5.h) 2014 Scandia Lakamaga Program Agreement and Exhibits A and BPROGRAM AGREEMENT
City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys
A. Parties
This agreement 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 park and recreation program
during the summer of 2014. The programs will begin June 23, 2014, and end August 15, 2014,
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 and/or contact 911 in emergencies as
needed; will have a first aid and CPR -certified staff member 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.
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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.
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 are
due within 30 days of receipt of billing.
E. Data Privacy
Data collected, created, received, maintained, or disseminated for use for any purpose in the
course of the City's performance of this agreement is governed by the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13 ("Act"), or any other applicable state
statutes and state rules adopted to implement the Act, as well as 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 quarantine, 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:
The 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,
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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 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 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 performing
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.
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H. Signatures
For Girl Scouts of Minnesota and Wisconsin River Valleys:
By:
Title:
Date:
For City of Scandia:
By:
Title:
Date:
Exhibit A to Program Agreement
City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys
Outdoor Explorers Dav Cam
Grades: 1-5
Description: Come out to Camp Lakamaga and have a great day camp experience! We offer
swimming, kayaking, fishing, biking, archery, art and nature projects, adventure course, fitness course
and more! Campers are provided lunch and snacks each day.
Min/Max Enrollment 5/20
Time: 8:30 am - 5 pm
Cost: $140 Lakamaga 80%= $112
Dates: (Session 1) June 23 -June 27 Deadline: June 13
(Session 2) July 21 -July 25 Deadline: July 11
(Session 3) August 11 -August 15 Deadline: August 1
*Last day of camp will end at 3 p.m. on Friday for all three sessions.
Junior Exolorers Dav Cam
Grades: K-3
Description: 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, fishing,
biking, archery, art and nature projects, adventure course, fitness course and more!
Min/Max Enrollment 5/10
Time: 8:30 am - Noon
Cost: $65 Lakamaga 80% = $52
Dates: (Session 1) June 23 -June 27 Deadline: June 13
(Session 2) July 21 -July 25 Deadline: July 11
(Session 3) August 11 -August 15 Deadline: August 1
Little Tvke Archers
Grades: K-2
Description: 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 shoes. 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 Enrollment 3/10
Time: 9 am - 11 am
Cost: $14 Lakamaga 80% = $11.20
Dates: July 7 and July 9 Deadline: June 27
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Robin Hood & Maid Marion Archers
Grades: 3-6
Description: Learn the basics and then further explore the different types of bows. Practice
shooting compound and traditional bows at different distances. Master traditional targets and take on
some 3-D life -like animal targets to hone skills and add a little fun! Dress for the outdoors and wear
closed toed shoes. 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 Enrollment 3/10
Time: 9 am - 11 am
Cost: $14 Lakamaga 80% =$11.20
Dates: July 28 and July 30 Deadline: July 18
Rev. 2.18.2014
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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 and/or 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 wards during the entire period of participation in Scandia
Park and Recreation activities."
VA