06.i Approve Jabas Program Agreement for Tai Chi ClassesStaffReport
Date ofMeeting: September 19, 2023
To: Mayor andCity Council
From: Brenda “Bee” Stignani, OfficeAssistant
Re: Jabas Program Agreement forTaiChiCourse
Issue: TheScandia ParksandRecreation Committee recommend approving offering
variousTai Chiclasses instructed byWilliam Jabas until December 31, 2024.
Background: Jabascompleted asuccessful TaiChiforHealthIclassandpresented arequest to
Scandia ParksandRecreation Committee toofferTaiChiforHealth IIthisyearwithanoption to
consider expanding toTaiChipractice classes forstudents who havesuccessfully takenhis
classes, or even neighboring community classes which arethesame material. Staff
recommended consideration ofanopen-ended program agreement that would endon
December 31, 2024toallow fortheclasses Jabas requested inamore efficient manner. Jabas
couldofferclasses astheschedule oftheCommunity Center allows andwork withstaffto
communicate postings andregistrations based ontheprogram agreement.
Options:
1. Approve William Jabas Program Agreement aspresented.
2. Approve William Jabas Program Agreement withchanges.
Recommendation:
Option #1
PROGRAM AGREEMENT
CityofScandia, MNandWilliamJabas
A. Parties
This agreement is made and entered into by the City of Scandia (the “City”) andWilliam Jabas
Jabas”).
B. Purpose
The purpose of this agreement is to set forth the terms and responsibilities of theparties who
wish to offer TaiChi classes until December 31, 2024. Classes willbeoffered asJabaschooses
based onCommunity Center availability, class sizeminimum requirements beingmet, and will be
as described in the attachments tothisagreement (Exhibit A).
C. Responsibilities ofParties
With respect to operation of the TaiChi program for the City’sresidents, the parties will
have responsibilities asfollows:
Jabaswill:
1. Provide instruction toteachTaiChiasdescribed inExhibit A.
th2. Meet and greet participants atthe Scandia Community Center Hall, 14727 209Street
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 ParksandRecreation program.
5. Communicate with participants in the event of program changes during the course of
theprograms.
TheCitywill:
1. Printanddistribute program information andpromote theTaiChiprogram.
2. Register all participants and collect a $45 registration fee for the TaiChi program.
D. Sharing ofProgram Revenue
The City shall pay toJabas eighty percent (80%) of registration fees received by the City for
the TaiChi program covered by this agreement. Payment willbemade within thirty (30) days
ofthe conclusion ofeach eight-weekTaiChiprogram. DataPrivacy
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Data collected, created, received, maintained, or disseminated for use for any purpose in the
course of the City’sperformance of this agreement is governed by the Minnesota Government
DataPractices Act, Minnesota Statutes, Chapter 13 (“Act”), oranyotherapplicable state statutes
and state rules adopted toimplement the Act, as well asstate statutes and federal regulations
ondataprivacy. All data created, collected, received, stored, used, maintained, or disseminated
by Jabas in performing its obligations under this agreement is subject tothe requirements of
theAct, andJabas agrees tocomply withtherequirements of theActasifitwere agovernment
entity.
E. Liability andInsurance
Jabas’ obligation to operate the program will be relieved if anything outside of its reasonable
control prevents the facility frombeing available at the date and timescheduled for the event.
This includes such occurrences as natural disaster, fire, destruction, war, governmental order,
and quarantine, or other forces or events outside of Jabas’ reasonable control.
Jabas 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 tothe program as a safe orother protection for
them isnotavailable.
Liability for any claims, meaning all third-party claims, losses, damages, and expenses, including
attorney fees, resulting from personal injury, death, orproperty damage shall behandled in the
followingmanner:
The City and Jabas acknowledge thateach shall be responsible for any claims that arise
out of or are caused by its actions or theconduct ofits 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 orits employees, officials, volunteers, or
agents. No party isresponsible for theactions of the other party and each is only
responsible forthose tasksassigned toitinthisagreement.
Jabasagreesthatitwilldefend, indemnify, andholdharmless theCityand its employees,
officers, volunteers, and agents against any and all claims arising out of Jabas’
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 setforthinMinnesota Statutes Chapter 466or
otherwise.
Notwithstanding any other provision ofthisagreement, 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 Jabas 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
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caused by that party’s obligations under this agreement. Jabas shall name the City as an
additional insured on Jabas’ policy. Jabas will provide to theCity a certificate of insurance
verifying thattheinsurance policy required bythisagreement isineffect (orduringthedatesof
anyclass.)
Nothing contained in this agreement is intended or should be construed as creating the
relationship of partners or joint ventures between the City and Jabas. No rights or benefits,
including workers’ compensation, unemployment insurance, medical care, or other benefits
available to City employees shall accrue to Jabas or its agents performing servicesunder this
agreement.
F. Cancellation
The parties agree that this agreement may be cancelled with 30 (thirty) days’ notice by either
party.
G. Signatures
By: Date:
William Jabas
ForCityofScandia:
By: Date:
Title: Mayor
By: Date:
Title: CityAdministrator
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ExhibitA:
TaiChiforHealthattheScandiaCommunityCenter
Taichiisanartembracingthemind, bodyandspirit. OriginatinginancientChina,
taichiisoneofthemosteffectiveexercisesforhealthofmindandbody.
Althoughanartwithgreatdepthofknowledgeandskill, itcanbeeasytolearn
andsoondeliversitshealthbenefits. Formany, itcontinuesasalifetimejourney.
TaiChiforHealthIandTaiChiforHealthIIwillbean8-weekexperience,
ParticipantswilllearntoexecuteallofthevariousmovementsofTaiChifor
Health1orTaiChiforHealthIIaswellasthe6principlesthatareincorporated
intothisformofTaiChi. Eachweekwewillfocusononeortwoofthemovements
andtowardtheendoftheserieswe’llalsofocusonbreathing/movement
coordination.
TaiChiPracticewillbeofferedforstudentswhowishtoattendforpracticing
movementslearnedfrompastinstructionbythisinstructor, orsimilarmovements
taughtinothercommunityclasssettingsbyotherinstructors. Thisclasswould
notbemeanttoteachnewmaterial, onlypracticemateriallearnedinthepast.
Participantsshouldwearcomfortable, loose-fittingclothingandflatsoledshoes.
EachTaiChiclasswillbe8weeks, andwillbescheduledinaccordancewiththe
instructor’savailabilityandasthereservationsintheCommunityCenterallow.
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