1g 2002 Lifeguard Services Cont
CITY OF
CHANHASSEN
7700 Mark61 Boulevard
POBox 147
Chanhassen, MN 55317
Admi1llstratlon
Phone: 952.227.1100
Fax: 952.227.1110
Building tnspeç1ions
Phone: 952.2271180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 951.227.1170
Finance
Phone: 952.2271140
fax 952.227.1110
P.rk & R.....llon
Phone: 952.227.1120
fax: 951.2271110
RecrealionCenter
2310 Couller Boulevard
Phone: 952.117.1400
Fax: 9522271404
PI.nnlng &
Na1ural Resourcet
Phone: 952.2271130
fax: 952.2271110
PubllcWorlls
1591 Park Road
Phone: 952.227.1300
fax: 951.217.1310
Senior Center
Phone: 952.227.1125
Fax 952.227.1110
Web Sile
wmi.ci.chanhassen.mn.us
~
MEMORANDUM
TO:
Todd Hoffman, Park and Recreation Director~~
Jeny Ruegemer, Recreation Superintendent
.
'"
March 20, 2002
FROM:
DATE:
SUBJ:
2002 Agreement for Summer Services at Lake Ann Beach
Minnetonka Community Education and Services has provided lifeguards at Lake Ann
for over 25 years. On an annual basis the city reviews the beach contract. The contract
includes the following expenses: lifeguards, administration, supervisors, clerical
support, mileage reimbursements, cell phones, pagers, lifeguard uniforms, postage,
printing, in-service training, first aid kits, rescue equipment, Red Cross fees, and
general supplies.
Minnetonka Community Education and Services has made additions to the 2002 Beach
Contract. New expenses include rent for office space, human resources support,
purchasing department support, technology department support, unemployment charge
backs, payroll support, and crimínal background checks. The contract amount
increased from $22,791.63 paid in 2001, to $26,242.14 payable in 2002. The increase
is a result of district changes in the funding formula for Community Education and
Services. Due to recent state budget cuts, Community Education now has to pay for
items like office rent, technology, human resource support, etc.
..
These new costs were not accounted for in the City's 2002 Budget. If the beach
contract is approved, the $26,242.14 will be divided into three equal payments of
$8,747.38 made on July 15, August 15, and September 15. The City's 2002 Budget for
lifeguard services was approved at $24,000, an amount recommended by staff, which
would cover a slight cost increase from the previous year's contract. This leaves the
Lake Ann Operations budget for the beach contract approximately $2,200 short. I am
confident that through additional "sharpening of the pencil", this gap in funding can be
closed.
RECOMMENDATION
It is staff s recommendation that the Park and Recreation Commission recommend that
the City Council approve the 2002 Lifeguard Contract for Lake Ann Beach for services
provided by Minnetonka Community Education and Services, in the amount of
$26,242.14.
TIre CUy of Ch.nhassen . A growing community with clean lakes, quality schools, a channing downlown, thriving businesses, winding Irails, and beaulilul parks. A greal place 10 live, work, and play.
stAFF UPDATE
¡
"Î
The Park and Recreation Commission reviewed this item at their meeting on March
26, 2002. After discussion, the commissioners voted unanimously to recommend
approval to the City Council for the 2002 Lifeguard Contract for Lake Ann Beach
for services provided by Minnetonka Community Education and Services in the
amount of $26,242.14.
g:'Pork~l...ikguw'dCoßtol'fmwMem.1
AGREEMENT FOR
CITY OF CHANHASSEN - SUMMER 2002
AGREEMENT made this _day of , between THE CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and the MINNETONKA
PUBLIC SCHOOLS COMMUNITY EDUCATION AND SERVICES (the
"Contractor' .)
WHEREAS, the City has requested that the Contractor provide a Lifeguard Service and
Swimming Lesson Program during the 2002 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:
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 8, 2002 through August 25, 2002 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 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.
I
II. CITY OBLIGATIONS.
A. Beach. The City agrees to provide a clean and well-maintained beach and
beach area as stated in this agreement. This includes defined swimming
boundaries; clean restrooms and lifeguard station. The City agrees to provide
a working telephone, lifeguard chairs, megaphone, and safety boat with oars.
B. Payment. The City agrees to pay contractor a total of $26,242.14 divided into
three equal payments of $8,747.38 on July 15, August 15, and September 15,
2002 in return for lifeguard services.
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 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 omission of City employees subject to limitations and
immunities subject to Chapter 466.
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 Aquatics Manager or
Aquatics Supervisor will report to the City representative in regards to incidents
and/or accidents. At the end of the season (October 15, 2002) 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 liability
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 of the
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 1,2002, 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:
Name
Title
Address
City
MN
Phone: (952)
The authorized representative of the Contractor is as follows:
Daniel Kuzlik, Executive Director
Minnetonka Public Schools
Community Education & Services
5621 County Road 101
Minnetonka, MN 55345
(952) 401-5050
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 CHANNHASSEN
BY:
Name & Title
DATE:
Minnetonka Public Schools
BY:
Daniel E. Kuzlik, Executive Director
DATE:
4