Loading...
4 2006 Lake Ann Beach Lifeguard Contract Lf - MEMORANDUM CITY OF CHANHASSEN TO: Todd Hoffman, Park & Recreation Director Jerry Ruegemer, Recreation Supervisor 1~ January 17, 2006 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: DATE: Administration Phone 952.227.1100 Fax 952.227.1110 SUBJ: 2006 Lake Ann Beach Lifeguard Contract Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 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. Park & Recreation Phone 952.227.1120 Fax 952.227.1110 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. Finance Phone 952.227.1140 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 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 price. Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 RECOMMENDA TION Senior Center Phone 952.227.1125 Fax 952.227.1110 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. Web Site www.ci.chanhassen.mn.us ATTACHMENT 1. MCES Contract for Lifeguard Services at Lake Ann Park. The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails. and beautltul 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. 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 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. 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: 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