D-5. Approve 2017/2018 Lake Ann Beach Lifeguard Contract Y S
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MEMORANDUM
TO: Todd Hoffman, Park&Recreation Director
FROM: Jerry Ruegemer, Recreation Superintendent
DATE: February 27, 2017
SUBJ: 2017-2018 Lake Ann Beach Lifeguard Contract
PROPOSED MOTION
"The City Council approves a two-year contract with Minnetonka Public Schools ISD 276
for Lake Ann Park Beach Lifeguard Services in the amount of$32,402 per year."
Approval requires a simple majority vote of the council.
The City of Chanhassen contracts with Minnetonka Public Schools ISD 276 for the provision of
lifeguard services at Lake Ann Park. The city and ISD 276 have worked together to provide
lifeguards at Lake Ann Park for four decades.
Below is a comparison of the proposed 2017/2018 contract to the 2015/2016 contract.
Proposed
Contract Comparison 2015 & 2016 Contract 2017 & 2018 Contract
Hours Per Day 23.5 23.5
Operating Hours 11 am-6 pm daily 11 am-6 pm daily
Days Per Season 72 72
Dates of Operation June 6-August 16,2015 June 3-August 13, 2017
June 4-August 14, 2016 June 2-August 12, 2018
Contract Amount/Year $30,879 $32,402
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
City Council
2017-2018 Lake Ann Beach Lifeguard Contract
February 27, 20017
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Attached is an illustration of how the 23.5 hours break down by the number of lifeguards on duty
and the hours of coverage per day. Also attached is a list of options developed by Minnetonka
Public Schools ISD 276 for the 2017/2018 contract. Staff reviewed the various options and
recommends approval of Option A. The proposed new contract amount is $32,402, a 4.7%
increase over 2016. The 4.7%increase is related to increased staff wages to attract and retain a
higher quality school district employee which will contribute to a safer beach. This amount is
included in the 2017 Lake Ann Operations Budget(1540).
PARK& RECREATION COMMISSION RECOMMENDATION
The Park&Recreation Commission unanimously recommended approval of Option A at their
January 24 meeting.
ATTACHMENTS
1. Lake Ann Lifeguard Coverage
2. Lifeguard Service Proposal Options
3. Proposed Lifeguard Contract 2017/2018
g:\park\jerry\Iifeguards\2017\CC Report 2017
2017-18 Lake Ann Lifeguard Coverage
11:00 AM-12:00 PM: 2 guards 5 hours 4 hours 4 hours 6 hours 4.5 hours
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5:30 PM-6:00 PM: 2 guards
City of Chanhassen Beach Options 2017-18
Two Year Contract
Option A: same service as 2016
23.5 hr/day x 72 days= 1692 hours
Total hours: 1692 x$19.15=$32,402.00 each year
Option B: same service as 2016
23.5 hrs/day x 72 days= 1692 hours
Total hours: 1692 x$19.15= $32,402.00 each year
2017 invoice= $31,402.00
2018 invoice=$33,402.00
*could choose other similar price structure to lesson increase for 2017*
Option C: 30 minutes less in coverage each day
i.e. 11:30 AM-6:00 PM or 11:00 AM-5:30 PM
23.0 hr/day x 72 days= 1656 hours
Total hours: 1656 x$19.15= $31,712.00 each year
Option D: reduce from 72 to 68 days of service for 2017 and 2018
23.5 hr/day x 68 days= 1598 hours
Total hours: 1598 x$19.15=$30,602.00 each year
*could increase number of days by$450.025 each day*
Option E: 60 minutes less in coverage each day
i.e. 12:00 PM-6:00 PM
21.5 hr/day x 72 days= 1548 hours
Total hours: 1548 x$19.15= $29,644.20 each year
*2015-16 agreement was for$30,879.00 each year*
TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2017 & 2018
AGREEMENT made this 27th day of February, 2017 between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and the MINNETONKA
PUBLIC SCHOOLS (the "Contractor").
WHEREAS,the City of Chanhassen has requested that Contractor provide a Lifeguard
Service Program during the 2017 and 2018 Swimming Seasons for Lake Ann Beach.
WHEREAS,the Contractor agrees to provide Lifeguard Services for Lake Ann Beach.
NOW THEREFORE,the parties agree as follows:
1. CONTRACTOR'S SERVICES.
A. Lifeguard Service. The Contractor agrees to provide the City with qualified and Red
Cross certified personnel to lifeguard above stated beach from June 3 through August 13, 2017
and June 2 through August 12, 2018 from 11:00 a.m. to 6:00 p.m. daily(weather permitting).
B. Contractor agrees to provide:
1) an appropriate number of lifeguards on duty at all times, according to any
applicable industry standards or regulations;
2) lifeguard staff with ongoing in-service training during the summer season;
3) supervision of lifeguard personnel;
4) all necessary safety equipment for the Lifeguard Services including: rescue tubes,
first aid kits, reaching pole, rescue board
2. CITY OBLIGATIONS.
A. Beach. The City agrees to provide a clean and well-maintained beach and beach area
as stated in this agreement. This includes defined swimming boundaries; clean restrooms and
lifeguard station. The City agrees to provide a working telephone, lifeguard chairs, umbrella, and
megaphone.
B. 2017 Payment. The City agrees to pay Contractor a total of$32,402 divided into two
equal payments of$16,201 on July 10 and August 10, 2017 in return for lifeguard services.
C. 2018 Payment. The City agrees to pay Contractor a total of$32,402 divided into two
equal payments of$16,201 on July 10 and August 10, 2018 in return for lifeguard services.
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3. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the
City, its employees and officers subject to limitations of Chapter 466 of Minnesota Statutes from
any and all liability, loss, costs, damages and expenses including but not limited to property
damage and personal injury, including death,which arise in connection with any acts or
omissions of Contractor's employees. The City agrees to indemnify and hold harmless
Contractor and its employees, officers and agents from any and all liability, loss, costs, damages
and expenses including but not limited to property damage and personal injury, including death,
which arise in connection with the City's performance of this Contract or in connection with any
acts or omissions of City employees subject to limitations and immunities subject to
Chapter 466.
4. REPORTS. Contractor will provide the City with all necessary information
relating to the Lifeguard Services provided in order for the City to properly maintain the beach.
On an as need basis the Aquatics Manager or Aquatics Supervisor will report to the City
representative in regards to incidents and/or accidents. At the end of the season(October 2017 &
October 2018)the Contractor will provide the City will a full report of beach activity during the
season.
5. LIABILITY. Employees of the Contractor and all other persons engaged by the
Contractor in the performance of any work or services required,volunteered, or provided for
herein to be performed by Contractor shall not be considered employees of the City and any and
all claims that may or might arise under the Worker's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged in any of the work or services provided
to be rendered herein, shall in no way be the obligation or responsibility of the City and all other
persons engaged by the City in the performance of any work or services required or provided for
herein to be performed by the City shall not be considered employees of the Contractor, and any
and all claims that may or might arise under the Worker's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims by any third
parties as a consequence of any act or omission on the part of said employees so engaged in any
of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the Contractor to the full extent permitted by law, actions by the parties
pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity"
and it is the intent of the parties that they shall be deemed a "single governmental unit" for the
purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. 1;provided
further that for purposes of that statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party.
6. INSURANCE. The City is responsible for obtaining property and liability
coverage for the cities' beaches. Contractor will maintain professional liability and
comprehensive general liability coverage for all employees in an amount consistent with Chapter
466 of the Minnesota Statutes.
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, 2017 and
October 1, 2018 unless earlier terminated by either party, with or without cause, upon 45 days
written notice or as otherwise provided in this Agreement.
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8. DEFAULT. If Contractor or City fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of this Agreement,
this shall constitute a default. Unless the party in default is excused by the other party in default,
the non-defaulting 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) 227-1100
The authorized representative of the Contractor is as follows:
Dennis Peterson, Superintendent
Minnetonka Public Schools
5621 County Road 101
Minnetonka, Minnesota 55345
Phone: (952) 401-5000
11. AMENDMENTS. Any amendments to this Agreement will be in writing and
will be executed by the same parties who executed the original Agreement, or their successors in
office.
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.
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IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF CHANHASSEN
BY:
(SEAL) Denny Laufenburger, Mayor
AND
Todd Gerhardt, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
BY:
Dennis Peterson, Superintendent
DATE:
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