4J Stadium, October 1999 Forward

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Youth Sports Parks Response to 4J proposal January 5, 2001 Page 3 understanding and agreements between 43 and City staff. 5. There have been no claims arising from the use of these facilities, and no reason to expect that we will see a lot of claims, so there is no reason to adopt a proposal which would require such a major change in our operations. As mentioned above, the City has experience working successfully with other entities, both public and private, on liability claims. 6. Under 4J's proposal the City would assume responsibility for activities outside our control, although in discussions 43 agreed that they would continue to be responsible for claims that arise from the sole negligence of 4J employees on Youth Sports Parks premises. City's Alternative Proposal - Plan B City staff came up with a proposal which would meet the goal of sharing responsibility for the risks and liabilities arising from the Youth Sports Parks. General Responsibility for Claims: ► arising from or related to maintenance activities would be the responsibility of the maintaining party. • arising from or related to supervision would be the responsibility of the supervising party. • arising from or related to scheduling or programming would be the responsibility of the scheduling or programming party. • arising from or related to the design of the facilities would be the joint responsibility of both parties; • arising from or related to the condition of the premises would be shared as follows: 4J is responsible for the athletic fields; COE is responsible for the Youth Sports Parks. The City Attorney will need to advise whether we can agree to this division of responsibility via a letter of understanding or if we need an IGA amendmen. Benefits of City Alternative - Plan B • COE and 4J would share risks associated with Youth Sports Parks; • No need to change all existing maintenance agreements;