Playing Smart changelabsolutions.org | kaboom.org 16 Checklist Agree upon the scope of the agreement. Which facilities on each property should be included in the agreement? Will other organizations (“third parties”) be allowed to operate programs at these facilities? Will city properties also be open to school use? Should scheduling be consolidated for multiple facilities? These are some of the issues to consider and resolve when establishing the scope of the agreement. Inspect proposed facilities. Both parties should examine the facilities together to establish and document the baseline conditions. Identify and reach agreement on issues involving use. All parties need to agree on operational and management issues, including: Which users have priority access for different facilities (i.e., the earliest opportunity to reserve the facility) Which entity will be responsible for scheduling use, and how changes/cancellations will be accommodated Whether and what type of security is needed, and which employees will need access Who is responsible for providing equipment, and where the equipment will be stored if needed; how the storage area will be secured, and who will have access to it The type of supervision necessary for the way the property is going to be used, and which party will be responsible for providing supervision The type of custodial services and equipment needed (e.g., trash containers), and who is responsible for providing it Whether to allow access to existing toilet facilities, and who is responsible for maintenance; whether portable/temporary facilities are needed, and who is responsible for providing them Whether to provide access to parking facilities Who is responsible for regular property maintenance, and which party will provide any additional maintenance if needed The manner and frequency for inspecting properties, and the protocol for notifying designated employees of damage (including whom to contact, by what means, and deadlines for contacting and responding) The method and responsibility for repairing property, the method for calculating the repair costs, and how to allocate those costs Work with risk management and legal counsel throughout the process of negotiating and drafting the agreement. Allocate liability risk, and determine whether and what type of indemnification to require. Determine the types and amounts of insurance to require (consistent with legal and risk management requirements) and the types of documentation to exchange or require. Ensure the agreement is consistent with existing state and local law and regulations, permitting procedures (amending if necessary), and fee procedures or structure (amending if necessary). Identify and resolve employment issues. Extending the facilities’ hours of operation likely means both the school district and the city will require some of their employees to work additional time. Consult with legal counsel to resolve any employment-related issues by, for instance, amending labor agreements or determining whether some of these duties can be covered by volunteers.
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