Youth Sports Park User Committee

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Memo to Jim Johnson 4J Youth Sports Parks Options August 16, 2001 Page 3 Ownership: The IGA specifies that 4J owns the facilities on District property and the City owns the facilities on City property. (The Cal Young skate park and the Churchill Youth Sports Park are located entirely on School District 4J property. Many of the park features at the Sheldon Youth Sports Park iron city property, including the restrooms, basketball court, playground and performance area.) Project Management: The IGA specified that the District was responsible for managing the development and construction of the YSPs and artificial surface fields in consultation with the city. Maintenance: The IGA specifies that the entities have joint responsibility for maintenance as outlined in a separate maintenance agreement and that the cost of providing maintenance will be shared based on usage (community vs school district). The maintenance agreement developed by the City and 4J provides that duties are assigned by function, not location. (Example: Mowing and custodial services are 4J responsibilities, over seeding and irrigation are City responsibilities. The maintenance responsibilities are attached.) Indemnification: The indemnification language is standard language, with each entity indemnifying the other for claims arising from their actions or failure to act. It is similar to the indemnification language used in other IGAs with 4J and to that used in city contracts. Insurance: The insurance provision is standard with each entity being responsible for providing property and liability insurance for their properties included in the agreement. Previous proposal: David Brewer's letter follows a proposal from 4J to HRRS last fall that the City assume all liability for claims arising out of the Youth Sports Parks, including those arising from the actions of 4J employees, in return for the District assuming all liability for claims arising from the athletic fields. After considerable internal review and discussion involving the Risk Services, the City Attorney, PW and LRCS staff, the City rejected this proposal but offered to assume liability for all claims occurring at the Youth Sports Parks if the claim did not arise from the District's negligent or intentional acts or failure to act ( "premises liability" claims which would otherwise be the responsibility of 4J as the property owner). Staff discussions focused primarily on the potential impact of this proposal on the joint maintenance agreement, the City's assumption of responsibility for the actions /failure to act of 4J employees and extension of credit. Designation as City Park: Almost immediately after the skate parks were opened the City began receiving complaints about violations of the skate park rules. Various city and 4J staff met repeatedly to discuss how to enforce the skate park rules. David Brewer's April 4 letter states that there was an agreement between the City and 4J that the Youth Sports parks would be designated city parks and attached e -mails dated September 26, 2000 documenting a meeting where this was discussed. Shortly after this September meeting Bill Hirsh sent City staff a proposed amendment to the IGA which specified that the certain YSP "components" would be "operated as City Parks, subject to City Parks regulations that are not in conflict with this IGA ". The amendment covered YSP park features at Churchill and the entire YSP at Cal Young Middle School, but not Sheldon, which is primarily on City property. (Attached) The September discussion was interpreted differently by City staff who attended the meeting. In an e- mail from Jim Carlson to Glenn Klein, dated October 5, 2000 (attached) Jim said "One of the suggestions made in a meeting involving the Mayor, City staff and 4J staff was to investigate the