06.g Jabas Program Agreement Tai Chi Course Staff Reporta
SCANDIA
Staff Report
Date of Meeting: March 21, 2023
To: Mayor and City Council
From: Brenda "Bee" Stignani, Office Assistant
Re: Jabas Program Agreement for Tai Chi Course
Issue:
City Council passed a motion, approving offering a Tai Chi course to be offered by resident Bill
Jabas, beginning May 3, 2023, in the Community Center. A Program Agreement is now required.
Background:
212112023 Draft Minutes:
Tai Chi course Zauner reported that the PRC is recommending approval to sponsor a Tai Chi
class, taught by local resident Bill Jabas, at the Scandia Community Center. The 8-week class
will begin on May 3rd at a cost of$45 a person.
Maefsky, second by Benson, moved to approve the Tai Chi class as recommended by the
PRC. Motion carried 5-0.
Options:
1. Approve William Jabas Program Agreement as presented.
2. Approve William Jabas Program Agreement with changes.
Recommendation:
Option #1
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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 provide an eight-week Tai Chi program during the spring of 2023. The program will begin
Wednesday, May 3, 2023, and end approximately July 5, 2023, 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 209t" 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 the eight-week Tai Chi 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 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.
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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
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 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 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 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
By: Date:
William Jabas
For City of Scandia:
By: Date:
Title: Mayor
By: Date:
Title: Interim City Administrator
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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.
The class will be an 8-week experience, starting May 3, 2023, covering Tai Chi for
Health 1. Participants will learn to execute all of the various movements of Tai Chi
for Health 1 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.
Participants should wear comfortable, loose-fitting clothing and flat soled shoes.
Note: This is an 8-week class that will take place over 10 weeks because of
Instructor scheduling conflicts. No class May 10th or June 14tn
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Dr Paul Lam
Tai Chi for Health Institute
has completed the
TAI CHI for ARTHRITIS
Instructor/Leader's Training
Held on: N1 ...!` . :5,.. ?. a-.............
Location:
Authorised Master Trainer
i
Instructors must update training every two years and be Board Certified
annually. Current certified instructors are listed on the Institute's website.
I
www.taichiforhealthinstitute.org
Dr Paul Lam
Tai Chi for Health Institute
s -- 5...........................................
has completed the
TAI CHI for ARTHRITIS for FALL PREVENTION
Instructor/Leader's Training
Held on: ...' ....1` ..a-..?
Location: ...Ir..ver:'....-.are.....i+.,. V'J
Authorised Master Tr ner
Instructors must update training every two years and be Board Certified
annually. Current certified instructors are listed on the Institute's website.
www.taichiforhealthinstitute.org
Dr Paul Lam
Tai- Chi for Health Institute
has completed the
TAI CHI for ARTHRITIS PART 2
Instructor/Leader Course
Valid for Two Years
Held on: No SI aC)
Location:
aver G,re e. !-e k 5, M IJ
Authorized Master T finer
Board Certified Instructors must pay annual membership fees and complete an updated training for
applicable tai chi program(s)every two years. This Certificate constitutes proof that the biannual
training(re)certification for the referenced tai chi program has been completed effectively the date
listed herein above.All current TCHI Board Certified Instructors are listed on the Institute's website.
www.taichiforhealthinstitute.org