2023-24 Lake Ann Lifeguard Contract83758 Page 1 of 4
TWO (2) YEAR AGREEMENT
FOR
SUMMER SERVICES AT LAKE ANN BEACH
AGREEMENT made 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 Program during the 2023 and 2024 Swimming Seasons for Lake Ann Beach.
WHEREAS, the Contractor agrees to provide Lifeguard Services for Lake Ann Beach.
NOW THEREFORE, the parties agree as follows:
1. CONTRACTOR SERVICES.
A. Lifeguard Service. The Contractor agrees to provide the City with qualified and Red
Cross certified personnel to serve as lifeguards at Lake Ann Beach from June 3, 2023 through
August 13, 2023 and June 1, 2024 through August 11, 2024 from 11:00 a.m. to 6:00 p.m. daily
(weather permitting).
B. Contractor agrees to provide:
1) an appropriate number of lifeguards on duty at all times, according to 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 and rescue board.
2. CITY OBLIGATIONS.
A. Beach. The City agrees to provide a clean and well-maintained beach and beach
area. This includes defined swimming boundaries; clean restrooms and lifeguard stations. The
City agrees to provide a working telephone, lifeguard chairs, umbrellas, and megaphones.
B. 2023 Payment. The City agrees to pay Contractor a total of $38,700 divided into two
equal payments of $19,350 on July 10, 2023 and August 10, 2023 in return for lifeguard services.
C. 2024 Payment. The City agrees to pay Contractor a total of $38,700 divided into two
equal payments of $19,350 on July 10, 2024 and August 10, 2024 in return for lifeguard services.
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
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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 Services provided 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 of
2023 and October of 2024) 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 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 to the full extent permitted by law, actions by the parties
pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity"
and it is the intent of the parties that they shall be deemed a "single governmental unit" for the
purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. l; provided
further that for purposes of that statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party.
6. INSURANCE. The City is responsible for obtaining property and liability
coverage for the cities’ beaches and will provide a certificate of insurance to the Contractor.
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, 2024 unless
earlier terminated by either party, with or without cause, upon 45 days written notice or as
otherwise provided in this Agreement.
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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:
Laurie Hokkanen
City Manager
City of Chanhassen
7700 Market Blvd., P.O Box 147
Chanhassen, Minnesota 55317
Phone: (952) 227-1100
The authorized representative of the Contractor is as follows:
David Law, 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF CHANHASSEN
BY:
(SEAL) Elise Ryan, Mayor
AND
Laurie Hokkanen, City Manager
DATE:
MINNETONKA PUBLIC SCHOOLS
BY:
David Law, Superintendent
DATE:
DocuSign Envelope ID: D48AB215-5BD9-4813-AE28-2670DF4E475C
5/5/2023
5/5/2023