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5.d) Program Agreement with Girl Scouts of MN and WI River Valleys Meeting Date: 4/17/2012 Agenda Item: � � City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Program Agreement with the Girl Scouts of Minnesota and Wisconsin River Valleys ("River Valleys") for summer recreation programs to be held at Camp Lakamaga. Deadline/Timeline: Programs begin in July; brochure was mailed March 30, 2012. Background: • The agreement sets forth the responsibilities of the City and the Girl Scouts for various summer recreation programs to be held at Camp Lakamaga, the Girl Scout Camp located on Big Marine Lake. The agreement is similar to the agreement signed between the city and the organization (which was formerly known as the Girl Scout Council of the St. Croix Valley) each year since 2007. • Program revenues will be shared between the city (20%) and River Valleys (80%) for all programs covered by the agreement. There will be no obligation to either party if programs need to be cancelled due to lack of registrations. • The agreement has been reviewed by the City Attorney, and incorporates language recommended by LMCIT loss control attorneys regarding data privacy, liability and insurance. Recommendation: I recommend that the Council approve the agreement and authorize the Mayor to sign on behalf of the City. Attachments/ • Program Ageement Materials provided: Contact(s): Laurie Monson, Recreation Coordinator (651 464-7106) Prepared by: Anne Hurlburt, Administrator (Girl Scout Agreement for Lakamaga) Page 1 of 1 04/03/12 Program Agreement City of Scandia,MN and Girl Scouts of Minnesota and Wisconsin River Valleys A. Parties This agreernent is made and entered into by the City of Scandia(hereinafter referred to as "City")and the Girl Scouts of Minnesota and Wisconsin River Valleys (hereinafter to as"River Valleys.") B. Purpose The purpose of this agreement is to set forth the terms and responsibilities of the parties, who wish to provide certain recreation activities to the City's residents at Camp Lakamaga owned and operated by River Valleys under the auspices of the City's pazk and recreation program during the summer of 2012. The programs will begin July 9, 2012 and end August 23, 2012 and will be as described in the attachment to this agreement(Exhibit"A".) C. Responsibilities of Parties With respect to operation of the programs for the City's residents,the parties will have responsibilities as follows: River Valleys will: 1. Provide trained and/or certified staff to lead all specialized activities including the following: swimming,boating, fishing, adventure course, archery,biking, sports and arts and crafts. 2. Assist in meeting and greeting participants at Camp Lakamaga and answering parent questions. 3. Provide basic first aid/emergency care andlor contact 911 in emergencies as needed; will have a first aid and CPR-certified staff inember on duty at all times. 4. Provide lifeguard on duty with current certification for all swimming activities. 5. Provide lifeguard or small craft safety certified staff on duty for all boating activities. 6. Communicate with City staff regarding any behavior or discipline issues. 7. Provide evaluation forms to all participants and share written results with the City of Scandia Parks and Recreation program. City will: 1. Print and distribute brochures/program information and promote programs. 2. Register all City participants obtaining release and waiver as shown in Exhibit"B"to this agreement. 3. Update Camp Lakamaga staff on a weekly basis on number of City participants registered for programs except for Thursday Discovery Day program, as to which River Valleys will take registrations and keep 100% of registration fees. 8 4. Obtain a health history and permission to treat from all City participants as well as emergency contact information and provide it on site to Camp Lakamaga staff. 5. Communicate with parents in the event of program changes or if behavior or discipline issues arise during the course of the programs. D. Sharing of Program Revenue In consideration of this agreement,the City shall pay to River Valleys eighty percent(80%)of registration fees received by the City for all programs covered by this agreement. Payments aze due within 30 days of the start date of each program. E. Data Privacy Data collected,created,received, maintained, or disseminated for used for any purpose in the course of the City's performance of this agreement is governed by the Minnesota Government Data Practice s Act, Minnesota Statutes,Chapter 13 ("Act"), or any other applicable state statutes and state rules adopted to implement the Act, as well a state statutes and federal regulations on data privacy. All data created, collected,received, stored,used, maintained, or disseminated by River Valleys in performing its obligations under this agreement is subject to the requirements of the Act and River Valleys agrees to comply with the requirements of the Act as if it were a government entity. F. Liability and Insurance River Valleys' obligation to make its facility available and operate the programs will be relieved if anything outside of its reasonable control prevents the facility from being available at the date and time scheduled for the event. This includes such occurrences as natural disaster,fire, destruction, war, governmental order and quazantine,or other forces or events outside of River Valleys' reasonable control. River Valleys does not assume any responsibility or liability for damages to or loss of any personal property brought to Camp Lakamaga by the City or City program participants. Staff and participants will be encouraged not to bring valuables to the Camp as a safe or other protection for them is not available. Liability for any claims,meaning all third-party claims, losses,damages, and expenses,including attorney fees,resulting from personal injury, death, or property damage shall be handled in the following manner: � T'he City and River Valleys acknowledge that they shall be responsible for any claims that arise out of or are caused by the actions of that party or its employees,officials, volunteers, or agents. No party shall be liable for any claims that arise out of or is caused by the actions of the other party or its employees,officials, volunteer,or agents. No party is responsible for 9 the actions of the other party and is only responsible for those tasks assigned to it in this agreement. � The City agrees that it will defend,indemnify, and hold harmless River Valleys and its employees, officers, volunteers, and agents against any and all claims arising out of the City's performance or failure to perform its obligations pursuant to this agreement. • River Valleys agrees that it will defend, indemnify, and hold harmless the City and its employees, officers,volunteers and agents against any and all claims arising out of River Valleys' performance or failure to perform its obligations pursuant to this agreement. • Nothing herein shall be construed to waive or limit any immunity from,or limitation of liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. • Notwithstanding any other provision of this agreement,the City shall not be not be required to pay any amount in excess of the limits on liability established by Minnesota Statutes, Chapter 466. The City and River Valleys agree to maintain general liability insurance in the minimum amount of$500,000 per occurrence and $1,500,000 in the aggregate to insure against any liability caused by that party's obligations under this agreement. The parties shall name the other party as an additional insured on their respective policies. Upon request,the City and River Valleys will provide to the other party a certificate of insurance verifying that the insurance policies required by this agreement are in effect. Nothing contained in this agreement is intended or should be construed as creating the relationship of co-partners or joint ventures between the City and River Valleys. No rights or benefits,including workers' compensation, unemployment insurance,medical care, or other benefits available to City employees shall accrue to River Valleys or its agents perfornung services under this agreement. G. Cancellation The parties agree that this agreement may be cancelled with 30(thirty)days notice by either party. Individual programs may be cancelled by either party with 7 (seven)days notice. H. Signatures For Girl Scout of M�nesota and Wiscon ' River Valleys: By, � ° ,; .� tJ/ .� Title: �'''G' Date: " �i / �/l'e.�j � 10 For City of Scandia: By: Title: Date: 11 Exhibit"A"to Program Agreement City of Scandia,MN and Girl Scouts of Minnesota and Wisconsin River Valleys Description of Programs Cleat Kids(Ages 4-6) Try your hand at a variety of sports while participating in fun camp activities at the Community Center! Multiple sports will be offered during these high energy sessions.This class will promote positive teambuilding skills,good sportsmanship and give your child a sense of confidence with our fundamental sports instruction by Camp Lakamaga staff.Please bring a water bottle and come ready for some excitement and fun! Min/Ma�c Enrollment 5/20 Location: Community Center Time: 9:30 am— 11:00 am Days: Monday-Thursday Cost: $40 per session Session 1: July 16—July 19 *Deadline: July 9 Session 2: August 20-August 23 *Deadline: August 13 Outdoor Explorers Dav Camp(Grades 1-6) Come out to Camp Lakamaga and have a great day camp experience! We offer swimming,kayaking and fishing,biking,azchery,art and nature projects,adventure course,fitness course and more! Campers will choose programming at the beginning of the week-long session. Campers are provided lunch and snacks each day. Min/Max Enrollment 5/20 Location: Camp Lakamaga Time: 8:30 am-5:30 pm Days: Monday-Friday Cost: $130 per session Session 1: July 9-July 13 *Deadline: June 2 Session 2: July 30-August 3 *Deadline: July 23 Session 3: August 13-August 17 *Deadline: August 6 12 �, Junior Explorers Half-Dav Camn(Grades K-3) Not ready to spend the whole day at camp? Then join us for a fun-filled half-day experience at Camp Lakamaga. Some of the activities available include swimming,kayaking and fishing,biking,archery,art and nature projects,adventure course,fitness course and more! Min/Ma�c Enrollment 5/10 Location: Camp Lakamaga Time: 8:30 am-Noon Days: Monday-Friday Cost: $60 per session Session 1: July 9-July 13 *Deadline: June 2 Session 2: July 30-August 3 *Deadline: July 23 Session 3: August 13-August 17 *Deadline: August 6 Art Adventure(Grades 1-4) Calling all artists! Dabble in different mediums from paint to crayons,bracelets to beadwork,clay and so much more!At this artistic session,you will create a colorful or wacky work of art and learn new art techniques. Please bring a water bottle and come ready for some creative excitement and fun! Min/Max Enrollment 5/10 Location: Camp Lakamaga Time: 9:00 am- 12:00 pm Date: Aug 6&8(M&V� Cost: $50 per session *Deadline: July 30 Geocaching—Nature Navigators(Ages 5-14) Ever wanted to search for modern-day buried treasure,use a high-tech GPS,or even learn what it means to geocache?Put on your Explorer hats and come on out to Camp Lakamaga to navigate and find hidden treasures! Your child will learn how to use a GPS,make friends,and get to explore the outdoors all at the same time while having fun! Multiple sessions of Nature Navigators will provide you with many opportunities to hone in on your navigational skills and search for even more treasure! Min/Max Enrollment 5/15 Location: Camp Lakamaga Time: 9:00 am- 11:30 am 13 ./ Date: July 17(VV) Cost: $10 per session *Deadline: July 10 Little Tvke Archers (Grades K-2) Learn how to string a bow,shoot arrows using different types of bows and stay safe in the sport. Once you have the basics down,have fun shooting at the targets to see how many points you can score! Dress for the outdoors and wear closed toed shces. Please arrive 15 minutes early to walk to the archery range. Parents who would also like to learn more about the sport of archery are welcome to register and participate as well with your child. Min/Max 3/10 Location: Camp Lakamaga Time: 9:00 am- 11:00 am Date:July 23 &25(M&W) Cost: $10 per session *Deadline: July 16 Robin Hood/Maid Marion Archers(Grades 3-6) Leam the basics and then further explore the different types of bows--shooting compound and traditional bows at different distances. Master traditional targets and take on some 3-D,life-like animal tazgets to hone skills and add a litde fun! Dress for the outdoors and wear closed tced shces. Please arrive 15 minutes eazly to walk to the archery range. Parents who would also like to learn more about the sport of archery aze welcome to register and participate as well with your child. Min/Max Enrollment 3/10 Location: Camp Lakamaga Time: 9:00 am- 11:00 am Date:July 16& 18(M&W) Cost: $10 per session *Deadline: July 9 Pontoon Ride—Families A ride for the whole family to enjoy! Come to Camp Lakamaga on YOUR time and go out on a pontoon ride with picnic and swimming/fishing. Cost includes 2 hours on pontoon,food,beverages,and fishing equipment(fishing license required if over 16). Call to schedule today! Location: Camp Lakamaga Time: Evenings Date: Ca11651-433-4690 to reserve your date/time Cost: $15 per person 14 � Thursdav Discoverv Davs Thursday is FUNday at Camp Lakamaga! Come with your special adult. Try swimming,arts and crafts, nature exploration,and other fun camp activities. Adults must attend with ldds. Lunch is included. Location: Camp Lakamaga Time: 10:00 am-4:00 pm Dates: Thursdays 6/28,7/12,7/19,7/26, 8/2, 8/9, 8/16,8/23 Cost: $12 per person per session Registration taken through Camp Lakamaga at 651-433-4690 or camps@girlscoutsrv.org 15 � Exhibit`B"to Program Agreement City of Scandia,MN and Girl Scouts of Minnesota and Wisconsin River Valleys Participant Release and Waiver Program participants shall be required to sign a waiver as follows: "Release: I recognize there is a significant element of risk in any sports and/or activity. Knowing the inherent risks,dangers and rigors involved, I certify that I andlor my family (including any minor children) are fully capable of participating in the activities, and wish to do so as voluntary participants, and with such knowledge assume any and all risks while participating in the activities. In consideration of the City of Scandia and the Girl Scouts of Minnesota and Wisconsin River Valleys (collectively referred to herein as the"City" and"River Valleys"respectively),providing this program to me and/or my family and/or legal wards, I hereby waive and release the City and River Valleys, and the employees, agents and volunteers of each of the City and River Valleys (collectively the "Released Parties"), from all actions, claims and demands for personal injury, including death, arising out of the conduct of the activities. I further agree that I shall not bring any claims, demands, legal actions and causes of action against the Released Parties. As to each of the City and River Valleys,this waiver of liability does not waive liability for any injuries that I obtain as the result of willful, wanton or intentional misconduct by the City or River Valleys or their respective employees, agents or volunteers. The agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. I have read, understand,and accept the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me and/or my family and/or legal wazds during the entire period of participation in Scandia Park and Recreation activities." 16