7.b) 2019 Schwinghammer Program AgreementPROGRAM AGREEMENT
City of Scandia, MN and Carol Schwinghammer
A. Parties
This agreement is made and entered into by the City of Scandia (the "City") and Carol
Schwinghammer ("Schwinghammer").
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 Yoga program during the summer of 2019. The programs will begin
Monday, June 3, 2019, and end approximately July 8, 2019, and will be as described in the
attachments to this agreement (Exhibit A).
C. Responsibilities of Parties
With respect to operation of the Yoga program for the City's residents, the parties will have
responsibilities as follows:
Schwinghammer will:
1. Provide instruction to teach Yoga as described in Exhibit A.
2. Meet and greet participants at the Scandia Community Center hall, 14727 209th Street
North, Scandia, MN.
3. Provide basic first aid/emergency care and contact 911 in emergencies as
needed.
4. Provide evaluation forms to all participants and share written results with the City of
Scandia Parks and Recreation program.
5. Communicate with participants in the event of program changes during the course of
the programs.
The City will:
1. Print and distribute program information and promote the Yoga program.
2. Register all participants and collect a $42 registration fee for the Yoga program.
D. Sharing of Program Revenue
The City shall pay to Schwinghammer eighty percent (80%) of registration fees received by
the City for the Yoga program covered by this agreement. Payment will be made within
thirty (30) days of the conclusion of the six-week Yoga program.
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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 Schwinghammer in performing its obligations under this agreement is subject
to the requirements of the Act, and Schwinghammer agrees to comply with the requirements of
the Act as if it were a government entity.
F. Liability and Insurance
Schwinghammer's obligation to operate the program 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 Schwinghammer's
reasonable control.
Schwinghammer does not assume any responsibility or liability for damages to or loss of any
personal property brought to the program by the City or 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 Schwinghammer acknowledge that each shall be responsible for any claims
that arise out of or are caused by its actions or the conduct of 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,
volunteers, or agents. No party is responsible for the actions of the other party and
each is only responsible for those tasks assigned to it in this agreement.
• Schwinghammer 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
Schwinghammer's 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.
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The City and Schwinghammer 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. Schwinghammer shall name
the City as an additional insured on Schwinghammer's policy. Schwinghammer 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 partners or joint ventures between the City and Schwinghammer. No rights or
benefits, including workers' compensation, unemployment insurance, medical care, or other
benefits available to City employees shall accrue to Schwinghammer 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
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Carol Schwinghammer
For City of Scandia:
By:
Title: Mayor
M
Title: City Administrator
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Date:
Date:
Date: