1b. Approval of 2007-08 Lifeguard Services Contract with Minnetonka Community Education & Services
CITY OF
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The City of Chanhassen · ;\
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MEMORANDUM
TO:
Todd Hoffman, Park & Recreation Director
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FROM:
Jerry Ruegemer, Recreation Superintendent
DA TE:
January 10,2007
SUBJ:
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2007/2008 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.
Previously the idea was brought forward to explore the possibility of developing a
two year lifeguard contract. Staff contacted MCES to discuss the merits of a two
year contract and they were very receptive to the idea. Staff made the necessary
changes to the contract to reflect the two year contract.
Staff asked MCES to submit a contract for the 2007 and 2008 beach season. The
total price of their 2007 contract is $28,490. This dollar amount is higher than the
2006 contract by $2,590 ($25,900). The higher contract amount is due to increased
labor, insurance, and operational costs. The 2008 contract will increase 5% from the
2007 amount which equals $1,425 with the grand total of the contract being
$29,915. The contract will include providing lifeguards 7 ,days a week from 10:30
a.m. to 8 p.m. from June 9 - August 19, 2007 and June 7 - August 17, 2008.
RECOMMENDA TION
It is staff s recommendation that the Park & Recreation Commission recommend
that the City Council approve the two year contract from Minnetonka Community
Education & Services (MCES) in the amount of $28,490 for 2007 and $29,915 for
2008 to provide lifeguard services at Lake Ann Beach for the 2007/2008 seasons.
This amount is included in the Lake Ann Park operations budget (1540) for 2007
and will be included in the (1540) budget for 2008.
UPDATE
On January 23,2007, the Park & Recreation Commission reviewed the Lake Ann
Beach Lifeguard Contract. Staff proposed that the annual contract be changed to a
two-year contract. Following review and discussion, the Park & Recreation
Commission unanimously recommended that the City Council approve the two-year
contract with MCES in the amount of $28,490 for 2007 and for $29,915 for 2008
(5% increase). Approval of this item requires a simple majority vote of those City
Council members present.
ATTACHMENT
1. MCES Contract for Lifeguard Services at Lake Ann Park
2. Park & Recreation Commission Minutes dated January 23, 2007
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TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2007 & 2008
AGREEMENT made this Februarv 13,2007 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 2007 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 9 through August 19,2007
and June 7 through August 17,2008, 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
C. 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,
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and safety boat with oars.
B. Payment. The City agrees to pay Contractor a total of $28,490.00 divided into two
equal payments of $14,245.00 on July 10, August 10,2007 in return for lifeguard services.
C. 2008 Payment. The City agrees to pay Contractor a 5% increase from the 2007
contract amount of $28,490.00. The City will pay Contractor in two equal payments on July 10,
August 10,2008.
D. 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. INDEMNIFICA TION. 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, 2007 & October 2008) 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.
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6. INSURANCE. The City is responsible for obtaining property and liability
coverage for the cities' beaches. Contractor will maintain professional liability and
comprehensi ve 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, 2007 and October 1, 2008
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 representati ve for the purpose of administration of this Agreement.
The authorized representative of the City is:
Todd Gerhardt
City Manager
Ci ty 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
4584 Vine hill Road
Deephaven, Minnesota 55331
Phone: (952) 401-5043
11. AMENDMENTS. Any amendments to this Agreement will be in writing and
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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:
MINNETONKA PUBLIC SCHOOLS
BY:
Tim Litfin, Executive Director
DATE:
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Park and Rec Commission - January 23,2007
Daniel: Yep.
Stolar: Okay, comments made that reflect Commission Daniel should be reflecting
Commissioner Scharfenberg. There's one where you guys were talking one right after another
but, okay.
Hoffman: Nann will figure that out.
Stolar: Anything else? Alright, seeing none do we have a motion to approve?
Spizale moved, Scharfenberg seconded to approve the verbatim and summary Minutes of
the Park and Recreation Commission meeting dated December 12, 2006, amended to
reflect that Commissioner Daniel's comments were actually made by Commissioner
Scharfenberg. All voted in favor and the motion carried unanimously with a vote of 6 to O.
RECOMMENDA TION CONCERNING APPROVAL OF 2007 LAKE ANN LIFEGUARD
CONTRACT.
Ruegemer: Thanks Chair Stolar. Good evening to the rest of the commission. We do review the
annual contract every year about this time. We've had that relationship, we really go back it was
a handshake agreement back with Don Ashworth and Jim Jones back to the 1970's with that long
standing relationship that we certainly value. They've provided that service for a long time and
they've done a very nice job for us. We did talk about this in the past when we did, about the
possibility of going to a 2 year contract. To review it on an annual basis a 1 year contract.
Minnetonka Community Education Services was very much in favor of that discussion. What
staff did is I did go through that and kind of change the contract to reflect a 2 year contract, and I
did put in the different dollar amounts for 2008 also. The different opening and closing dates of
2008 as well as 2007, so if you looked at the contract, the contract did go up from the 2006
contract by $2,500. $2,590 from the previous year and that was due to increased labor insurance,
operational costs by the Minnetonka Community Education and Services. So that being said, the
2007 contracted amount that Minnetonka did contract was $28,490. That would be the dollar
amount to be proposed for 2007. To cover the 2008 contract, simply there's a 5% increase which
is less than the dollar amount, the increase from 2006 to 2007. So the 2008 kind of step increase
with that 50/0 would be a total of $1,425. Going ahead to next year the 2008 contract being
$29,915, and that was based upon the recommendation from Tim Litfin, the Community
Education Director from Minnetonka. That's what they've done with other cities that they have
contractual services with to provide lifeguard services. So that's the same amount that we're
using them for for our contract here moving forward for 2007 and 2008. So the lifeguard will
again propose that provide lifeguards at Lake Ann 7 days a week, starting June 9th going through
August 19th in 2007 and June 7th through August 17th of 2008 from the time of 10:30 a.m. to 8:00
p.m.. It is staffs recommendation that the Park and Rec Commission recommend to the City
Council to approve the 2 year contract from Minnetonka Community Education Services in the
amount of $28,490 for 2007 and $29,915 for 2008 to provide lifeguard services at Lake Ann
Beach. This amount for 2007 has currently been approved in the Lake Ann Park operations
budget and it will be included in the 2008 for the dollar amount stated in the normal, $29,915.
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Park and Rec Commission - January 23,2007
Attached, the contract is attached to that. Minnetonka certainly has had a chance to look at that
and they did not have any problems with the contract language. Also Roger Knutson, our city
attorney also had a chance to review the contract and everything looked fine to him as well.
Daniel: Is this how you want to proceed from this point forward Jerry, on the contracts every 2
year contract from this point forward?
Stolar: Other questions? I have a couple questions. One, does this, because we've broken it up
into years it does not have to go out to bid then right? What's the threshold for bid?
Hoffman: Contractual services doesn't.
Stolar: Doesn't have to go out to bid, okay. That's what I was wondering because it's over 50.
Isn't it like over $50,000 but this type wouldn't fall under that? Okay. So this would be just a
straight recommendation and if they agree, it's done?
Hoffman: Correct.
Stolar: The other question, I had brought this up before and I don't know how we want to handle
this but I know we had in early August you know or mid August, is there a need to language to
say if we want to extend? I know it's tough for them to get staffing. Everybody has a difficulty
getting staffing when kids go back to college and such, but it just seems a little bit early. I think
if I'm not mistaken, that's 2 weeks before Labor Day, correct?
Ruegemer: Yeah, when I first started here we did go through Labor Day and, Memorial through
Labor Day, and the beach traffic really does, really does slow down for that. And we have since
changed kind of our calendar for the Lake Ann concession operations as well. Boat rentals and
that sort of thing and concessions to kind of this date. We're not making any money for really
the last week, week and a half of that August. We're pretty much just basically opening the door
and maybe selling a bottle of pop for 2 weeks so.
Stolar: So August in general is slow.
Ruegemer: Very much so.
Stolar: As people go on vacations and okay.
Hoffman: The attractiveness of the beach just, it wanes in August. It's really good in June.
Ruegemer: And there's usually very nice days in August but the traffic is not there and that's not
just unique to Lake Ann. That's really state and kind of a nationwide trend.
Stolar: When are the Miracles of Mitch, it's that weekend right? The 19th? It's the 18th or
something.
Ruegemer: Yeah. Yeah.
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Park and Rec Commission - January 23,2007
Stolar: Okay. So it will be open during that time. Okay. Anybody else?
Atkins: How is the swimming lesson program doing? Are there still lots of kids signing up for
that or is that dropping off?
Ruegemer: They're still holding their own out there. They're still making some revenue for that
and it's something that's a nice service that you know that is available to our residents at really no
cost to us, other than, you know they do all the staffing. The lesson plans. Basically everything
from start to finish on that so it's a nice service that we can do. I don't have the numbers of kids.
I want to say it was around that 50 to 60 range.
Stolar: Okay. If there are no other questions, do we have a motion to approve staff's
recommendation to approve for City Council to approve a 2 year contract with Minnetonka
Education and Services for the lifeguard services at Lake Ann Beach. 2007 and 2008.
Daniel: Motion to approve.
Stolar: Moved by Commissioner Daniels.
Scharfenberg: Second.
Stolar: Seconded by Commissioner Scharfenberg. Any final questions?
Daniel moved, Scharfenberg seconded that the Park and Recreation Commission
recommends that the City Council approve the two year contract from Minnetonka
Community Education and Services (MCES) in the amount of $28,490 for 2007 and
$29,915 for 2008 to provide lifeguard services at Lake Ann Beach for the 2007/2008
seasons. All voted in favor and the motion carried unanimously with a vote of 6 to O.
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