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HomeMy WebLinkAboutItem 06.dNMI February 22, 2016 Item No. Agreement with Keya LLC d/b/a Keya Board Company For Stand-up Paddle Board Rentals at Antlers Park (March 7, 2016 City Council Meeting) Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Keya LLC d/b/a Keya Board Company for the rental of stand-up paddle boards at Antlers Park Overview Staff has worked with the Lakeville Convention and Visitors Bureau over the past few years to identify and bring activities to Lakeville that will enhance the quality of the park experience for residents and visitors alike. Paddle boarding was one of those activities identified during a convention and visitors bureau board retreat held in the fall of 2013. Last year the Mayor and City Council approved an agreement with Hype Surf Company, LLC to provide rental of stand-up paddle boards at Antlers Park. In 2015, 616 riders rented paddle boards at Antlers Park. Within the last few months, Hype Surf Company, LLC sold their assets to Keya Board Company which desires to continue to provide stand-up paddle board rentals at Antlers Park beach Fridays - Sundays from Memorial Day to Labor Day, and other days by appointment. In return for entering into an agreement that would allow Keya Board Company to provide stand-up paddle board lessons and rentals at Antlers Park beach, the City will receive $650.00 as a rental fee. Primary Issues to Consider • None Suyporting Information • Agreement between the City of Lakeville and Keya Board Company which includes Keya Board Company's proposal and participant waiver q6"Oz wao-,_� 40(s & Recreation Director Financial Impact: S Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Community Values: Access to a multitude of natural amenities & recreational opportunities - we value widespread access to nature, the outdoors, and recreational opportunities of all kinds AGREEMENT AGREEMENT made this 7th day of March, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and KEYA LLC d/b/a. KEYA BOARD COMPANY a Minnesota limited liability company ("Lessee"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents: A. This Agreement; and B. Lessee's Proposal: Keya Board Company - Standup Paddle Board (SUP) Rentals; Lake Marion -Antlers Park attached hereto as Exhibit "A" ("Proposal"). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "B" having the last priority. 2. LEASE. The City leases to Lessee on a non-exclusive basis property at Antlers Park on Lake Marion to use the property in accordance with the Contract Documents during the spring, summer and fall of 2016. Lessee leases the property on an "AS IS" basis. Lessee agrees to keep the property neat and orderly and to pick up litter and to prevent any waste, loss or damage to the property. 3. COMPENSATION. Lessee shall pay the City $650 as a yearly rental fee. Lessee shall make payment by June 1, 2016. 4. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Lessee shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions ofservicestobeprovided. 5. STANDARD OF CARE. Lessee shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a Lessee under similar circumstances. Vendor shall repair or replace any City property damaged by vendor, its employees, or customers. 6. INDEMNIFICATION. Lessee shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 7. INSURANCE. Lessee shall secure and maintain such insurance as will protect Lessee from claims under the Worker's Compensation Acts, automobile liability, and from claims 181383A 1 for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability Automobile Liability $1,000,000 each occurrence/aggregate $300,000 combined single limit The City shall be named as an additional insured on a primary and noncontributory basis on the commercial general liability policy. Before commencing work, Lessee shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 8. INDEPENDENT. Lessee is not an employee of the Cil), and is free to contract with others. Lessee shall be responsible for selecting the means and methods of performing the work. Lessee shall furnish any and all supplies, equipment, and incidentals necessary for Lessee's performance under this Agreement. City and Lessee agree that Lessee shall not at any time or in any manner represent that Lessee or any of Lessee's agents or employees are in any manner agents or employees of the City. Lessee shall be exclusively responsible under this Agreement for Lessee's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 9. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other parry. 10. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 11. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. 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. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 12. CONTROLLING LAW/ VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 13. COPYRIGHT. Lessee shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 14. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract requires, or Lessee desires, the use of any design, devise, material or process covered by letters, 181383A 2 patent or copyright, trademark or trade name, Lessee shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Lessee shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 15. RECORDS. Lessee shall maintain complete and accurate records of time and expense involved in the performance of services. 16. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Lessee must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Lessee pursuant to this Agreement. Lessee is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes §13.08, as if it were a government entity. In the event Lessee receives a request to release data, Lessee must immediately notify City. City will give Lessee instructions concerning the release of the data to the requesting party before the data is released. Lessee agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Lessee's officers', agents', city's, partners', employees', volunteers' or assignees' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 17. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Lessee, effective upon delivery including delivery by facsimile or email. Dated: , 2016 Dated: 5� , 2016. CITY OF LAKEVILLE M AND Matt Little, Mayor Charlene Friedges, City Clerk KEYA BOARD COMPLC Name: Title: ve! �- eSi n r 181383v1 3 EXHIBIT "A" Lessee's Proposal See Attachment 181383v1 t;Keya Board Company —Stand Up Paddleboard (SUP) r Rentals W Lake Marion—Antlers Park Y I. Introduction Keya LLC d/b/a Keya Board Company is interested in providing standup paddleboard lessons, rentable paddleboard equipment and standup paddleboard activities on Lake Marion located in Lakeville, Minnesota. Keya Board Company is a known retailer for standup paddle boards, as well as boarding gear and accessories. Standup paddle boarding is one of the fastest growing water sports/recreation activities in the world. It's new, exciting, adventurous and peaceful all at the same time, all while being very easy and fun to learn. With a strong background in water sport activities, and an owner that has been a part of the community for 15 years, we look to build a reputation as a community asset in Lakeville, Minnesota. II. Experience Mark Elliott, owner of Keya Board Company, has firsthand experience with standup paddleboard rentals, lessons, tours and sales. Mark has several years experience in standup paddle boarding and worked for Hype Surf last year at Lake Marion. Mark has years of experience in many watersports as well as: -Water safety, emergency first aid, rescue and towing techniques for both beginner and intermediate instruction -SUP laws and regulations -introductory SUP instruction -Group instruction, class management and teaching experience Ill. Operation We will offer the services of rentals and lessons/classes on an hourly basis. Within these services the standup paddle board, paddle, and lifejacket/pfd belt (with whistle) will be provided included in the rate. All guests who plan to paddle or use our equipment are required to sign our Release of Liability waiver that not only protects us but the city of Lakeville as well, parents or legal guardians are to sign a waiver for any persons under the age of eighteen. Anyone over 16 is allowed to be on the water without supervision with the signature of a parent or legal guardian. Anyone under the age of 16 is not allowed to be on the water without being chaperoned by an adult, parent, legal guardian or an instructor. Anyone is able to rent a SUP board that has had previous lessons, experience or can show that they are familiar with the activity with a minimum of a one-hour rental. Lessons will be available for those not familiar with the activity, it begins with 5-10 minutes of instruction on land teaching the proper way to pick up, walk with and put down a SUP board as well as how to hold the paddle, SUP techniques and proper water safety. In the water we will teach riders how to safely get on and off the board, go from knees and/or belly to feet, proper standing technique, paddling technique and turning the board. Safety is our number one priority, we put a lot of passion into what we do to insure all safety requirements are met all while our guests are having a great time. IV. Safety -CPR/First Aid Certified instructors -First Aid kit always on site -Lifejackets/PFD belts (with whistle) will be provided by Keya Board Company and are provided by law that any individual participating in the water activities have one -Incident Report Log on site to be filled out in the event of an accident involving injury -Local hospital: Fairview Ridges -Emergency: Call 911 -Any individuals under the influence of drugs or alcohol will not be able to participate In the activities -All boards of required size will be registered by the Department of Natural Resources and will be available to be viewed upon acceptance of this proposal V. Marketing Keya Board Company markets via social media. Within our Liability Release Waiver we include the following: By participating in or attending any Activity in connection with Keya Board Company, I CONSENT TO THE USE OF MY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same. We are very active with our presence in social media in order to drive sales our way. To increase brand recognition and the services we offer, it offers multiple channels to communicate to loyal and new customers, a place to share and receive photos, reviews and other great comments from customers. We believe that interacting with your customers regularly is a show of good faith. When people go to compliment or brag about a product or service, they turn to social media. When they post your brand name and services, new audience members will want to follow us for updates. This marketing approach fits well with the Lakeville Parks goal of increasing awareness of the parks. VI. Details We provide stand up paddleboard rentals by the hour or longer, during peak park/beach use times. Hours of operation: Friday Evenings: Spm —sunset Saturdays Slam — sunset Sundays 9am — sunset Holidays 9am - sunset Other days by appointment only Items to rent: -Standup paddleboard -Floating eyewear to wear while rental/lesson is in progress -Floating waterproof speakers We accept all major credit cards and/or cash as forms of payment. Guests will be able to make reservations and process payment online, by phone or walk up service is always available. Space set up will be a mobile trailer and EZ -up shelter that does not require any storage, simply a set up space that is on shore for the ease of the experience, meaning we want our guests to have easy access to the lake and not a hike with a 12ft standup paddle board. This is something we would unpack/pack up each day as well as clean up any trash left behind from guests. We will have retail items available for purchase such as floating eyewear, apparel for sun protection, hats, water, and other items pertaining to standup paddle boarding. A yearly rental fee of $650 will be given to the City of Lakeville, as well as our community efforts to keep the parks clean and enhance the experience of the park patrons. Keya Board Company will partner with the city to address opportunities identified by the Parks, Recreation, and Natural Resources Committee, such as multi generational appeal, a good low impact physical activity, increasing park amenities, and promoting Lakeville parks. KEYA Board Company Waiver and Release Agreement — Please read carefully. This document affects your legal rights, You must read and understand before signing. NAME OF PARTICIPANT: DATE: PHONE NUMBER: CITY: ADDRESS: STATE: ZIP: DATE OF BIRTH: j_ I I, the above-named person, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the services of Keya, LLC, d/b/a Keya Board Company (hereinafter referred to solely as "Keya Board Company) it's owners, members, officers, directors, agents, employees, volunteers and all other persons or entities acting In any capacity on its behalf, I hereby release and discharge Keya Board Company from liablllty, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows: OF RISK: Acknowledge, agree and represent that the rental, lesson and/or tour and related activities ("Activities") I am about to engage in voluntarily, bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Keya Board Company. I further acknowledge that I understand the nature of paddle sports and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation. ACCEPTANCE OF RISK AND RESPONSIBILiiY: Fully understand that (a) paddle sports and related Activities Involve risks and dangers of damage to personal property and serious bodily Injury, including permanent disabllity, paralysis, and death ("Risks") to myself and Risks to other third parties; (b) these risks and dangers :gay be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the "Releases" named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activity. HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in this Activity and agree not to sue Keya Board Company, Its instructors, employees, agents, owners, and contractors (each considered one of the "Releases" herein) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations; and I further agree that if despite this Releasees and Waiver of Liability, assumption of risk, and Indemnity agreement I, or anyone on my behalf makes a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse Keya Board Company for any damage caused to property of Keya Board Company as a result of participation in the Activity. My participation in this Activity is purely voluntary, no one is forcing me to participate, and I elect to participate In spite of the Risks. AGREE TO ASIDE by Keya Board Company's policies and agree to comply with all Instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activity without reimbursement or cancellation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activity and will be grounds for immediate removal from the Activity without reimbursement of fees paid or owed. I agree that if in judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my compliance with his/her instructions or Keya Board Company's polides that I accept responsibility for paying any associated rescue and transportation cost. By initialing, I CONSENT TO THE USE OF MY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or orovided by me for publidty, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same. My signature below Indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Keya Board Company, its agents or employees, and I myself and that It cannot be modified or changed in any way by the representation or statements of any employee or agent of Keya Board Company or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Keya Board Company. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed at Lakeville, Minnesota, and shall be constructed according to the laws of the State of Minnesota. SIGNATURE OF PARTICIPANT-, DATE: FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) PRINTED NAME OF PARENT / LEGAL GUARDIAN: ADDRESS: (STREET) (CITY) (STATE) (ZIPCODE) SIGNATURE OF PARENT OR LEGAL GUARDIAN: DATE: Rental Time Out Rental Time In KEYA Board Company EQUIPMENT RENTAL RELEASE WAIVER OF LIABILITY AND INDEMNIFICATION FORM - PADDLE BOARDING I understand and agree to the following: - Life preservers must be worn at all times, by all persons. - I am responsible for my personal safety and that of anyone under my supervision. I AGREE TO NOT LEAVE MY CHILDREN OR ADULTS REQUIRING SUPERVISION UNATTENDED. - Paddle boards and all my equipment must be returned by Late returns will be charged extra accordingly. - No more than ONE. person per paddle board. - Security of the board and its equipment is my responsibility. I will be charged for any loss or damage incurred. - Minimum rental charge is one hour If the person renting this equipment is under eighteen (18) years of age, then a parent or guardian must sign the form on behalf of the minor, acknowledging that the parent and/or guardian shall be responsible for the below -named minor and agrees to the above terms on behalf of the minor named below. PRINT NAME OF MINOR: SIGNATURE: DATE: Rental Paddle Board(s) Floating Sunglasses Floating Phone Speaker Total