3. Recommendation concerning approval of 2007 Lake Ann Lifeguard Contract
CITY OF
CHANIlASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
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
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227,1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Hoffman, Park & Recreation Director
FROM:
Jerry Ruegemer, Recreation Superintendent
DA TE:
January 10, 2007
SUBJ:
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 wmcb equals $1,425 with tbe 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 Ju.ne9 - August 19, 2007 and June 7 - August 17, 2008.
RECOMMENDATION
It is staff's recommendation tbat 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.
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 beautiful parks. A great place to live, work, and play.
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. 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 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. 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 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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