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1b Lake Ann Beach Contract CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227,1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 /, Fax: 952,227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 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 VN/W.ci .chanhassen. mn .us ib - MEMORANDUM TO: Todd Hoffman, Park & Recreation Director FROM: 1~ Jerry Ruegemer, Recreation Supervisor DATE: t)~. January 17,2006 SUBJ: 2006 Lake Ann Beach Lifeguard Contract The city reviews and approves the lifeguard contract for Lake Ann beach on an annual basis. The City of Chanhassen has had a longstanding relationship with Minnetonka Community Education and Services (MCES). The relationship dates back to the 1970's and the city values this relationship. The 2005 Lake Ann contract process included MCES and a new company, Minnesota Safety Services. Both agencies submitted bids to provide lifeguard services at Lake Ann, and after much discussion, the Park & Recreation Commission recommended MCES to the City Council. The City Council approved MCES's contract for the 2005 season. Staff had a good working relationship with MCES and we didn't experience any problems with last year's contract or personnel. Staff asked MCES to submit a contract again for the 2006 beach season. The total price of their contract is $25,900. This dollar amount is lower than the 2005 contract by $1,655 ($27,555) and includes providing lifeguards 7 days a week from 10:30 a.m. to 8 p.m. from June lO-August 20, 2006. The services in the 2006 contract are exactly the same as the 2005 contract with the exception of the reduced pnce. 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 (MCES) in the amount of $25,900 to provide lifeguard services at Lake Ann Beach for the 2006 season. This amount is included in the Lake Ann Park operations budget (1540) for 2006. UPDA TE (2-1-06) On January 24,2006, the Park & Recreation Commission unanimously approved the contract from MCES for Lifeguard Services at Lake Ann in the amount of $25,900. Approval of the contract requires a simple majority vote of those City Council members present. A TT ACHMENT 1. MCES Contract for Lifeguard Services at Lake Ann Park. 2. Park & Recreation Commission Minutes dated January 24, 2006 The City ot Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. AGREEMENT FOR SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2006 AGREEMENT made this February 15,2006 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 2006 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 Red Cross certified personnel to lifeguard above stated beach from June 10, 2006 through August 20, 2006 on a seven day per week schedule from 10:30 a.m. to 8:00 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 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 quarterly catalog, registration of students, hiring and training of instructors, all necessary equipment (including safety equipment) and all personnel and administrative costs associated with the Swimming Lesson Program. 2. CITY OBLIGATIONS. A. Beach. The City agrees to provide a 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 $25,900.00 divided into two equal payments of $12,950.00 on July 15, August 15,2006 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 or Aquatics Supervisor will report to the City representative in regards to incidents an/or accidents. At the end of the season (October 15, 2006) 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 general liability coverage for all employees in an amount consistent with Chapter 466 of the Minnesota Statutes. 83758 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, 2006, unless earlier terminated by either party, with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. 8. DEF A UL 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.D 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 4584 Vinehill Road Deephaven, Minnesota 55331 Phone: (952) 401-5043 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. 83758 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: MINNETONKA PUBLIC SCHOOLS BY: Tim Litfin, Executive Director DATE: 83758 Park and Rec Commission - January 24,2006 Stolar: And just for the record, since no one said on record, Chaska, Chan-Chaska Soccer Club put their priorities on the handout that they gave us. As far as which field you feel should have first, the netting so thank you. Spizale: No additional comments. Stolar: Okay, great. Anything that you guys would like to add? Ruegemer: No. Just it's exciting time for staff too to go through this process with the associations and for some much needed improvements so just for the record too, District 112 baseball did send an e-mail to me today expressing regrets that they couldn't be here tonight but they fully would like to be involved in the process and look forward to that. Stolar: Great. So should we target our February meeting? Is that sufficient time for you guys? That'd be great. And then you know as always, we welcome comments and participation and again appreciate your offers to be here, to help us as we do this process and also appreciate you being here tonight. Thank you. To facilitate for our guests here, why don't we move to the lifeguard contract. RECOMMENDA TION CONCERNING APPROVAL OF 2006 LAKE ANN LIFEGUARD CONTRACT. Ruegemer: Thank you Chair Stolar. The City does review the annual contract at Lake Ann every year about this time if possible. The City of Chanhassen has had a long standing relationship with Minnetonka Community Education and Services and that relationship dates back to the 1970's. It started as a handshake between, it was Jim Jones I believe and Don Ashworth was back in the day so. They've had a presence at Lake Ann for a long time and the City values that relationship. 2005 we did go through the process of having two different entities bid for those services at Lake Ann. Minnetonka Community Education Services and also Minnesota Safety Services. A new company that was formed by former employee of Minnetonka. Went through that process last year. After much debate from the commission and City Council, ultimately City Council did approve the contract for Minnetonka Community Education and Services in 2005. Staff had a good working relationship with... Sarah Best, representing Minnetonka Community Education Services last year. Everything seemed to go just fine with the swimming lessons and also the day to day operations of the beach contract. Staff asked Minnetonka Community to submit a contract for the 2006 beach season, as they did and that's attached for the commission's viewing tonight. The contract amount came in at $25,900, which is less than the 2005 contract in the amount of $1,655. Tim has looked at, Sarah and Tim with Minnetonka have looked at the contract and kind of fine tuned it a little bit and are going to be looking at things a little bit more efficiently this year. Doing some functions of the contract and that was kind of the reasoning for the reduced price for this year. Same, it's essentially the same contract as the 2005 contract. That does include lifeguards 7 days a week, from 10:30 a.m. to 8:00 p.m. at Lake Ann, from June 10th until August 20th, 2006. It is staff's recommendation that the Park and Rec Commission recommend that the City Council approve the contract for Minnetonka Community Education and Services in the amount of $25,900 to provide lifeguard services at Lake Ann beach for the 2006 season. This amount has been 12 Park and Rec Commission - January 24, 2006 budgeted in the Lake Ann Park operations budget again for 2006. That's my recommendation and the contract attached. Mr. Tim Litfin is also here from Minnetonka Community Education Services tonight if the commission would have any questions for Tim. Stolar: Tim, did you want to make a statement? Tim Litfin: Thank you. Good evening and thank you for having me here tonight. My name's Tim Litfin. I'm the Community Education Director at Minnetonka and I'd like to first of all begin by saying thank you for 2005. You put your trust and faith in Minnetonka Community Education and we, I believe we delivered well. We trained, equipped and outfitted our staff to provide for the City of Chanhassen on excellent service and I believe we did not only represent ourselves and community education well, but ultimately you as the City of Chanhassen. And we were proud to do that and we very much look forward to doing that again this year at 2006. The bid is a little less than last year as Jerry mentioned. And that just goes to show that we've fine tuned things. I've been on the job there for Community Ed Director now 16 months so we've fine tuned a few things in our operations and some costs were shifted where they perhaps should more likely be and not in the beach contract, and that is why it is reflected that way, and it will in no way reflect less services. In fact last year we provided more services than what we said we would. We over staffed on certain days, specifically on hot days and on July 4th we were there with extra staff and we met the need at the beach for the lifeguard. As well as for the lessons. We provided 104 people with lessons last year, 90 of which were city of Chanhassen residents. So that's about 87% of the beach lessons were given to city of Chanhassen residents. We were also there for other services as well. Any time Jerry would have a need, we would try to help out and I look forward to doing that again this year, 2006. Stolar: Okay. Any questions for Tim? Spizale: I don't have any questions. It seems great the price is lowered. That's all I got. Stolar: Ann, anything? Murphy: No. Kelly: I've just got a question for Jerry, but not for Tim. Atkins: Nothing. Scharfenberg: No. Stolar: Okay Tim, if you want to sit down. One may come up as we're in discussion but thank you. Tim Litfin: Sure. Thanks for having me here tonight. Appreciate it. Stolar: Tom, you have a question for Jerry. 13 Park and Rec Commission - January 24,2006 Kelly: I'm just curious, did you solicit Minnesota Safety Services for a bid as well? Ruegemer: I did not this year. Kelly: Okay. Can I ask, all I remember, I remember about the meeting last year was that, I think we were impressed with both companies. I believe our concern with Minnesota Safety Services was they were a brand new company and just didn't know if they would stand the test of time. And I'm just curious why you didn't go back to them for, just to get a competitive bid. I understand this one's you know a 5% lower but just to get a second bid. Ruegemer: I think really the main reason was really value of relationships. This is really, we have a lot of relationships with the School District of Chaska. Looking at the Minnetonka School District, we certainly value their expertise and that sort of thing from that. And it really is our only connection or one of our limited connections to the Minnetonka School District. Knowing that and with the history and our good relationship of them, that's the reason why just sought out one bid this year with Minnetonka. Kelly: Alright. Stolar: Other questions? Paula? No? Okay. Do we have a motion on the table to approve staff's recommendation? Kelly: I move to approve staff's recommendation. Atkins: Second. Stolar: Moved and seconded. Kelly moved, Atkins seconded that the Park and Recreation Commission recommends that the City Council approve the contract for Minnetonka Community Education and Services in the amount of $25,900 to provide lifeguard services at Lake Ann beach for the 2006 season. All voted in favor and the motion carried unanimously with a vote of 6 to O. Stolar: And Tim, thank you. Looking forward to working with you again. Tim Litfin: We do as well. IMPLEMENT A TION OF SAFETY SIGNAGE - POWER HILL PARK SLIDING HILL. Hoffman: Chair Stolar, members of the commission. Item number 5 has to deal with Power Hill sledding hill, and implementation of safety signs or safety related signage. I'll have to imagine if you stepped out on Power Hill tonight it would be just about a single sheet of ice. Slipper with moisture and probably quite dangerous if you approached the sledding activities in an unsafe manner. This signage is an attempt to help educate the public. I think we, the City has to do due diligence when people go to a public facility, if there is not signage there, they have some sort of an expectation that this is a public facility operated by Park and Recreation Department and that 14