1a Summer Services Lake Ann ParC1TYOF
CHAN1]A EN
7700 Mark~ Boolevard
PO ~ 147
Chanhas.~, MN 55317
Administration
Phone: 952227.1100
Fax: 952.227.1110
Building Inspections
Ptme: 9,52227.1180
Fac 952.227.1190
Engineering
952227.1160
Fax: 952227.1170
Finance
Phone: 952227.1140
Fax: 9,52.227.1110
Park & Recreation
Phone: 952227.1120
Fax: 952227.1110
Recreation Center
2310 Coulter Boolevard
Ptto~e: 952.227.1400
Fac 952227.1404
Planning &
Natural Resources
Phone: 952227.1130
Fax: 952227.1110
Public Works
1591 Pad(Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952227.1125
Fax: 952227.1110
Web Site
www. ci.chanhassen.mn.us
MT~OR.~T.~
TO:
FROM:
Todd Hoffman, Park and Recreation Director
Jerry Ruegemer, Recreation Superintendent
SUBJ:
2003 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.
The Lake Ann Beach is scheduled to open from June 7 through August 24. It is
open seven days per week from 10:30 mm. to 8:00 p.m., weather penning. During
the contracted hours for lifeguard service, anywhere from two (2) to four (4)
lifeguards are on duty throughout the day. The breakdown is as follows:
10:30 a.m. - 1:00 p.m.
1:00 p.m. - 5:00 p.m.
5:00 p.m.
5:30 p.m.
5:30 p.m. - 8:00 p.m.
2 lifeguards are on duty
4 lifeguards are on duty
1 lifeguard goes off duty
1 lifeguard goes off duty
2 lifeguards are on duty
The Lake Ann Beach had a total of 14,887 users last summer during the hours of
10:30 a.m. - 8:00 p.m.
The total contract amount for lifeguard services increased by $1,300 from 2002.
The increase is due to elevated staff salaries at Minnetonka Community Educ~on
Services. If the 2003 beach contract is approved, the contract amount of $27,555
will be divided into three equal payments of $9,185. These payments will be made
on July 15, August 15, and September 15. The contract amount has been budgeted
in our Lake Ann Park Operations (1540) Budget for 2003.
RECOMMENDATION
It is staff's recommendation that the Park and Recreation Commission recommend
that the City Council approve the 2003 Lifeguard Conlxact for Lake Ann Beach for
services provided by Minnetonka Commllnity Education and Services, in the
amount of $27,555.
The City of Chanhasaen · A growing community win clean lakes, quality schools, a channing downtown, thriving Imsi _ntts-_~, wtndlng trails, and beauUful parks. A gmat place to INs, work, and play.
STAFF UPDATE- 3-4-03
The Park and Recreation Commission at their February 25 meeting reviewed the
2003 Lifeguard Contract. After discussion the commission voted unanimously to
recommend that the City Council approve the 2003 Lifeguard Contract for l_ake
Ann Beach, for services provided by Minnetonka Community Education and
Services, in the mount of $27,555.00
AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2003
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 of Chanhassen has requested that Contractor provide a IJfeguard
Service and Swimming Lesson Program during the 2003 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 7, 2003 through August 24,
2003 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)
2)
3)
4)
an appropriate number of lifeguards on duty at all times, according to any
applicable industry standards or regulations;
lifeguard staff with. ongoing in-service training during the summer season;
supervision of lifeguard personnel;
all necessary safety equipment for the Lifeguard Services;
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 MCF3 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-main~ed 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 $27,555.00 divided into three
83758
equal payments of $9,185.00 on July 15, August 15, and September 15, 2003 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 m incidents an/or accidents. At the end of the season
(October 15, 2003) 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, volun~ 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 ail 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 mount 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
83758
effective upon signature by all parties and shall remain in effect until October 1, 2003, unless
earlier terminated by either party, with or without cause, upon 45 days written notice or as
otherwise provided in this Agreement.
$. 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) 227-1119
The authorized representative of the Contractor is as follows:
Daniel S. Kuzlik, Executive Director
Minnetonka Public Schools Community Education and Services
5621 County Road 101
Minnetonka, Minnesota 55345
Phone: (952) 401-5050
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 succ~sors 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
83758
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 WttEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
(SEAL)
CITY OF CHANHASSEN
BY:
Thomas Furlong, Mayor
Todd Gerhardt, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
BY:
Daniel S. Kuzlik, Executive Director
DATE:
83758