3. 2011/2012 Lake Ann Beach Lifeguard Contract 10° 3
CITY OF
CHANHASSEN MEMORANDUM
7700 Market Boulevard
PO Box 147 TO: Todd Hoffman, Park & Recreation Director
Chanhassen, MN 55317
FROM: Jerry Ruegemer, Recreation Superintendent
Administration
Phone: 952227,1100 DATE: February 22, 2011
Fax: 952.227 1110
Building Inspections SUBJ: 2011/2012 Lake Ann Beach Lifeguard Contract
Phone: 952.227 1180
Fax: 952,227,1190 PROPOSED MOTION:
Engineering
Phone: 952.227 1160 "The Park and Recreation Commission recommends that the City
Fax: 952.2271170 Council approve a two -year contract for Lake Ann Park Beach
Lifeguard services with Minnetonka Public Schools in the amount of
Finance
Phone: 952.227 1140 $27,529 each year."
Fax: 952,227 1110
Approval of this recommendation requires a simple majority vote of the
Park & Recreation
Phone: 952.227.1120 Park & Recreation Commission.
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard The City of Chanhassen contracts with Minnetonka Public Schools for the
Phone: 952.227 1400 provision of lifeguard services at Lake Ann Park. The city and Minnetonka have
Fax: 952.227.1404 worked together and developed a two -year contract format, which has been used
Planning & since 2007. The City Council has endorsed the concept of a multi -year contract.
Natural Resources
Phone: 952.227 1130 The 2009- 2010 contract included reduced service hours and dates. This
Fax: 952.227 1110
reduction allowed us to improve efficiency and lower costs without affecting
Public Works safety or impacting our beach users. If the city keeps the service levels and hours
1591 Park Road the same as last year this would be option A from the attached list of options. The
Phone: 952.227 1300
Fax: 9522271310 proposed new contract results in a .5% increase from the $27,388 in 2010 to the
proposed 2011/2012 contract amount of $27,529 per year. This equates to an
Senior Center increase of $141 per contract year.
Phone: 952.227 1125
Fax: 952.227 1110
Web Site
www.ci.chanhassen, mn. us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Todd Hoffman
February 22, 2011
Page 2
PARK AND RECREATION COMMISSION RECOMMENDATION
Staff recommends that the Park and Recreation Commission recommend that the
City Council approve the attached 2011/2012 Lake Ann Lifeguard Services
contract with Minnetonka Public Schools. This contract includes providing
lifeguard services seven days per week from 11 am to 7 pm. The beaches will be
open from June 11 through August 14, 2011 and June 9 through August 19, 2012.
The contract fee will be $27,529 per year (option A). Funding for this contract is
included in the Lake Ann Park Operations Budget (1540).
ATTACHMENT
1. Proposed Lake Ann Beach Contract for 2011/2012
2. Lifeguard Service Proposal Options
g: \park \jerry \lake ann beach \lake ann beach lifeguard contract memo 2011-2012 docx
TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH - SUMMER 2011 & 2012
AGREEMENT made this 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 and Swimming Lesson Program during the 2011 and 2012 Swimming Seasons 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 11 through August
14, 2011 and June 9 through August 19, 2012 from 11:00 a.m. to 7:00 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, 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
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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. 2011 Payment. The City agrees to pay Contractor a total of $27,529.00 divided
into two equal payments of $13,764.50 on July 10, August 10, 2011 in return for lifeguard
services.
C. 2012 Payment. The City agrees to pay Contractor a total of $27,529.00 divided
into two equal payments of $13,764.50 on July 10, August 10, 2012 in return for lifeguard
services.
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. 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 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 and /or accidents. At
the end of the season (October, 2011 & October 2012) 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
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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.
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, 2011 and
October 1, 2012 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 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
83758
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed intending to be bound thereby.
CITY OF CHANHASSEN
BY:
(SEAL) Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
BY:
Dennis Peterson, Superintendent
DATE:
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Minnetonka Aquatics Lifeguard Service Proposal for
City of Chanhassen
Summer 2011 and 2012
2009 — 2010 Contract
2009: $26,590
2010: $27,388
Total: $53,978
Initial Proposed 2011 — 2012 Contract
2011: $26,674
2012: $26,674
Total: $53,348
Option A (same coverage as 2010)
Service Dates
2011: Saturday, June 11 `h through Sunday, August 14` 2011
2012: Saturday, June 9th through Sunday, August 19 2012
Service Hours: 11 am — 7 pm, 7 days a week
Fees:
2011: $27,529
2012: $27,529
Total: $55,058
Option B (one Less week in 2012)
Service Dates
2011: Saturday, June 11 through Sunday, August 14 2011
2012: Saturday, June 9 through Sunday, August 12 2012
Service Hours: 11 am — 7 pm, 7 days a week
Fees:
2011: $26,752
2012: $26,752
Total: $53,504
Option C (Close 30 minutes earlier)
Service Dates
2011: Saturday, June 11 ` through Sunday, August 14 2011
2012: Saturday, June 9 through Sunday, August 19` 2012
Service Hours: l lam — 6:30pm, 7 days a week
Fees:
2011: $27,011
2012: $27,011
Total: $54,022