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5.e) Staff Report-Program Agreement with Girl Scouts of MN and WI River Valleys for Summer Rec Programs �:,.. � �� "'+.. ,���,�,,.rt �� �'; �{� "'� � _. �� ��n � ��� �� Staff Report Date of Meeting: April 16, 2013 To: City Council From: Kristina Handt, City Administrator Re: Program Agreement with Girl Scouts of MN and WI River Valleys for Summer Rec Programs Agenda Item #: S.e) Background: Since 2007, the City has partnered with the Girl Scouts of the Minnesota and Wisconsin River Valleys to offer summer recreation programs at Camp Lakamaga on Big Marine Lake. The summer rec brochure went out with the spring newsletter the first week in April and has been posted on the City's website. Issue: Is the attached a�reement with the Girl Scouts for summer rec programs acceptable? Proposal Detaits: A copy of the agreement is included in your packet. This is the same agreement format that was used last year with updated dates. It has been signed by the Girl Scouts Chief Operating Officer. Fiscal Impact: 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. Last year, the program generated over $8,000, more than $1,500 of which the City retained. Options: 1) Approve the Program A�reement with the Girl Scouts. 2) Amend and then appcove the Program Agreement with the Girl Scouts. 3) Take no action at this time. Recommendation: Option 1. PROGRAM 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 2013. The programs will begin June 17, 2013, and end August 16, 2013, 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 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. 1 i ' � I I 3. Update Camp Lakamaga staff on a weekly basis on number of City participants !I registered for programs except for Thursday Discovery Day program, as to which I 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 � i In consideration of this agreement, the City shall pay to River Valleys eighty percent (80%) of i registration fees received by the City for all programs 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 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 j 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 i Act as if it were a government entity. ` �` F. Liability and Insurance f � 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 I date and time scheduled for the event. This includes such occurrences as natural disaster, fire, i destruction,war, governmental order and quarantine, or other forces or events outside of River i Valleys' reasonable control. � I 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 i 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 I following manner: i • 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, 2 . , � i � 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 I 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. I • 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 Valteys. 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. 3 i � I H. Signatures � For Girl Scouts of Minnesota and Wisconsin River Valleys: I I — I By: � Title: ��� i �l i Date: "7 ` � " �U/�- � � � � For City of Scandia: j I � t By: I Title: i � Date: � i I i � i , i I 4 � I i i . � I � Exhibit A to Program Agreement i City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys j � i � 4 1 Outdoor Explorers Dav Camp � Grades: 1-5 � I 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 i and more!Campers are provided lunch and snacks each day. Min/Max Enrollment 5/20 ` Time: 8:30am-S:OOpm Cost: $140 Lakamaga 80%=$112 Dates: June 24-June 28 Deadline: June 14 July 22-July 26 Deadline: July 12 August 12-August 16 Deadline: August 2 Junior Explorers Dav Camp Grades: K-3 I Description: Not ready to spend the whole day at camp?Then join us for a fun-filled half-day i 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! I Min/Max Enrollment 5/10 Time: 8:30am-Noon Cost: $65 Lakamaga 80�0=$52 Dates: lune 24-June 28 Deadline: June 14 July 22-luly 26 Deadline: July 12 August 12-August 16 Deadline: August 2 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:OOam-11:OOam ( Cost: $12 Lakamaga 80%_$9.60 Dates: July 8 and July 10 Deadline: June 28 Cleat Kids Ages: 4-6 Description: Try your hand at a variety of sports at the Community Center! Multiple sports � will be offered during these high energy sessions.The 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! • , I . Min/Max Enrollment 5/15 Time: 9:30am-11:OOam Cost: $45 Lakamaga 80%=$36 � Dates: lune 17—June 20 Deadline: June 7 ! August 5-August 8 Deadline: July 26 ! I 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 i 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:OOam-11:OOam I Cost: $12 Lakamaga 80%=$9.60 Dates: July 30 and August 1 Deadline: July 19 � I Art Adventurer Grades: 1-4 Description: 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 i 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 Time: 9:OOam-11:OOam � Cost: $50 Lakamaga 80%_$40 Dates: July 9 July 10 Deadline: June 21 Water Bonanza (NEW) Grades: 2-5 Description: Are you a water lover?Come and experience the great waters of Big Marine Lake from Camp Lakamaga where our staff will guide you through the basics and safety of canoeing, kayaking and swimming.You will also get the chance to delve into some fishing as you learn how to bait a hook and catch some fish! It is an opportunity too good to miss! Min/Max Enrollment 5/25 Time: 9:OOam-11:30am � Cost: $15 Lakamaga 80�0=$12 i Dates: July 29 and July 31 Deadline: July 19 ' I � .� , . � i � � � � Exhibit B to Program Agreement � i City of Scandia, MN and Girl Scouts of Minnesota and Wisconsin River Valleys � i Participant Release and Waiver � I Program participants shall be required to sign a waiver as follows: i "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 shal) 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 I 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." � ' i � I a I I