7.a 1a Staff Report-Herman Agreement� L
SCANDIA
Staff Report
Date of Meeting: October 18, 2016
To: City Council
From: Judi Negus, Office Assistant
Re: Kathryn Herman Program Agreement
Background:
For the past three winter seasons, the Parks and Recreation Committee offered a Learn to Skate
program. The program was successfully run by Kathryn Herman, who received 80 percent of the
registration fees. The cost of the class was $59 for the six-week program and had 30
registrations last year. Herman would like to offer the Learn to Skate program again this year.
Issue:
Should the City Council approve an agreement to offer the Learn to Skate Program for the 2017
season with 80 percent of the registration fees to go to Herman?
Proposal Details:
The Parks and Recreation Committee is proposing a structured Learn to Skate Program that
would be taught by Herman, the Skating Director of Cutting Edge Skating Association. The
class would run the same time as last year's program, from 3:45 p.m. to 5 p.m., one day a week
for six weeks at the same cost as last year of $59. Herman would receive 80 percent of the
registration fees as compensation.
Herman is the Skating Director of Cutting Edge Skating Association in Forest Lake. Herman
also coaches the CESA's figure skating club and their Learn to Skate program. Herman is a
member of the ISI, and has completed concussion training required by the State of Minnesota for
all coaching staff.
A copy of the proposed agreement between Herman and the City was modeled after last year's
agreement and is included in your meeting materials.
Options:
1. Approve Agreement with Kathryn Herman for the Learn to Skate program.
2. Amend and then approve the Agreement with Kathryn Herman for the skating program.
3. Do not offer the skating program.
Recommendation:
Option 1.
PROGRAM AGREEMENT
City of Scandia, MN and Kathryn Herman
A. Parties
This agreement is made and entered into by the City of Scandia (hereinafter referred to as
"City") and Kathryn Herman (hereinafter referred to as "Herman.")
B. Purpose
The purpose of this agreement is to set forth the terms and responsibilities of the parties who
wish to provide a six-week Learn to Skate program during the winter of 2017. The programs
will begin Wednesday, January 4, 2017 and end approximately February 8, 2017, and will be as
described in the attachments to this agreement (Exhibit A).
C. Responsibilities of Parties
With respect to operation of the Learn to Skate program for the City's residents, the parties will
have responsibilities as follows:
Herman will:
1. Provide instruction to teach recreational skating to children of different abilities as
described in Exhibit A.
2. Meet and greet participants at the Wojtowicz Skating Park and answer parent
questions.
3. Provide basic first aid/emergency care and/or contact 911 in emergencies as
needed.
4. Communicate with City staff regarding any behavior or discipline issues.
5. 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 program information and promote the Learn to Skate program.
2. Register all participants and collect a $59 registration fee for the Learn to Skate
program, as to which Herman will receive 80 percent compensation ($47.20) per
registration.
3. Inform Herman of any program changes.
4. Communicate with parents in the event of program changes or if behavior or discipline
issues arise during the course of the programs.
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D. Sharing of Program Revenue
In consideration of this agreement, the City shall pay to Herman eighty percent (80%) of
registration fees received by the City for the Learn to Skate program covered by this agreement.
Payment will be made within thirty (30) days of the conclusion of the six-week Learn to Skate
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
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 Herman in performing its obligations under this agreement is subject to the
requirements of the Act and Herman agrees to comply with the requirements of the Act as if it
were a government entity.
F. Liability and Insurance
Herman's obligation to 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 Herman's reasonable
control.
Herman does not assume any responsibility or liability for damages to or loss of any personal
property brought to the program by the City or City program participants. Staff and
participants will be encouraged not to bring valuables to the program 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 Herman 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.
Herman 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
Herman's performance or failure to perform its obligations pursuant to this agreement.
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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 Herman 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. Herman shall name the City as an additional
insured on Herman's policy. Herman will provide to the City a certificate of insurance verifying
that the insurance policy required by this agreement is 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 Herman. No rights or
benefits, including workers' compensation, unemployment insurance, medical care, or other
benefits available to City employees shall accrue to Herman 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
pa rty.
H. Signatures
22
Kathryn Herman
For City of Scandia:
M
Title: Manor
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Date:
Date:
Exhibit A
Learn to Skate program taught by Kathryn Herman
Working with the current proposed time frame of 3:45-5:00 p.m., one day a week for a six-week
program, I've laid out descriptions for the program and class plan, the maximum and minimum number
of children, rescheduling in case of class cancellation, and my credentials as a coach.
The Learn to Skate program is structured to teach recreational skating to children of different abilities.
The children will be divided into two different groups, according to their skills, each class lasting 30
minutes. The group not having its lesson would have access to supervised open skating. The beginner's
class would start at 4:00 p.m., the novice class at 4:30 p.m. The Learn to Skate program, for this session,
is directed at children who have little or infrequent skating experience. Depending on the success and
interest in the program, more advanced levels can be incorporated into other sessions.
The skills to be taught in the Learn to Skate program are the elements of testing created by the ISI (Ice
Skating Institute) and used by Cutting Edge Skating Association in Forest Lake. The beginner skaters for
Scandia's Learn to Skate will learn techniques for falling safely, forward march and forward skate, 2 foot
and 1 foot glides, forward swizzles, backward wiggle, backward swizzles and 2 foot snowplow stop.
Depending on the abilities of the beginner group, forward stroking, forward crossovers and 1 foot
snowplows stops may be introduced. The novice group would work on backward stroking, back
crossovers, t -stops and/or hockey stops, and mohawks (a forward to backward maneuver).
Class sizes should be no larger than 15 kids per class and a minimum of 5. 1 will have an assistant if there
are more than 7 children in a class.
If possible, cancellations due to inclement weather or poor ice conditions will be added onto the
schedule as additional weeks rather than trying to fit in more than one class a week.
A six-week Learn to Skate session of 30 -minute lessons and 30 -minute supervised open skate would be
$59 for the session.
With the program having a maximum number of 30 children, I believe that the Learn to Skate program,
lessons and open skate, could be contained entirely within the hockey rink. This would leave the open
rink area available for a lesson -free open skate option.
My credentials: I am the Skating Director of Cutting Edge Skating Association in Forest Lake. I also coach
for the CESA's figure skating club and their Learn to Skate program. I am a member of the ISI, and have
completed the CDC's concussion training required by the state of Minnesota for all coaching staff.
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