5.h Staff Report Schwinghammer Yoga Program Agreement
STAFF REPORT
Date of Meeting: February 18, 2020
To: City Council
From: Brenda “Bee” Stignani, Office Assistant
Re: Schwinghammer Program Agreement
Background
Parks and Recreation Committee member Carol Schwinghammer, an experienced yoga
instructor, offered 4 Lagom Yoga 6-week sessions between June 2019 and January 2020.
Schwinghammer would like to continue offering this successful course in the current year. Staff
has prepared a new 2020 Program Agreement, based on the original document, which has been
reviewed by the City Administrator, Ken Cammilleri.
Issue
Should the City Council approve this new agreement and continue to offer these successful six-
week yoga courses instructed by Schwinghammer?
Proposal Details
In 2019 the Parks and Recreation Committee offered a yoga program, led by Carol
Schwinghammer, and would like to continue. The class would continue on Monday evenings from
5:30 p.m. to 6:30 p.m. at the Community Center for six-week sessions at a registration cost of
$42. Drop in participants would be invited to attend for a $8 per class fee. Schwinghammer
would receive 80% of the registration fees as compensation.
The Program Agreement and program description, as well as credentials, follow this report.
Options
1. Approve Agreement to continue Carol Schwinghammer to instruct in 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
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PROGRAM AGREEMENT
City of Scandia, MN and Carol Schwinghammer
A. Parties
This agreement is made and entered into by the City of Scandia (hereinafter referred to as
“City”) and Carol Schwinghammer (hereinafter referred to as “Schwinghammer.”)
B. Purpose
The purpose of this agreement is to set forth the terms and responsibilities of the parties who
wish to provide six-week Yoga programs during 2020. The actual program dates will be
arranged between Schwinghammer and the City Administrator, 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/or 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.
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 full 6-week Yoga
program or $8 per class for drop in registrations, as to which Schwinghammer will receive 80
percent compensation ($33.60) per registration.
D. Sharing of Program Revenue
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In consideration of this agreement, 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.
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 a s 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 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 Schwinghammer 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, volunteers, 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.
• 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.
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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 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 co-partners or joint ventures between the City and Schwinghammer. No rights
or benefits, including workers’ compensation, unemplo yment 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. If there is a continuous six-week period during which there are no participants, the
Program Agreement shall automatically terminate.
H. Signatures
By: Date:
Carol Schwinghammer
For City of Scandia:
By: Date:
Title: Mayor
By: __________________________________________ Date: ______________
Title: _City Administrator__________________________
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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.
5
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.