1l Approval of contract for Lifeguard Services at Lake Ann
CITY OF
CHANHASSEN
o City Center Drive, PO Box 147
'.:hanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
:ngineering Fax 612.937.9152
IIb/ic Safe0' Fax 612.934.2524
\Yfeb wlVw.ci. chanhassen. mn.lls
ii
MEMORANDUM
TO:
Todd Hoffman, Park & Recreation Director /I C
Jeny Ruegemer, Recreation Supervisor / {I \
May 20, 1998
FROM:
DATE:
SUBJ:
1998 Agreement for Summer Services at Lake Ann Beach
As you know, I have been working on updating the Lake Ann Lifeguard
Agreement for some time now. Andrea McDowell Poehler, attorney with
Campbell Knutson gathered information from the city and Minnetonka
Community Education and Services to draft a new lifeguard contract. The old
lifeguard agreement dates back to the 1970's and was in need of updating and,
with the recent discussions regarding lifeguards, it made the city re-evaluate the
need for lifeguards at Lake Ann.
Minnetonka Community Education and Services provides lifeguard services at 7
beaches including Lake Ann in our area. Minnetonka charges the City of
Chanhassen a percentage based on the total expenses of lifeguard hours performed
at Lake Ann. The total expenses for the program also includes administration,
supervisors, registration, mileage reimbursement, postage, cellular phones, pagers,
uniforms, supplies and applicable Red Cross fees. The City ofChanhassen's 1998
total program expense percentage is 30.12%. Based upon this percentage, the
city's total lifeguard bill would be $20,126, which is less than the anticipated
budget amount of $22,000. The $20,126 would be a pre-determined expense and
agreed upon at the start of the lifeguard season. If the city council is in agreement
with this amount, reimbursement would be divided into three equal payments of
$6,708.66 on July 15, August 15, and September 15. Staff supports a pre-
determined contract amount.
All portions of the contract have been reviewed by Minnetonka Community
Services and the city.
RECOMMENDATION
It is staffs recommendation that the city council approve the Agreement for
Summer Lifeguard Services at Lake Ann Beach for 1998. The agreement covers
many details and I am confident that all of the city's interests have been covered.
g: \park~ erry\1 i feguardcontract .doc
'e City o!ChanhassfIl. A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, and beautifid parks. A great place to live, work, and play.
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AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - 1998 SEASON
AGREEMENT made this _, day of , between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("Cityll) 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 1998 Swimming Season for
Lake Ann Beacb; and
WHEREAS, the Contractor agrees to provide a Lifeguard Service and Swimming
Lesson Program for Lake Ann Beach, which lifeguard service shall be included within a total
program operated by the Contractor for seven beaches located in five participating
communities ("Total Program") as follows:
Deephaven
3 beaches: Main, Robinsons, Sandy
Shore wood
1 beach: Crescent (expenses shared with Tonka Bay)
Tonka Bay
2 beaches: Wakota and Crescent (expenses shared with Shorewood)
Chanhassen
1 beach: Lake Ann
Excelsior
1 beach: Excelsior
NOW THEREFORE, the parties agree as follows:
1. CONTRACTOR'S SERVICES.
A. Lifeguard Service. Contractor agrees to provide the City with qualified and Red
Cross certified personnel to lifeguard Lake Ann Beach from June 6, 1998 through August
23, 1998 on a seven day per week schedule from 10:30 a.m. to 8:00 p.m. daily (weather
pennitting). 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.
B. Swimming Lesson Program. Contractor agrees to provide a program for
swimming lessons for the general public to be located at Lake Ann Beach. Contractor shall
provide advertising through the MCES quarterly catalog, registration of clients, hiring and
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training of iostructors, all necessaIy equipment (including safely equipment) and all personnel
and administrative costs associated With the Swimming Lesson Program.
2. CITY OBLIGATIONS.
A. Beach. The City agrees to provide a safe, clean and well maintained beach and
beach area at Lake Ann incInding defined swimming boundaries, sand and water free of
debris and safely hazards, and clean and sanitary changing rooms, and lifeguard station. The
City agrees to provide a working telephone, lifeguard chairs, megaphone, and safely boat
With oars.
B. Payment. The City agrees to pay Contractor for its portion of the expenses
incurred for the Total Program. The expenses for the TOlal Program include the follOWing;
Administration, Supervisors, Lifeguards, registration, mileage reimbursements, postage, cell-
phone, pagers, uniforms, SUpplies, and the applicable Red Cross Fee. A proposed budget for
the 1998 Total Program is attached hereto as Exhibit A.
The City's portion of the Total Program expenses shall be a percentage based on the
scheduled lifeguard hours performed at Lake Ann Beach in relation to the scheduled lifeguard
hours for the Total Program. The City's portion of the Total Program costs for the 1998
SWimming Season is 30.12 % based on the following:
Deephaven (Open June 6 - August 23):
Shorewood (Open June 6 - August 23):
Tanka Bay (Open June 6 - August 23):
Chanhassen (Open June 6 - August 23):
Excelsior (Open June 6 - August 16):
Scheduled
Lifeguard Hours
Percentage of Total
Program Expenses
2451
276.5
750.5
2169
1553.5
7200.5
34.04%
3.84%
10.42%
30.12 %
21.58%
Contractor will prOVide the Swimming Lesson Program to the City at no cost to the
City. All income and expenses will be the responsibility of Contractor.
The City agrees to pay Contractor $20,126.00 for its share of the Total Program
expenses. The City's payment shall be marle in three equal installments of $6,708.66 On July
15, August 15 and September 15, 1998.
3. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the
City, it's employees and officers from any and all liability, loss, costs, damages and
expenses inclUding but not limited to properly damage and personal injury, including death,
which arise in connection with the Contractor's performance of this Agreemem Or in
connection with any acts Or omissions of Contractor's employees. The Cily 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 DOt limited to property
damage and personal iIUury, including death, which arise in connection with the City's
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performance of this Agreement or in connection with any acts or omissions of City
employees.
4. REroRTS. Contractor wiil provide the City with all necessary information
relating to the Lifeguard Service and Swimming Lesson program in order for the City to
properly maintain Lake Ann Beach and for assessing the Contractor's payment obligations.
inclllding the following written reports; scheduled lifeguard hoUrs. daily attendance reportS
to be provided at the end of the season, and weekly incident and accident reports.
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 a\l claims that mayor might arise under the Worker's compensation Act of the State
of MinneSota on behalf of said employces while so engaged in any of the work or services
provided to be rendered herein, sha\l 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 Coutractor, 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
engagcd 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 responsibie for obtaining property and liability
coverage for Lake Ann Beach. Contractor will maintain professional liability and
comprehensive general liability coverage for aU employees in an amount consistent with
Chapter 466 of the Minnesota Staultes.
7. TERM OF AGREEMENT. Notwithstanding the date of the signarereS 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 uutil October I 1998,
unless earlier terminated by either party, with or without cause. upon 45 days written notice
or as otherwise provided in this Agreement.
8. DEFAULT. If Contractor or City fails to perform any of the provisions of
this Agreement or so fails to administer the work as to endanger the performance of this
Agreement. this shall constitute a default. Unless the party in default is excused by the non-
defaulting party, the non-defaulting party may upon written notice iJDme<\iately 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
penonnance of all Subcontractors.
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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:
Don Ashworth
City Manager
City of Chanhassen
690 City Center Drive
Chanhassen) Minnesota 55317
Phone: (612) 937-1900
The authorized representative of the Contractor is as follows:
Dan Kuzlik
Director of Minnetonka Community Education and Services
4584 Vine Hill Road
Excelsior, MN 55331
11. AMENDMENTS. Any amendments to this Agreement will be in writing and
will be executed by the same parties who executed the original Agreement) or their
successors in office.
12. ENTIRE AGREEMENT. It is understood and agreed that the entire
Agreement of the parties is contained herein and that this Agreement supersedes all oral
Agreements and negotiations between the parties relating to the subject matter hereof as well
as any previous Agreements presently in effect between the parties relating to the subject
matter hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed intending to be bound thereby.
CITY OF CHANHASSEN
(SEAL)
BY:
Nancy K. Mancino, Mayor
AND
Don Ashworth, Manager/Clerk
MINNETONKA PUBLIC SCHOOLS
COMl.\1UNITY EDUCATION AND SERVICES
BY:
Daniel S. Kuzlik, Director
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SUBTOTAL
TOTAL
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ExaffiIT "A"
TOTAL PROGRAM 1998 SWJl\fl\-IING SEASON BUDGET
Administration
Supervisors
Fringe Benefits
Lifeguards
Fringe Benefits
Registration
Mileage Reimbursement
Postage
Printing
Phone-Cell
Pagers
Unifonns
Supplies
Red Cross Fee
Weather Rebate
1,000
5,000
1,010
55,300
4,230
150
230
250
250
100
260
390
500
250
$68,920
-$2.100
$66,820