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7.a)ii) Schwinghammer Program Agreement-Yoga STAFF REPORT Date of Meeting: May 21, 2019 To: City Council From: Judi Negus, Office Assistant Re: Schwinghammer Program Agreement Background In February 2019, the Parks and Recreation Committee conducted a program survey to evaluate community interest regarding free or low-cost recreational programs, classes, or other activities. The survey resulted in a high interest for a yoga program. Parks and Recreation Committee member Carol Schwinghammer, an experienced yoga instructor, agreed to pursue offering the program. Staff drafted a Program Agreement based on a previous agreement for instruction. The Program Agreement was reviewed by City Attorney Eric Sherburne. At the May 6, 2019 Parks and Recreation Committee meeting, the Committee recommended City Council approve offering a yoga program instructed by Schwinghammer. Issue Should the City Council approve an agreement to offer a six-week yoga program instructed by Schwinghammer? Proposal Details The Parks and Recreation Committee is proposing a yoga program that would be led by Carol Schwinghammer, an experienced yoga instructor. The class would run Monday evenings from 5:30 p.m. to 6:30 p.m. at the Community Center for six weeks at a registration cost of $42. Schwinghammer would receive 80% of the registration fees as compensation. The program would begin Monday, June 10, 2019 and end July 15, 2019. The Program Agreement and program description, as well as credentials, follow this report. Options 1. Approve Agreement with Carol Schwinghammer to instruct a yoga program. 2. Amend and then approve the Agreement with Schwinghammer to instruct a yoga program. 3. Do not offer a yoga program. Recommendation Option 1 1 PROGRAM 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 10, 2019, and end approximately July 15, 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. 2 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. 3 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 party. H. Signatures By: Date: Carol Schwinghammer For City of Scandia: By: Date: Title: Mayor By: Date: Title: City Administrator Exhibit A Lagom Yoga class series taught by Carol Schwinghammer This proposal is for a six-week yoga class, and includes a class description, the maximum and minimum number of participants, class cancellation if needed, and my credentials as a yoga instructor. Class Description This yoga class series is aimed at guiding participants through a series of gentle stretches and yoga poses, including proper breathing techniques, connecting the mind, body and breath. Participants with all levels of yoga experience are welcome. Each class lasts one hour, with approximately 45 minutes of yogic movements, ending with approximately 15 minutes of guided meditation. Number of Participants Class size should be no larger than 20 for this initial class offering, and a minimum of 5. Class Cancellation If I am unable to teach class as scheduled, I will offer a make-up session on a date and time most amenable to the majority of class participants; for example, an additional Monday evening. My Credentials I have completed the 230-hour and 500-hour Teacher Trainings at the Yoga Loft in Willmar, MN. I have taught private small group and larger community education classes, as well as guided meditation in corporate settings. Lagomi Yoga (not too little, not too much – just right) Six-Week Series on Monday evenings - $42 June 10th through July 15th, 5:30pm to 6:30pm Start your week with a gentle yoga session where everyone is welcome! We will work together to align yogic movement with your breath, treating your mind and body to a respite from internal and external stressors. Each class lasts one hour, with approximately 45 minutes of yogic movements, ending with approximately 15 minutes of guided meditation. Move and breathe in a supportive environment – no judgments; this is your time to treat yourself each Monday. Carol loves to bring peace and calm to the focused movements of yoga. Please bring a yoga mat and water bottle and wear comfortable clothes to move in! Carol Schwinghammer Carol enjoys teaching and sharing the benefits of yoga with others, creating a safe and judgment-free environment for your practice. She has taught private small group and larger community education classes, as well as guided meditation in corporate settings. She has completed the 230-hour and 500-hour Teacher Trainings at the Yoga Loft in Willmar, MN. i Lagom is a Swedish word for which there is no direct English translation ; however, it generally means just right – not too little, not too much.