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7.a Staff Report Jabas 2026 Program Agreementi� TI, SCANDIA Staff Report Date of Meeting: December 1, 2025 To: Parks and Recreation Committee From: Brenda "Bee" Stignani, Office Assistant Re: Staff Report Jabas Tai Chi Program Agreement Request Issue: Should Scandia Parks and Recreation Committee submit to City Council the 2026 Jabas Program Agreement for consideration as proposed? Background: William Jabas has successfully offered various Tai Chi classes through Parks and Recreation with an annual program agreement since 2023. An annual Program Agreement allows Jabas to coordinate offering classes as defined in the agreement when his schedule and the Community Center schedule allow. Jabas has requested approving a 2026 Program Agreement. Fiscal Impact: None. As outlined in the Program Agreement, Jabas receives 80% of all registration fees and Scandia retains 20% of all registration fees for administrative costs. Options: 1. Approve recommending to City Council the 2026 Jabas Program Agreement as prepared. 2. Approve recommending to City Council the 2026 Jabas Program Agreement with amendments. Recommendation: Option 1 PROGRAM AGREEMENT City of Scandia, MN and William Jabas A. Parties This agreement is made and entered into by the City of Scandia (the "City') and William Jabas ("Jabas"). B. Purpose The purpose of this agreement is to set forth the terms and responsibilities of the parties who wish to offer Tai Chi classes until December 31, 2026. Classes will be offered as Jabas chooses based on Community Center availability, class size minimum requirements being met, and will be as described in the attachments to this agreement (Exhibit A). C. Responsibilities of Parties With respect to operation of the Tai Chi program for the City's residents, the parties will have responsibilities as follows: Jabas will: 1. Provide instruction to teach Tai Chi as described in Exhibit A. 2. Meet and greet participants at the Scandia Community Center Hall, 14727 2091" 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 Tai Chi program. 2. Register all participants and collect a $45 registration fee for the Tai Chi program. D. Sharing of Program Revenue The City shall pay to Jabas eighty percent (80%) of registration fees received by the City for the Tai Chi program covered by this agreement. Payment will be made within thirty (30) days of the conclusion of each Tai Chi class. 1 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 Jabas in performing its obligations under this agreement is subject to the requirements of the Act, and Jabas agrees to comply with the requirements of the Act as if it were a government entity. F. Liability and Insurance Jabas' 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 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 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 Jabas 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. • Jabas 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 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 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. 2 The City and ]abas agree to maintain general liability insurance in the minimum amount of $508000 per occurrence and $1,500,000 in the aggregate to insure against any liability caused by that party/s obligations under this agreement. ]abas shall name the City as an additional insured on Jabas' policy. ]abas will provide to the City a certificate of insurance verifying that the insurance policy required by this agreement is in effect (or during the dates of any class.) (NOTE —this language would only be added until the policy dates end on the last day ofthe year tocoincide with the dates ofthe agreement) Nothing contained in this agreement is intended or should be construed as creating the relationship ofpartners orjoint ventures between the City and ]abas. No rights or benefits, including workers' compensation, unemployment insurance, medical care, or other benefits available to City employees uhe|| accrue to ]abas or its agents performing services under this agreement. G. Cancellation The parties agree that this agreement may be cancelled with 30 (thirty) day/ notice by either party. H. Signatures By:24 W i I I I a m FJZ,!> For City of Scandia: Steven Kronmiller, Mayor Kyle MoreU,City Administrator Date:'�U Date: Date: Exhibit A: Tai Chi for Health at the Scandia Community Center Tai chi is an art embracing the mind, body and spirit. Originating in ancient China, tai chi is one of the most effective exercises for health of mind and body. Although an art with great depth of knowledge and skill, it can be easy to learn and soon delivers its health benefits. For many, it continues as a lifetime journey. Tai Chi for Health I and Tai Chi for Health II will be an 8- to 10-week experience, depending on the content of the class as determined by Instructor Jabas. Participants will learn to execute all of the various movements of Tai Chi for Health 1 or Tai Chi for Health II as well as the 6 principles that are incorporated into this form of Tai Chi. Each week we will focus on one or two of the movements and toward the end of the series we'll also focus on breathing/movement coordination. Tai Chi Practice will be offered for students who wish to attend for practicing movements learned from past instruction by this instructor, or similar movements taught in other community class settings by other instructors. This class would not be meant to teach new material, only practice material learned in the past. Participants should wear comfortable, loose -fitting clothing and flat soled shoes. Note: Each Tai Chi class will be 8- 10-weeks, and will be scheduled in accordance with the instructor's availability and as the reservations in the Community Center allow. Ell