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6 1999 Lake Ann Beach ContractCITYOF CHANHASSEN 900 MEMORANDUM TO: FROM: DATE: Todd Hoffman, Park & Recreation Director Jerry Ruegemer, Recreation Superintendent January 14, 1998 SUB J: 1999 Agreement for Summer Services at Lake Ann Beach During 1998, the Lake Ann Beach contract was updated for the first time since the 1970's. From that point on, it was determined that the contract would be reviewed annually. The contract has been updated and is included with this memorandum. Mirmetonka Community Education and Services provides lifeguard services at 8 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 (as listed on Exhibit "A" in the contract). The City of Chanhassen's 1999 total program expense percentage is 29.53%, which was a decrease from the 1998 percentage of 30.12%. Based upon this percentage, the city's total lifeguard bill would be $21,298.47. The $21,298.47 is a pre-determined expense and is agreed upon if the contract is accepted. If both the Park and Recreation Commission and the City Council are in agreement with this amount, reimbursement would be divided into three equal payments of $7609.49, 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 staff's recommendation that the Park and Recreation Commission approve the Agreement for Summer Lifeguard Services at Lake Ann Beach for 1999, as provided by Minnetonka Community Education and Services. The agreement covers many details and I am confident that all of the city's interests have been covered. g:\park\jerry\lifeguardcontract99.doc AGREEMENT FOR SUMMER SERVICES AT LAKE ANN BEACH - 1999 SEASON 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 Lifeguard Service and Swimming Lesson Program during the 1999 Swimming Season for Lake Ann Beach; 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"); 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 12, 1999 through August 29, 1999 on a seven day per week schedule from 10:30 a.m. to 8:00 p.m. daily (weather permitting). 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 SUlnmer season; supervision of lifeguard personnel; and 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 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 safe, clean and well-maintained beach and beach area at Lake Ann including defined swimming boundaries, sand and water free of debris and safety hazards, clean and sanitary changing rooms, and a lifeguard station. The 69022 City agrees to provide a working telephone, lifeguard chairs, megaphone, and safety 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 Total 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 1999 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 1999 Swimming Season is 29.53 % based on the schedule attached hereto as Exhibit B. 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 $21,298.47 for its share of the Total Program expenses. The City's payment shall be made in three equal instalhnents of $7,099.49 on July 15, August 15 and September 15, 1999. 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 property damage and personal injury, including death, which arise in connection with the Contractor's performance of this Agreement or 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 Agreement or in connection with any acts or omissions of City employees. 4. REPORTS. Contractor will provide the City with all necessary inIbrmation 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, including 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. Contractor shall provide a budget for the following season in January 2000. 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 69022 -2- provided to be rendered herein, shall in no way be the obligation or responsibility of the City. 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 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 Lake Ann Beach. 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 signatures 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 1999, 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 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 Acting City Manager City of Chanhassen 690 City Center Drive Chanhassen, Minnesota Phone: (612) 937-1900 55317 69022 -3- 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: (612) 906-2550 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. (SEAL) CITY OF CHANHASSEN BY: Nancy K. Mancino, Mayor AND Todd Gerhardt, Acting Manager MINNETONKA PUBLIC SCHOOLS COMMUNITY EDUCATION AND SERVICES BY: Daniel S. Kuzlik, Executive Director 69022 -4- EXHIBIT "A" TOTAL PROGRAM 1999 SWIMMING SEASON BUDGET SUBTOTAL TOTAL Administration 1,000.00 Supervisors 5,500.00 Fringe Benefits 1,100.00 Lifeguards 58,046.75 Fringe Benefits 4,440.58 Workman's comp. 1,747.54 Mileage Reimbursement 260.00 Postage 250.00 Printing 250.00 Phone-Cell 120.00 Pagers 260.00 Uniforms 450.00 Supplies 550.00 Red Cross Fee 250.00 Weather Rebate $74,224.87 -$2.1oo.oo $72,124.87 69022 -5- ~' EXHIBIT B The schedule for Summer 1999 is as follows: All beaches open on June 12 and close on August 29. Deephaven 3 beaches - Main, Robinsons, Sandy Scheduled lifeguard hours = 2451 (33.37%) Shorewood 1 beach - Crescent (shares expenses with Tonka Bay Scheduled lifeguard hours = 276.5 (3.76%) Tonka Bay 2 beaches - Wakota and Crescent (shares expenses with Shorewood) Scheduled lifeguard hours = 750.5 (10.22%) Chanhassen 1 beach - Lake Ann Scheduled lifeguard hours = 2169 (29.53 %) Excelsior 1 beach - Excelsior Scheduled lifeguard hours : 1,698.5 (23.12%) 69022 -6-