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5.d) Program Agreement with Girl Scouts of MN and WisconsinRiver Valleys for Summer 2009 Recreation Programs Meeting Date: 4/21/2009 Agenda Item: ��'; �/> City Council Agenda Report City of Scandia 14727 209'h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve Program Agreement with the Girl Scouts of Minnesota and Wisconsin River Valleys for summer recreation programs to be held at Camp Lakamaga. Deadline/ Timeline: Programs begin in June;brochure was mailed March 31, 2009. 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) in 2007 and 2008. • Program revenues will be shared between the city(20%) and the GSCSCV (80%) except for Cleat Kids, for which the City will retain 80%of the revenue. (GSCSCV provides staffing for all programs except Cleat Kids.)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 Agreement Materials provided: Contact(s): Marty McKelvey, Recreation Programs Coordinator(651 433-8410) Prepared by: Anne Hurlburt, Administrator (Girl Scout Agreement for Lakamaga) Page 1 of 1 04/O 1/09 Program Agreement City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys A. Parties This ageement 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 referred 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 community at Camp Lakamaga under the auspices of the City's park and recreation program during the summer of 2009. The programs will begin June 2, 2009 and end August 31, 2009 and will be as described in the attachment to this ageement(Exhibit "A".) C. Responsibilities of Parties With respect to operation of the programs, 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, arts and crafts, fishing, and family weekend programming. 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 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. City will: 1. Print and distribute brochures/program information and promote programs. 2. Register all participants including obtaining release and waiver as shown in Exhibit "B"to this agreement. 3. Update Camp Lakamaga staff on a weekly basis on number registered for programs. 4. Obtain a health history and permission to treat from all participants as well as emergency contact information and provide it on site to Camp Lakamaga staff. 5. Provide evaluation forms to all participants and share written results with Camp Lakamaga staff. 6. Communicate with parents in the event of program changes or if behavior or discipline issues arise during the course of the programs. 1 D. Sharing of Program Revenue In consideration of this agreement, the City shall pay to River Valleys eighty percent (80%) of registration fees for all programs (except Cleat Kids which the City will pay River Valleys 20%) covered by this agreement. Payments are 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 ("AcY'), 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 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' 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 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, 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. 2 • Nothing herein shall be construed to waive or limit any iminunity fro�n, 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$1,000,000 to insure against any liability caused by that party's obligations under this Agreeinent. 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 notic,�e by either party. Individual progams may be cancelled by either party with 7 (seven) days notice. H. Signatures For Girl Scouts of Minnesota and Wisconsin River Valleys: By: Title: Date: 3 For City of Scandia: By: Title: Date: 4 Exhibit"A" to Program Agreement City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys Description of Programs SPARKS & BLASTS DAY CAMP AT CAMP LAKAMAGA Come out to Lakamaga and have a great day camp experience! Camp Lakamaga offers swimming, kayaking& fishing,biking, archery, art and nature projects, adventure course, fitness course and more! Campers will plan programming at the beginning of the week-long session. Campers are provided lunch and a snack each day. Co-ed program Dates: 1 week sessions: June 22 —26; OR July 6— 10; OR July 20— 24; OR August 17—21; OR August 24 - 28 Days: Monday through Friday Times: 9:00 am—4:30 pm Early drop-of£ 8:30-9:OOam (supervised play time) Late Pick-Up: 4:30-5:30pm (supervised play time) Grades: 1 S'_ 8'h Cost: $ 175.00 Min/Max: 5/20 Bulls-eve Archerv and Biking Bonanza! Learn the basics or sharpen your skills. Play archery games and even shoot at a dinosaur while camp staff guides you in this fun program! Learn the basics of biking and take a ride on the paths through camp or challenge yourself to our off road course. All equipment is provided. Dates: Tuesday, June 23 & Wednesday, June 24; OR Wednesday, July 8 & Thursday, July 9; OR Monday, August 24 &Tuesday, August 25 Times: 1:00— 5:00 p.m. each day Grades: 3ra_8th grade Cost: $35.00 Min/Max: 5/20 Wild for Water Have fun at Camp Lakamaga by learning and doing fun water activities at our waterfront. Kayaking, canoeing, fishing and swimming with your friends or while making new friends is included in this '/� day water adventure on Big Marine Lake! All activities are taught and supervised by certified lifeguards. All equipment is provided (lifejackets, fishing gear, etc.). Dates: Tuesday, June 30; OR Wednesday, July 1; OR Thursday, August 27 Times: 1:00 p.m. — 5:00 p.m. Grades: 3ra_ 8`h grade Cost: $35.00 Min/Max: 5/20 5 Clav and Colors Explore the wonders of art at Camp Lakamaga! Water color at the lake or create something wonderful with pottery. Artistic fun will be had by all! A snack is provided. Dates: Monday, June 29, OR Tuesday, July 14, OR Wednesday, August 12 Times: 8:30 a.m. — 12:30 p.m. Grades: 4`h_ 8th grade Cost: $40.00 Min/Max: 5/20 Bugs and Critters Explore the world of nature and things that crawl around our camp! Get down on your hands and knees and get dirty while we explore to find bugs with our eyes and a magnifying glass! Find out what kinds of critters live at camp and then create your own critter to bring home with you! Dates: Tuesday, June 30; OR Monday, July 20; OR Thursday, August 20 Times: 9:30 a.m. — 12:00 p.m. Grades: 1 S`_3ra Cost: $20.00 Min/Max: 5/20 4'h of Julv Familv Camp Days: Thursday, July 2 —Sun, July 5, 2009 Times: 2:OOpm Thursday- l 0:00am Sunday All ages welcome Cost: $ 175.00/Family(up to 4); $25/additional family member Min/Max: 2/20 Enjoy some quality family time together. Leave the hassle of cooking, cleaning, or coming up with activities to us! Camp Lakamaga takes care of everything from planned activities to home cooked meals. Accommodations are in yurts, air-conditioned cabins, open-air cabins, or platform tents. All family members are welcome. EveninE Parent/Child Programs at Camp Lakamaga These are two hour programs designed to fit the busy summer schedules of parents and kids! Come out to camp and spend quality time with your son/daughter doing what you always wanted to try or do what you love to do! Co-ed program Fishing on Big Marine Lake Learn about different types of fish in our lake, different bait to use and how to hook your own bait, learn to cast and then try your hand at fishing! See if you can catch the"big one" off the camp dock! Gear and bait is provided for you. Mondays from 6:30— 8:30 p.m. June 29, July 13, July 27, August 3, August 17, August 24 Cost: $15.00/person Min/Max: 5/15 6 Canoe and Kayak on Big Marine Lake Learn the basic skills of canoeing and kayaking. Learn different strokes, entering and exiting the boats, and boat/water safety on the water and on land. Then paddle around to practice your new found skills! More advanced boaters can go further out if comfortable. Lifejackets are provided or you can provide your own. Wednesdays from 6:30— 8:30 p.m. June 24, OR July 8, OR July 22, OR August 5, OR August 19, OR August 26 Cost: $10.00/person Min/Max: 5/12 Pontoon Rides and Archery Take a relaxing evening ride around Big Marine Lake while enjoying a light snack and beverage. Enjoy quiet time with your family on the lake. Lifejackets are provided or you can provide your own. Have the chance to take aim at our archery range by learning basics of archery safety, aiming your bow, proper shooting and then have a chance to practice. Equipment is provided. Tuesdays from 6:30— 8:30 p.m. Session 1: June 23, Session 2: July 7, Session 3: July 21, Session 4: August 4, Session 5: August 18, Session 6: August 25 Cost: $30.00/person Min/Max Enrollment 5/10. Parent/Child Weekend %: dav and Full dav Programs Spend 'h a day or a full day at Camp Lakamaga doing fun camp activities like boating, archery, fishing, swimming, crafts and nature. Lunch and snack is provided for you! Co-ed program Dates: Saturday: June 6, OR June 20, OR August 22, OR August 29 Time: '/2 day: 9:OOam— 12:30 p.m. Cost: 'h day: $15/person Min/Max: 5/20 Time: Full day; 9:OOam—4:00 p.m. Full day: $30/person Min/Max: 5/20 Ages: All ages welcome(must be accompanied by an adult) Cleat Kids II (run by Scandia Park & Rec staffl Learn valuable skills and enjoy creative games with other sports minded kids. We provide children with fun activities that will inspire learning so kids will experience success when playing games. All levels of play are welcomed. Camp Lakamaga's facilities include a large playing field and basketball court. Bring your own water bottle. Dates: Tuesday and Thursday June 16th — July 1 S` Times: 10:00— 11:30 a.m. Grades: 3ra_6`h grade Cost: $45.00 Min/Max: 10/20 7 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/ar 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 its partners, including Camp Lakamaga (collectively referred to herein as "the City of Scandia"), providing this program to me and/or my family and/or legal wards, I hereby waive and release the City of Scandia, and its employees, agents and volunteers, 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 again the City of Scandia, its employees or agents. 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 any person acting on behalf of the City. This 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." 8