose to answer that question if he wants to. Stolar: And you can feel free to ask him when we're there. Okay. Jack. Spizale: No questions. Stolar: Steve. Scharfenberg: No questions. Stolar: Paula. Atkins: The swimming lessons schedule, lesson plan the same? Hoffman: I believe so, yeah. There's no change that I'm aware of. Atkins: With both companies. They're both service providers. Hoffman: Yeah, they can speak to that too if they want to. Stolar: Ijust have one final question. What was last year's contract again? Do you remember off the top of your head? 2 Hoffman: The amount? Stolar: Yeah. Hoffman: No, I do not. Stolar: I forgot to pull out last year's one. If you would speak to that please. I guess without further ado, if there's no objection from commission members why don't we invite our guests to speak and I have no preference for who goes first. Is there any desire of our guests? Okay, John why don't you. Mr. Rabe. John Rabe: Sure. What I want to do is I just wanted to come in and talk to you a little bit, just to say why I think we need to address the situation of whether we should change lifeguard services. The first one I want you to start with is last night the City of Excelsior and the City of Deephaven have hired my company to do their lifeguard services so we have two of the main programs are now with me. I started, I grew up in this community. I still live in this community. I've been a resident of Shorewood actually my entire life. Just jumped around to different parts of it. Went to Minnetonka school myself. I started working in the MCS aquatics program in 1978 as a 13 year old. Yeah they broke some laws to hire me but that's I guess how it worked back then. I was working as a cashier at the pool and so forth, and moved on from there. I have started lifeguarding on Lake Ann Beach in 1980 and I've never left the program. Stayed involved with it. 1989-1988 I took over the aquatics program as the pool director. In 1989 I took on the role of pool director and beach director, combining three different peoples jobs into one. Obviously this is something I've dedicated my life to and it's very important to me. This program. Something that we've done, in 1988 I took over a very small aquatics program and built it into one of the largest aquatics in the state. We're nationally known. We're very well organized. One of the biggest and most effective programs. So again it was very hard for me to walk away from that whole combination of programming and doing where I built it from where it was and where it is now. I'm very proud of the fact that I have a very highly trained staff that's very loyal. We have a very small turnover and most of that staff is coming with me and obviously now that I have contracts with other cities, obviously the top of the staff is going to definitely work in those cities because they're staying with me. We really push very hard in our professionalism of our lifeguards. You know we teach real high caliber training as far as skills and techniques. We also teach real high caliber PR and professionalism, which is a very key component and you can tell that by the simple fact that the city gets no, very rarely ever gets complaints about the lifeguards on any of our services. And that's training. We teach them how not to get complaints. Teach them how to be representatives of the city and pass things on. My programs have set the standard in training in the State of Minnesota for a long, long time. Our in service training is second to none. I'm giving you a plan for what our in service training program is. It's very intense. We spend more hours in training than any other program. The training we do, we do things that are not currently in the Red Cross programs. We're doing things that are advanced beyond that. The current Red Cross program, people have a misconception. They believe that a lifeguard can make a rescue in the water with any situation. That's not true. Lifeguards currently right now have to be trained how to use rescue equipment to make rescues. Not our lifeguards. Our lifeguards have the next level of training. They can make rescues without rescue equipment. They're trained that well. We had rescue equipment 3 here in 1989 before it was the norm in the industry because we think rescue equipment is much better than not having it, and we've had it for all of our staff, but we also think that it's a mistake to not have a back-up plan if the equipment doesn't work, so our staff is trained at a higher level than the current American Red Cross program. All of our employees have to take a water test to be hired. You can't just walk in with a certificate and say I'm a lifeguard. You have to go in the water and show us your skills. All of our staff, the first week of the summer and the sixth week of the summer have to go through and show us all their CPR skills. We don't trust the card again, same thing. We want to see their skills. We want to move them to the next level. In service training is so important to me that since 1989 when I took over the aquatics director position I have only missed one in service meeting. That means I've attended 143 trainings where I've been the lead instructor for a training of lifeguards working at Lake Ann beach. Okay. My training staff has over 110 years of experience in aquatics. These are the guys that come on deck and teach the staff what's going on. They're not necessarily lifeguarding any more, but they're the guys who come in and do the training with me. Right now currently I have commitments from 100. 100? I like that. Currently I have commitments from 37 of my employees from last year and this is my college age and up. Three of these are high school kids will be in high school next year because they found out about me. I've been avoiding the high school kids because they're Minnetonka students and I didn't want to get them in the middle of this issue. Couple things just... personally as a trainer. I am nationally known for my abilities to do waterfront training and lifeguarding. I was actually a member of the National Red Cross technical advisory committee for the current lifeguard training program. If you open up the manual you'll see my name in there. All the skills that were done were passed through my, for my ideas and thoughts and you know critiquing and so forth. I also before that was also on the national program to develop the current junior lifeguard program which is called Guard Start. And on that program I was actually on the development team so I was involved in the curriculum and the planning and so forth, so again not just your typical aquatics director here. Also a couple years ago I discovered that the Hennepin County Water Patrol did not have any kind of water rescue training, which I thought was kind of a strange thing, so started working with them and I've now trained all of their deputies and their special deputies in water rescue and spinal back boarding and actually 2 years ago working with the DNR and the Hennepin County Water Patrol we did a statewide water rescue program where we trained sheriffs and conservation officers and there were a few Carver County's deputies there as well. In water rescue techniques. I was just invited last week by the St. Paul Red Cross to head up a statewide training that they're going to do for teaching people who are aquatic directors, how to do in service training for beaches. So I've accepted that position as a volunteer to help them out in April as the lead instructor there. Okay. You also have on your list there just to show that I'm not one of those people that has lots of certificates and actually doesn't teach, you have a list of my last, of my current teaching for the last 11 years and one, Todd actually has the Red Cross documentation proving that you guys have a little chart that shows how many classes I've taught, and if you'll notice, there's quite a bit. I've got over 400 lifeguard training students in the last 11 years. Over 200 waterfront people so there's a lot of students that I've taught so I'm not just, you know I'm actually physically doing it too. And that's over and above my full time job. Some things you need to realize, if you separate from, you know because Deephaven and Excelsior have now come on board. You are the last of the multi-man facilities if you stay with community services. You have to realize that on a Saturday afternoon, if it's busy down here and you need an extra guard, you don't have that extra guard. When you have Excelsior and Deephaven tied in, we can call 4 Excelsior and say, are you busy? We can send a guard down. We can do the same thing with Deephaven. Send a guard down, and vice versa. We can send a guard from Lake Ann to help Deephaven. You've lost that ability by separating from those two facilities. And then I guess I have to, I'm a little concerned that when my contract went public, and I'm running a status quo program which has been 11 weeks, or 79 days of programming, I'm running a status program without my lifeguarding days. My contract was made public. All of a sudden there's now discussion about changing the other contract. I think that's questionable. You know I think that they've got a 10 week season scheduled with Deephaven right now. That was what they proposed there. They put a 10 week season out everywhere. Basically now all of a sudden they've turned around and make a statement that they'll change. I don't know. Also if you notice, they listed on there for shifts a 4 guards from 1:00 to 5:30. We've never run 4 guards in that timeframe. They're making up a schedule that has never been done before. Quite frankly we do critique, we do change those schedules quite a bit based on what's going on with attendance, and right now you'll have too many guards at 5:30 and not enough guards at 6:00. If you look at how we do it, you're much better off to send one guard home at 4:30 and keep an extra guard on tiI6:00. You'll have 3 guards from 4:30 to 6:00 where you need your people. You don't need 4 guards at 4:30. You don't need 4 guards at 5:30 but you do need 3 guards at 6:00. Plus if you notice we have one rotation there where the guards are split. It's a split shift. What that does is that allows the 2:30 guard to either stay later, if we do need extra help or have the other guard come in earlier if we need extra help, so again those are things you learn by doing the program for a long time. We've worked those out. And I think really on that, that's pretty much I think. Again the swimming lesson question I think was really good. I've put out there what we're going to do. I'm curious what the district's going to do. We're just status quoing. 4 sets of lessons. 4 days a week. 4 weeks, two sessions. We're not changing the system. It's been the system I've been doing for 16 years. And I do have a list, I have a 35 page staff manual. We're not halfway there. We're doing this and I have a full list of all 37 employees with their start dates and again these are not, these are all experienced guards. There's not one brand new guard in there. Stolar: Thanks. Maybe Todd, I think why don't we do questions now. Okay. Steve, why don't you start with questions. Scharfenberg: I don't have anything right now. Stolar: Paula. Atkins: In essence you've developed the MCES program? John Rabe: I feel I can take a lot of credit for a lot of the development there. I had 3 more beaches came on after I took over. The program that's running now is my program. Atkins: So if we're the last community to approve a contract, does that mean that the MCES program will fold? John Rabe: No. I mean, and.. .I'm not misleading you. Wayzata has not made a decision yet. And Tonka Bay is making a decision tonight, but of the 3 big beaches, the 2 big ones made it 5 yesterday and you guys are the third beach right now. Some of the beaches are one man facilities and one man facilities are, they can't do much but take care of themselves. Stolar: Any more Paula? Atkins: No, not right now. Stolar: Tom. Kelly: The only question I have is on staffing, given that you, you committed Excelsior and Deephaven, would 37 employees be sufficient to cover those 2 beaches as well as us? John Rabe: 37 employees is more than I need to do the program. The entire program. All the beaches. Stolar: So following on that question, what are you going to do with the people that you don't have the capacity to use? John Rabe: Well, the reality is I'm going to take the very most experienced of those guards and put them in my program. I'm going to work my way down. And the dangerous thing of that of course is that you lose your base of youngsters. Your puppies that are going to build your program later, so it's going to be an interesting year. We'll be strong for several years but we're going to have to start recruiting younger to replace our older guys as they go away, and we're going to, and you know that's the advantage of the bigger program is we do have, like for example you guys have a fantastic training shift, that one shift where it's a 3 hour, 3 Y2 hour shift. It's a great shift to bring in a first year guard, who's younger because they have a 3 hour shift there. They're not getting themselves into an 8 hour shift and they can learn and develop that way. Stolar: In your discussion you've talked about, your kept saying, you know I've done this. I've done this. All of that relates to what you've done for MCES and you're just going to start doing that using the manual and all as your people start coming in. John Rabe: Yes. I have, this is the only place I've ever worked. This is my career and you know if you'd asked me last year, I would have told you I was going to retire here. At Minnetonka Community Services. Kelly: Could I ask... I was curious, on 30 some employees, roughly what percent of them have previous Lake Ann guard experience? John Rabe: Almost, well quite frankly almost all of them because the way we move the guards around, they do experience most the beaches. They do a lot of working for each other and supporting. One of my supervisors was 3 years full time on Lake Ann. So again 3 of these guys are from last year's full time staff. But again you know, there's quite a bit of experience there. Murphy: I just want to clarify. So Deephaven and Excelsior were last year were using MCES. 6 John Rabe: Everybody was using MCES last year. Murphy: They have made a decision to go with you. John Rabe: Yep. Murphy: Okay. How, I guess how are you better than MCES or how do you see things that you're better? John Rabe: Well I think that I have, first off I really know these facilities and I can tell you exactly where every drop off, every issue as far as where the sun comes in, the wind blows the sand. What you're doing with there. I have extensive waterfront training. You know there's lots of people that are trained to be lifeguards but if you're not trained in how to do waterfront, which is beaches, you know it's a very different game. So I think that just my personal experience and my knowledge and my reputation in the industry and my returning staff, you know.. . for 6-7 years. I really think that that says a lot for it. Murphy: So is the program going to be any different this year than it was last year then at Lake Ann or would you just look for the same? John Rabe: Quite frankly you know, I think the relationship for, with Lake Ann beach has been with me and I'm just changing the name, so the, I'm planning basically to run. I've been running the program for a long time. You're always critiquing and seeing what you're doing but yes, the program's going to be very similar and it's going to be pretty much status quo and hopefully with a lot of the same staff. It's going to be the same management. It's going to be you know, it should be a seamless change except for the uniforms will change. Dillon: When did you start your company? Just this year? John Rabe: January. I resigned from the District January 1st. Dillon: And why? Stolar: Let me just, feel free if you don't feel it's relevant don't feel pressured. John Rabe: You know I'll make this statement because I'm very loyal to community services and I don't want anybody to think I'm here to wreck them or damage them and quite frankly I'm hoping that we can have a good relationship so my staff during the summer can work there during the winter, because they need a lot more staff in the wintertime than they do in the summer time in the pools. Some of my guys will, and it will be good for them to have employment so I'm hoping they can maintain their relationship. Our department's changed a lot in the last year. I think the best thing to do is if you just look at the staff directory, from last year at this time to currently, you'll see that the director has changed. Two coordinators have changed. 6 program managers have changed and 3 clerical have changed. A lot of people have left the department and there's things and again like I say, probably at this, I think that's 7 probably enough to say. But like I said, I left a 57 year old retirement package full of benefits and stuff. It's just, it's time to move on. Spizale: Probably one question. Do you or will you have any type of training with your lifeguards and rescue personnel like fire department and? John Rabe: Yes. Spizale: And what would that be? John Rabe: Typically, Excelsior Fire Department responds to everyone of our facilities except for Lake Ann. And we train with Excelsior Fire Department every 3 years. We try to get them in the water at actually the beach. We haven't been as good with Chanhassen's Fire Department. We've done training with them, the last one was probably about 6 years ago. And it's time to do that letter. Quite frankly one of the things I see as an advantage in this, for me is I'm not going to have all the recreation programs that I did you know. I'm going to be concentrating on this program so I can make those connections a little better. Stolar: And just for clarification again when you say we, you're talking about we, MCES did these training 6 years ago. John Rabe: You know I'm really sorry because bottom line is yes. I have been MCES for so long that I say we... Stolar: For the record Ijust want to make sure we're clear about that. John Rabe: You're absolutely correct and I'm sorry but yes, it's very, very hard for me to turn off the MCES. I'm very loyal to MCES. Stolar: Okay. Then we'll invite you obviously to sit through the other discussion. Audience: Mr. Chairperson? I'm here to speak on John's behalf. Is there a point at which I might be able to say. Stolar: In what capacity would you be doing that because we have plenty of personal references. I don't think we need any more comments on that. Audience: Okay. I'm here as a parent of 4 lifeguards and a 20 year Deephaven resident... would like to advocate on John's behalf. Stolar: I will leave it up to the commission because we received plenty of that type of referencing so I do appreciate your taking the time. I'll leave it up to the commission members. Would you like to have her say a few words? Okay, thank you. Without objection then, I think we've gotten several, many... (There was a tape change at this point in the discussion.) 8 MCES Rep: .. . developed together and have been successful for nearly 30 years now. And I just want to assure you that in community education we are very committed to continuing the very high level of service and the high quality of programming that has become the hallmark of community education services aquatics program, both in our pools and at the beaches and we're very committed to continue that partnership and I think that our proposal before you will show that it has been solid and long term, high quality program and again we intend to continue that. I don't think there's ever been any question about the quality of our programming and that will certainly continue. Although we do have some new staff on board, the program is much larger than one person or two people and there's a large staff behind it and that will continue as well. I've been with community ed over 11 years. Our director is new, Tim Littfin, but he's not new to community ed. He's been an executive director for community education in the west metro area for several years. He most recently in Waconia. Sarah comes to us highly qualified and with over 15 years of experience in aquatics management, most recently from the Flagship Corporation. In addition to the high quality and high standards that the programming in the community education provides, I believe that the MCES aquatics program can provide for the City of Chanhassen the added benefits to only backing up.. .large organization can provide. Reliability for one. The school district's AAl bond rating insures the City of Chanhassen of our sound business practices. We'll still be here next year and the year after that and 30 years down the road. Accountability and trust that comes from the long standing tradition of excellence and service. When parents see lifeguards wearing the MCES suits, swimsuits at the beach, they know that they are highly qualified, well trained and experienced and they know that their kids will be safe. Our experience and committed staff have the support of a first rate human resources department at the school district and the security of a $3 million dollar liability insurance coverage that covers each and every employee, along with our property. And also we do have a long standing staff. We have a current staff now of over 40 who are either teaching and lifeguarding with us currently or have, and have committed to returning to work with us again this summer after years of experience. In addition there's the recognition and the convenience. Our MCES catalog is delivered to every residence in the community. Of our school district and that's nearly half of the Chanhassen residents, so they have come to rely on that and expect it, and we make it convenience and easy for them then to access our programming through our catalog. We also have an online registration program that's been very popular and very successful with community residents so they can register for swimming lessons in the comfort of their own home, late at night in their pajamas and they can register not only for swimming lessons but also computer class and drivers ed, all at the same time. So we have that organization behind it. We also have a 24 hour telephone hotline for the convenience of customers to register for programs. And we have offices staffed all day, every day, Monday through Friday, even during the summer with customer service staff ready to answer questions. Take registrations. Answer concerns and so on. And then also in addition our lifeguard services and our beach lessons are part of a large and successful year round aquatics program. MCES aquatics program offers over 800 different swimming lessons throughout the year, both at our pools and at the beaches. Parents have really come to appreciate the fact that their children can continue the skil1s progression at the beach in the summer, that they began in the winter at the pool at Middle School West. And that's been, that continuity has been very important and, for our customers. Sarah already has in place an intensive staff development program for our staff this summer and we have the advantage of being able to get that staff in the pool on a number of occasions before the beach is open in the summer, and plan to do that and already in 9 conversations with all of our summer staff. So we're excited and ready to go and again ready to commit to our continued partnership and service. I would like to address a couple of the questions that were answered, or asked earlier. The contract amount for community education services is to the penny the same as it was last year. And as for the beach, the season dates as Mr. Hoffman alluded to, that is up to the City of Chanhassen and that price will stay the same whether Chanhassen would like us to start on the, open the beaches on the 4th or the 10th. And we're also willing to make that subject to weather conditions, so if we have a nice Memorial Day, we can be ready to go. And I guess I would like to make one clarification about other cities. We have similar proposals in to cities of Tonka Bay and Shorewood and Wayzata and last night while Deephaven did award a contract to Mr. Rabe's company, Excelsior did not. Excelsior has passed a letter of intent subject to further discussion. They're not going to take a vote on it until April4t\ so Ijust wanted to make that clarification. John Rabe: May I respond? The condition of the intent was if one other city signed and Deephaven signed last night...so the condition... MCES Rep: But they did agree at the end that they were going to continue discussion with a vote on the 4th of April so. Stolar: Any clarification Todd? I mean I don't know that it matters that much. Okay. MCES Rep: I'd be glad to take any questions. Sarah Best: Do they have kind of my background in front of you so, unless you have certain questions that you would certainly like to ask at this time. Stolar: Okay. Jack, want to start? Spizale: Maybe one of safety. We had one year with, we had what, 3 drownings. Hoffman: 2. 4 drownings in total. A couple at the beach. A couple not at the beach. Spizale: The two that were at the beach were the lifeguards were present? Hoffman: One was, one was not. Spizale: Has there been any changes safety wise because of those drownings? I think they took away the swim platform. That was part of, anything else in lieu of those drownings to change any practices or has anything, could be done or was it just. MCES Rep: Well I think that really. Spizale: Maybe what I'm saying is, if you'd like to review that and try to, what could have been done or. 10 MCES Rep: Well sure. Sarah will be very close to all the beaches and all the guards on a daily basis and they will submit reports. Reports that talk about everything from beach conditions and water conditions to the solar count and any incident and we will respond to those very quickly, but mostly it's in training I think. It's in the safety training and prevention. Making sure we have all the right safety equipment and that our guards are well trained and that is an ongoing process in addition to pre-season training programs that we are already, Sarah's developed. There's going to be ongoing training throughout the season and safety checks and skills checks of all of our personnel. Spizale: Okay. Stolar: Steve. Scharfenberg: The question was raised about the ability, lost ability to shift guards around because of the loss of Tonka Bay and Excelsior. Could you address that particular issue? MCES Rep: Sure. Actually at this point it's only Deephaven that is not going with Community Education Services, and we also have a strong pool aquatics program so we have a big staff and we need to have a large staff, despite whether we have this beach or not because we, hopefully we will have 3 or 4 other beaches as well and then again our pool program. And we have a staff year round so they come to rely on that relationship and their employment and their, and so I don't see that as an issue at all. We'll staff the beach according to need. Scharfenberg: Okay. And Sarah, could you address, have you had any beachfront training and just kind of give us. Sarah Best: My training is Red Cross certification. I'm a lifeguard training instructor, although most of my experience is pool related. I have you know been at the beach and done a program. Not managed a large program at a beach but yes, I do have beach front experience. Scharfenberg: Okay. And what, Sarah what is the staff that you manage at Minnetonka Community Education Services? Sarah Best: What is the staff? Scharfenberg: Yeah, or how many? Sarah Best: Right now it's about 30. And those are kind of part time basis. We offer swimming lessons in the evenings, on the weekends. Also first aid and safety staff as well. Scharfenberg: Okay. I don't have anything further. Atkins: So you will probably be, be hiring more for the summer? Sarah Best: Yes. And again it's just based on need and you know, just most people are looking for a summer position and maybe only work for the summer. It is kind of nice to get people 11 going and keep them year round as well and I do have staff that's on right now that you know, although we have swimming lessons inside, we also have outside opportunities for them as well for the summer. MCES Rep: And we already have.. . from over 40 staff who want to return this summer to join us again in our programming and community education services. We have the added advantage of being able to train in the water during the winter so we can take the best and most qualified and staff to go through like our training program and then hire them on to have, join our team. Atkins: That's all. Stolar: Okay. Tom. Kelly: What about having, can you be a little more specific about what types of training and evaluation you do on your lifeguards both at the beginning of the season and during the season? Sarah Best: At the beginning you know Red Cross does set up guidelines as far as what training they are required to have. Yes, they do all go through the same exact programs being a Red Cross certification. They do go through training as far as you know using the equipment. Going through, how to back board at certain areas. And with the staff, some team building exercises because those are the staff that they're going to be working with every day so getting to know who does what and how it kind of works together as a team. You know we've got the advantage of having the pool area to work on that as well. And then mid-season I just want to, just go through you know what has happened. What's working. What's not. And maybe just kind of bring it out a little bit. And they'll also go to first aid and CPR because that is... Kelly: Would they go through that with you or would they? Sarah Best: They will go through that with me. The CPR is good for one year. It's CPR, the professional rescuer. That first aid and lifeguard training is good every 3 years but they stil1 have to demonstrate those skills when we go through in service training. Murphy: As far as the lessons, what is the student-instructor ratio? Is that the same as it's always been or will that change? Sarah Best: At the beach it's 5 to 1. In the pool, depending on what level it is, if they're smaller children it stays at 5. If it's older children we can have up to 8. Beside that I mean like level 4 and 5. Murphy: Are those instructors all required to be WSI certified? Sarah Best: I do have WSI certified people. I also have WSI aides. Stolar: Kevin. Dillon: So MCES is kind of like run by the Minnetonka School District? 12 MCES Rep: It's a department of the Minnetonka School District, yes. Dillon: Is it subsidized by our school taxes? MCES Rep: There's a community, general community education levy that does support all the community education programs, yes. Dillon: So do the funds that you take in from your lifeguarding, I mean does that cover what you payout to all these people? Or are we further subsidizing the taxpayers further subsidizing? MCES Rep: Our aquatics program is self supporting. The revenue that we take in from fees and contracts supports our costs. Our scheduling and personnel and so on. The general community education levy kind of supports the entire community education department. But actually no specific dollars from that come into our aquatics program. It just helps to support the infrastructure for community education. But they're a non-profit organization obviously, of course. Dillon: That's all the questions. Stolar: Okay, thank you. And just to make sure we don't miss anything, are there any follow up questions for John or his guests? Any questions that we want to ask them? Scharfenberg: I do. With respect to, since this is a new endeavor for you, and I didn't see anything in your materials regarding registration and getting out information. How is that going to be done? John Rabe: Sure. Well first thing, you know I'm going to hope the cities will help me out with going in their normal newsletter, and Chanhassen has always put swimming lessons in their newsletter. My wife actually works for the online registration system company that the school district uses so I have easy access to that organization. You are all aware of Jon Foss's private swim school sitting over here in Chanhassen. Jon Foss is making quite a nice living sending out small little postcards telling people to go to a web site or call this telephone number for information, so I'm really not concerned about getting the word out, plus the guards on the beaches will put the word out to the public as well, where to register. So I think we should be able to do that just fine. Scharfenberg: Okay, thanks. Stolar: Other questions for any of the guests. Murphy: John, what's your, what's your, for lessons what's the instructor-student ratio? John Rabe: We're running a 5 to 1, 8 to 1. And all water safety instructors. 13 Murphy: And what are your employees going to do then in the winter? Or are you just hiring them. John Rabe: You know the vast majority of my lifeguards are college students so they're gone in the winter. But the ones who are here I'm hoping will work for community services. Stolar: Okay, thank you. We have the recommendation in front of us. What I'd like to do is ask for a motion regarding the recommendation. Put it on the table and then open it up for discussion again as commissioners can do so. So can I have a motion to approve, but I'm going to then pause before the vote to have discussion but I'd like a motion on the table regarding the staff's recommendation. Which is actually parliamentary procedure. Do I have a motion? Kelly: Do we have to? Stolar: Just put it on the table and then we'll discuss it. If you have questions to Todd, unless I'm sorry. I didn't have follow up questions to Todd. Okay. Could I have a motion on the staff's recommendation? Scharfenberg: I'd move to adopt staff's recommendation to accept the contract from Minnetonka Community Education Services. Stolar: Do I hear a second? Atkins: I second. Stolar: Okay. Then I'd like to open it up for discussion and not move right into a vote because this is an important issue. I think, I can't thank our guests enough for all of you for coming here. Bringing this to bear. I do appreciate your time. Yes. Hoffman: Chair Stolar, clarification of the motion. That it's a recommendation to the City Council to approve the contract. Stolar: Correct. Thank you. Any discussion points? Dillon: Is this the first year we've had competitive situation? Stolar: That's a good question for Todd. Hoffman: Yeah, we've considered looking at other providers in the past but there has been no reason to do that. The City of Chaska or others, and one note of interest is that in the past historically Carver County has contracted with Minnetonka Community Schools for their lifeguarding as well, but they're not in this decision because they have eliminated their lifeguards at their beaches. For budgetary concerns, they've eliminated lifeguards at Minnewashta Regional Park in Chanhassen and out at Waconia beach. Stolar: Okay, well seeing none. I guess I would move that we take a vote on this. 14 Scharfenberg moved, Atkins seconded that the Park and Recreation Commission recommend approval of the Minnetonka Community Services Education contract for the 2005 Lake Ann Beach lifeguard contract. All voted in favor, except Dillon and Kelly who opposed, and the motion carried with a vote of 5 to 2. Stolar: This issue I'm sure will be discussed again at the City Council. Alright, thank you again for your time. Hoffman: That should take place next Monday night. Stolar: If anyone can go in my place, I know Jack said maybe. I am unfortunately unable to go. 15 Timothy A. Litfin Executive Director of Community Education & Services 5621 County Road 101 Minnetonka, MN 55345 (952)401-5050 (952)401-5011 fax tim.litfÌn@minnetonka.kI2.mn.us March 10, 2005 SERVING THE Dear City ofChanhassen: COMMUNITIES OF: Thank you for the time and energy you are dedicating to the decision on lifeguards for MINNETONKA your city beach at Lake Ann. Minnetonka Community Education & Services (MCES) is very proud of its work and relationship with the City of Chanhassen. MCES has a long CHANHASSEN history of working collaboratively and successfully with the City ofChanhassen, going back at least 15 years. I believe it is in both of our organizations best interest to continue DEEPHAVEN this relationship. EDEN PRAIRIE GREENWOOD MCES has delivered a quality service to you in the past and is ready to deliver a quality service to you in the future. MCES also guards at other area beaches and pools. Because we guard in other areas we are able to attract quality high school and college age guards who desire a certain number of hours for their summer employment. EXCELSIOR SHOREWOOD MCES was in the guard business last year, we will be in the guard business this year and TONKA BAY we will be in the guard business again next year. Though some MCES staff have moved on, other competent and skilled staff have stepped right in. VICTORIA WOODLAND Best of luck with your decision making. Please call me with any questions or concerns. Thank you. Yours in ?lo . unity, ~, " ~~ Tim Litfin Executive Director, MCES Agreement for Summer Services At Lake Ann Beach, City of Chanhassen - Summer 2005 AGREEMENT made this March 9,2005 , 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 2005 Swimming Season 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 American Red Cross certified personnel to lifeguard above stated beach from June 10- Aug 21. 2005 on a seven day per week schedule (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; Exhibit A 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; safety equipment includes: rescue tubes, pt Aid kits, reaching pole, rescue board B. 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 catalog, registration of students, hiring and training of instructors, all necessary equipm~nt (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, and safety boat with oars. 83758 B. Payment. The City agrees to pay Contractor a total of $27.555.00 divided into three equal payments of $9, 185.00 on July 15, August 15, and September 15. 2005 in return for lifeguard services. 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 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 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 will report to the City representative in regards to incidents an/or accidents. At the end of the season (October 15, 2005) 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 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 83758 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, 2005, 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 The authorized representative of the Contractor is as follows: Tim Litfin . Executive Director Minnetonka Public Schools Community Education and Services 5621 County Road 10 1 Minnetonka, Minnesota 55345 Phone: (952) 401-5043 83758 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: BY: Tim Litfin, xecu e Director 7Y I(J-O~ DATE: 83758 83758 Exhibit A Lüeguard Schedule - Lake Ann Beach, Chanhássen Dates: June 10 through Aug 21,2005 Times: 1O:30am - 8:00pm Lifeguard Schedule: 2 lifeguards on duty, 7 days a week 10:30 am to 8:00 pm + 2 Lifeguards on duty, 7 day a week from 1:00pm to 5:30pm - Weather permitting SERVlNG THE COMMUNITIES OF: MINNETONKA CHANHASSEN DEEPHAVEN EDEN PRAIRIE EXCELSIOR GR£ENWOOD SHOR£WOOD TONKA BAY VIcrORIA WOODLAND Youth Programs SARAH BEST Minnetonka Public School Deephaven Education Center 4584 Vinehill Road, Excelsior MN 55331 952-401-6827 sarah.best@minnetonka.kI2.mn. us Minnetonka Community Education & Servi, 4584 Vine Hill Road Excelsior, MN 55331 (952) 401-6801 (952) 401-6829 fax EDUCATION Manka to State University, Mankato, MN May 1998 Bachelor of Science. emphasis in Leisure Planning & Management and Therapeutic Recreation EXPERIENCE Minnetonka Community Education & Services Aquatics and 1 St Aid Program Manager Jan 200S-Present Flagship Athletic Club, Eden Prairie, MN Nov 2002-Jan 2005 Aquatics Coordinator · Develop & market learn to swim and aquatics programs to members & non members · Manage aquatics staff of 14 · Handle customer service issues in all areas of the club Alterra Sterling House, Bloomington, IN Life Enrichment Coordinator Aug 2000-Mar 2002 YWCA of Sioux Falls, Sioux Falls, SD Jan 1999-Ju12000 Aquatics Coordinator · Planned and implemented aquatics programs, including Learn to Swim, Lifeguard Training, Water Safety Instructor, as well as First Aid and CPR classes · Supervised a staff of 20 · Prepared department budget and handled contracts with outside vendors Marshall Community Services, Marshall, MN Jun 1989-Jan 2000 Lifeguard & WSI Instructor / Aquatics Supervisor · Taught Lifeguard Training, Water Safety Instructor, and Learn to Swim courses · Supervised a staff of 15 · Handled customer concerns CERTIFICATIONS · Lifeguard Training / First Aid / CPR for the Prof. Rescuer · Lifeguard Training Instructor · CPR for the Professional Rescuer Instructor · Water Safety Instructor · Water Safety Instructor Trainer · First Aid / CPR / AED Instructor · Certified Pool Operator '" (1) u '~ (1) r/J ~ ::: .S2 '" ê; g ~ g~- 'i:j~:-= w(':I:!: Þ..:.: (1) ï:: g ,S =-> ¡::: (1) "<1' ê ê :x: 8~~ (':I ..:.: ::: o 13 c::: c::: ~ ?:J.. 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'" ::3 00 "0 () ~ '" ::3 = - ¡:; N - ..:.:: ~ ..:.:: o = "Tog "T () N = V)N= 0\ ~ 'š () = ><: o C'::! .... ..s::: ..... '" 0... () t:Q ..s::: e C'::! VJ r-- NO\ DeN \C 00 '1,0 I "0 = C'::! ~ æ 1::: ~~ 20 0. V) 00 .D E.5 '" ¡g ~~~~ ~ 5$ Eo .=..::! 00 E ..s::: '" ... ~ =._ u Æ .~ 0. ~ u 'is ~ ~ '" '" E "0 "5.¡; "'.D .~ ~ ~ .~ ~ ~ .= á3] ~ ¡q .... VJ '2 8 "E 0. "0 () u tj '" 0 ~ C'::! 0 æ .... o.~.a...::3b::3 C'::! .... u () 00·- 00 ;> ¡q=~~E~ æ ¿~~:J~:J .... :ï E "0 0 <u . MINNESOTA SAFETY SERVICES, LLC February 2005 John Raby President 26960 West 62nd Street Excelsior, MN 55331 (952) 470-4156 Company Introduction Minnesota Safety Services LLC (MSS) is a Lifeguard Management Company. MSS's goal is to manage the day-to-day persoll...'lel operations of the beaches located in the following six Minnesota municipalities: The City of Deephaven, the City of Shore wood, the City of Tonka Bay, the City of Excelsior, the City of Chanhassen, and the City of Wayzata. John Raby, president of the company, has been involved in the field of aquatics for the past 26 years. As an employee of Minnetonka Public Schools from 1978-2004, he has had extensive experience lifeguarding and managing the waterfronts of the cities mentioned above. A change in management and philosophy in Minnetonka Public Schools has compelled Mr. Raby to pursue his passion for aquatics and beach lifeguarding through his own company. Mr. Raby has developed a well-trained and disciplined staff that will join him in this endeavor. Mr; Raby is nationally known for his expertise in water rescue techniques. He is one of the technical reviewers of the current American Red Cross Lifeguard Training program, and was on the development team for the American Red Cross "GuardStart" program, which is the American Red Cross's Jr. Lifeguard Program. Locally, Mr. Raby is Hennepen County Sheriff Water Patrol's water rescue trainer. Working with the MN DNR and the Hennepen County Sheriffs Department, Mr. Raby was the lead instructor for the water rescue portion of the 2003 MN Marine Rescue School, offered statewide to conservation officers and sheriff deputies. Mr. Raby works with both the Minneapolis and the St. Paul chapters of the American Red Cross as a volunteer. These volunteer duties include training instructors, serving on committees, and assisting with special events such as the annual Lifeguard Olympics competition. Mr. Raby is currently certified in the following American Red Cross Programs: · CPR for the Professional Rescuer AED Instructor Trainer · Water Safety Instructor Trainer · Lifeguard Training Instructor Trainer · Waterfront Lifeguard Instructor Trainer · Water Park Lifeguard Instructor Trainer · Small Craft Safety Instructor Trainer · Community CPR and First Aid Instructor · Sport Safety Training Instructor · Lifeguard Training student level · CPR for the Professional Rescuer AED student level 2 Mr. Raby has presented the following aquatics presentations. · 2004 WCCO TV Water Safety "Staying Alive" · 2003 MN Aquatics Conference "In-service Training for Aquatics Personnel" · 1998 MN Aquatics Conference "Aquatics Management for Dummies" · 1996 MN Aquatics Conference "In-service Training for Lifeguards" · 1995 MN Community Ed. Association Conference "Aquatics Programming" · 1988 MN Aquatics Conference "Hiring, Training and Retaining Staff' · 1988 MN Aquatics Conference "Aquatics Program Ideas" Staff Hiring and Training Certifications: All staffwill be required to hold current American Red Cross certification in: Lifeguard Training First Aid CPR for the Professional Rescuer Many of the staff will also be American Red Cross Water Safety Instructors. Additionally, several members of the staff will be American Red Cross Lifeguard Training Instructors. Interview and water test: * All candidates for employment will be interviewed by the president of the company and must go through a timed swimming and water rescue skills test. On-going Training: * MSS will require the highest level of in-service training in the State. * MSS will conduct 22 hours of in-service training per season. * All staff will receive a 4-hour policy and procedure training and a 4-hour water rescue training session before the beaches open, followed up with bi-weekly 2- hour water rescue training sessions. * All staff will demonstrate the required CPR skills and take the written test for the American Red Cross CPR for the Professional Rescuer course the first and the fifth weeks of the summer. MSS currently has verbal commitments from over 25 experienced lifeguards for the summer of 2005. ., ,) Lake Ann Beach Operations MSS will staff the following lifeguard shifts each day (weather permitting): 1. 10:30 am - 4:30 pm 2. 10:30 am - 2:30 pm 3. 2:30 pm - 6:00 pm 4. 1:00 pm - 8:00 pm 5. 1 :00 pm - 8:00pm (Two - four guards on duty per hour based on peek times.) Beach supervision: *Two program-wide supervisors will supervise the beach. Both supervisors have more than 4 summers experience and one worked 3 summers as a full time lifeguard on Lake Ann Beach. *The president of the company will supervise the beach. Mr. Raby first worked as a lifeguard on Lake Ann in 1980 and has continued as a lifeguard or as a manager of the beach ever since. * MSS is a new company, but the staffhas been working together for several years. * The staff working under Mr. Raby's supervision is considered by other aquatics ~ professionals to be the best beach lifeguard service in the state. * Mr. Raby is known for setting the standard in Minnesota aquatics. As an example, in 1989, Mr. Raby's staff was required to hold the certification CPR for the Professional Rescuer, the rest of the industry required Adult CPR. In 1993, CPR for the Professional Rescuer became the national requirement for lifeguards. * All MSS lifeguards will have to demonstrate their water rescue skills to be rehired. * MSS trains its staff on public relation skills as well as rescue skills. * MSS has 10 Lifeguard Training instructors on its in-service training staff. This staff has over 110 combined years of experience in aquatics. Things to consider when contracting a lifeguard service. 1. What are the management's experience supervising beaches? 2. What is the management plan for supervising the beaches? 3. What is the in-service plan and who is conducting it? 4. What are the hiring requirements (is there a water test)? 5. Do they know what police force and EMS personnel respond to your beach? 6. How experienced is the staff? 7. Can management describe the beach including blind spots and safety hazards? 8. Do they have experience managing a large staff spread out over several sites? 9. What is the plan for lifeguard shifts (How many guards/ what times)? Minnesota Safety Services has a tried and tested program for managing Lake Ann Beach. Patron safety and great public relations are just two of the services Minnesota Safety . Services will provide for your city. 4 AGREEMENT FOR CITY OF CHANHASSEN - SUMMER 2005 AGREEMENT made this _day of , between Chanhassen, a Minnesota Municipal Corporation ("City") and Minnesota Safety Services LLC (the "Contractor' .) WHEREAS, the City has requested that the Contractor provide a Lifeguard Service and Swimming Lesson Program during the 2005 Swimming Season for Lake Ann Beach. WHEREAS, the contractor agrees to provide a Lifeguard Service and Swimming Lesson Program for the city. NOW THEREFORE, the parties agree as follows: I. CONTRACTOR'S SERVICES A. Lifeguard Service. The Contractor agrees to provide the City with qualified and Red Cross certified personnel to Lifeguard the above stated beach from June 4, 2005 through August 21, 2005 on a seven day per week schedule from 10:30 a.m. to 8:00 p.m. daily (weather permitting). B. The Contractor agrees to provide: a) an appropriate number of lifeguards on duty at all time, according to any applicable industry standards or regulations; b) lifeguard staff with ongoing in-service training during the summer season; c) supervision of lifeguard personnel; d) all necessary safety equipment for the Lifeguard Services. C. Swimming Lesson Program. 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 web site, registration of students, hiring and training of instructors, all necessary equipment (including safety equipment) and all personnel and administrative costs associated with these lessons. . II. CITY OBLIGATIONS. A. Beach. The City agrees to provide a safe, clean and well-maintained beach and beach area as stated in this agreement. This includes defined swimming boundaries; sand and water free of debris and safety hazards; clean and sanitary restrooms; and a lifeguard station. The City agrees to provide a working telephone, lifeguard chairs, megaphone, and safety boat with oars. B. Payment. The City agrees to pay the Contractor a total of $27,279 divided into three equal payments of $9,093 on June 1, July 15, and September 1, 2005 in return for services as stated in this agreement. The Contractor will provide a swimming lesson program at Lake Ann Beach at no cost to the City. All income and expenses will be the responsibility of the Contractor. III. 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 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 Contract or in connection with any acts or omission of City employees. IV. 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 President or Aquatics Supervisor will report to the City representative in regards to incidents and/or accidents. At the end of the season (October 15) the Contractor will provide the City with a full report of beach activity during the season. 2 V. 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 an 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. VI. INSURANCE. The City is responsible for obtaining property and liability coverage for the cities' beaches. Contractor will maintain professional Ii ability and comprehensive general liability coverage for all employees in an amount consistent with Chapter 466 of the Minnesota Statutes. VII. TERM OF AGREEMENT. Notwithstanding the date of the signature ofthe parties to this Agreement, upon acceptance by all parties, this Agreement shall be deemed to be effective upon signature by all parities and shall remain in effect until October 1,2005, unless earlier terminated by either party, with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. VIII. 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 default. Unless the party in default is excused by the other party, the non-defaulting party may upon written notice immediately cancel this Agreement in its entirety. IX. 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. 3 X. 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 55331 Phone: (952) 227-1119 The authorized representative of the Contractor is as follows: John Raby, President Minnesota Safetl Services LLC 26960 West 62ß Street Excelsior, Minnesota 55331 (952) 470-4156 XI. 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. XII. 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 BY: Todd Gerhardt, City Manager DATE: MINNESOTA SAFETY SERVICES LLC. ./-ì.. í.. ".)/> .. ( 4" ) l(;¡i/ "--"---;/~.. ¡ BY: John Raby, President DATE: (- l ì" z.{;!¡)(~ 4 6621 Eagle lake Drive Maple Grove, MN. 55369 tel: 763-537-0242 tel: 602=277-0108 Jim Jones February 27,2005 To: Whom it may concern Please allow me to offer my strong recommendation for John Raby. John worked for Minnetonka Community Education & Services for many years when I was director of that department of Minnetoka Schools. I was always impressed by John's strong sense of mission and his outstanding work ethic. John has the ability to train and motivate people who work under his direction. He regularly received outstanding reviews from his immediate supervisor. I received many strong supporting comments from participants of progams he lead. Please feel free to contact me if you have additional questions. March 1, 2005 To: City Managers Mayors City Councils From: Daniel E. Kuzlik, Assistant Professor University of Wisconsin-Extension John Raby, founder and President of Minnesota Safety Services, has asked me to write a recommendation to support his bid to provide lifeguarding and other safety services to municipalities who have responsibilities for public beaches. Although I am in no position to evaluate bids from other agencies, I can speak to Mr. Raby's professional skills in all aspects of beach management. As the Executive Director of the Minnetonka Community Education and Services (MCES) Department for 8 years until June 30, 2004, John Raby was on the MCES staff as our Aquatics Manager. In that capacity Mr. Raby handled all MCES aquatics related issues and programs both in school pools and at beaches which municipalities contracted to MCES. Over the period of time that I was the Executive Director of MCES, Mr. Raby grew the municipal beach programs several hundred percent. As "word-of-mouth" began to circulate among area municipalities, speaking to Mr. Raby's skills at developing competitive operating budgets, at providing custom life guarding services to meet the unique needs of various municipalities and at his ability to attract and train highly skilled certificated staff; municipalities began to approach us to provide these services. These requests even came from municipalities who were located in other school districts. As an entrepreneur, John realized that the primary issue in beach management is to have a highly skilled and professionallifeguarding staff. To that end, Mr. Raby would recruit young men and women from all over the metro area and then would provide excellent training for these guards. Then John would select the "best of the best" to work in the programs he managed. When other public beach programs had difficulties obtaining lifeguards, John was always able to staff the programs he managed. In conclusion, I am very much impressed with Mr. Raby's knowledge and skills in all areas associated with aquatics management and highly endorse John and his company to your city. Sue & Tom Seifert 600 Pleasant View Road Chanhassen, MN 55317 March 21, 2005 Dear Park and Recreation Commission, We would like to put in a good word for John Raby and his Life Guard and Swimming programs. We have lived in Chanhassen for 34 years and have had children take swimming lessons from John's program both at Lake Ann and at the Minnetonka pools. Our daughter Christina worked for John both as a Lifeguard and a Swimming Instructor. She was a guard at Lake Ann for a number of years. As the parents of a Lifeguard, we appreciated the higher level of training Christina received from John. It is comforting to know that your child is prepared to face any situation that can come up at the waterfront. John made sure that they knew how to handle all emergencies with confidence and keep the beach safe for the swimmers. John was always there for the guards and his concern for them was always evident. His program was well run and the staff was so loyal to him and he to them, as a result the guards worked for him for years with very little turnover. John has been involved in the beaches and swimming program for as long as we can remember, He taught our kids to swim, the lessons they received were organized, on time and their goals were met. We might add their strokes were perfect according to the coaches on the swimming teams they joined. We have known John for 20 years through the Swimming and Life Guard programs that he has run and we have found him to be thorough, conscientious and respectful of the swimmers and guards. He is an excellent teacher and supervisor to the swimmers and staff. We think he would be excellent to run your Lifeguard programs this summer and assure you of safe and beautifully run beaches for all of us. Respectfully, ~ <k \()'m- Cc: Mayor Tom Furlong Minnesota Safety Services Swimming Lesson Plan for the Summer 2005 Lessons will be offered in two sessions. Session 1 June 13- July 7 Monday - Thursday (four days per week for four weeks) Session 2 Ju1y 11- August 4 Monday - Thursday (four days per week for four weeks) Fee $38 The lessons will be the American Red Cross Learn to Swim Program. Taught by an American Red Cross Water Safety Instructor. Minnesota Safety Services Summer 2005 Staff Training Plan. Preseason In-service 1. Policies and Procedures Training (four hours class room) · Review Staff Manual · Professionalism · Uniforms · Preventive lifeguarding · Public Relations · Rule enforcement · Floatation device policies · Offensive behavior · Emergency Action Plans · Missing swimmer procedures · Individual beach operating procedures · Individual beach guard positions and zones · How to scan, RID Factor · Paper work; when, what and how to fill out forms properly · Weather and effect on program, staff and patron safety · Theft or vandalism procedures · Equipment failure procedures · Substitutes, employee responsibilities · Payroll Preseason In-service 2 Water Rescue and Technique Training (four hours in water) · 100 yard warm up · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Multiple victim Rescue · Submerged Victim Rescue · Escapes · Shallow Water In-Line Stabilization Techniques · Deepwater In-Line Stabilization Techniques · Deepwater In-Line Stabilization Techniques (no equipment) · Back Boarding and Removal Techniques · Active Drowning Rear Rescue, Double Armpit Tow (no equipment) · Front Surface Approach, Wrist Tow (no equipment) · Rescue Board Techniques · 20 pound object retrieval from a depth of 12 feet · Missing swimmer line search techniques In-service week one CPR For The Professional Rescuer Skills Test (2-4 hour in classroom) · Written test on MSS Aquatics Manual · American Red Cross CPRFPR Written Exam 1 · Adult, Child, Infant CPR Skills · Adult, Child, Infant Choking Skills · Adult, Infant Child, Rescue Breathing · Two Rescuer CPR · Use of a Bag Valve Mask Resuscitator · Use of Suction Devices Row Boat Training (one hour training per beach) · Basic Rowing · Row Boat Rescue Techniques In-service week 3 Water Rescue and Technique Training (Two hour in Water) · Extreme shallow water spinal injury management · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Deepwater In-Line Stabilization Techniques (no equipment) · Active Drowning Rear Rescue, Double Armpit Tow (no equipment) · Simulated Rescue Scenarios · Discuss Lifeguard Etiquette and current issues · Discuss July 4 In-service week 5 Water Rescue and Technique Training (Two hour in Water) · Multiple victim Rescue · Submerged Victim Rescue · Escapes · Shallow Water In-Line Stabilization Techniques · Deepwater In-Line Stabilization Techniques · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Simulated Rescue Scenarios · Discuss Lifeguard Etiquette and current issues In-service week 6 CPR For The Professional Rescuer Skills Test (2-4 hour in classroom) · Written test on MSS Aquatics Manual · American Red Cross CPRFPR Written Exam · Adult, Child, Infant CPR Skills · Adult, Child, Infant Choking Skills · Adult, Infant Child, Rescue Breathing · Two Rescuer CPR · Use of a Bag Valve Mask Resuscitator · Use of Suction Devices 2 In-service week 7 Water Rescue and Technique Training (Two hour in Water) · Extreme shallow water spinal injury management · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Deepwater In-Line Stabilization Techniques (no equipment) · Active Drowning Rear Rescue, Double Armpit Tow (no equipment) · Simulated Rescue Scenarios · Discuss Lifeguard Etiquette and current issues In-service week 9 Water Rescue and Technique Training (Two hour in Water) · Active Drowning Rear Rescue, Double Armpit Tow (no equipment) · Front Surface Approach, Wrist Tow (no equipment) · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Shallow Water In-Line Stabilization Techniques · Deepwater In-Line Stabilization Techniques · Deepwater In-Line Stabilization Techniques (no equipment) · Simulated Rescue Scenarios · Discuss Lifeguard Etiquette and current issues In-service week 11 Water Rescue and Technique Training (One -Two hour in Water) · Swimming Extension rescue · Active Drowning Rear Rescue · Passive drowning Rear Rescue · Front Surface Approach, Wrist Tow (no equipment) · Discuss Lifeguard Etiquette and current issues Swimming Requirement To Be Hired · Swim 25 yards Approach Stoke under 17 seconds · Swim 50 yards sprint under 36 seconds · Swim 25 yards Active rear victim carry under 43 seconds · Long shallow dive, 20 yards approach stroke, surface dive 12 feet, recover a 10 pound diving brick - under 18 seconds. · Demonstrate Lifeguarding skills as requested. 3 ~ o ~ :r: 0) c: :ë o ro Q) l- I/) I/) e<q üO o 'ON Q) I a:::~ c:<» ro.... o 'L: Q) E « I/) ->. .Q ro a::: c: ..c: o -, 0 I'- .... 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