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Exh 3AAGENDA ITEM #3A MAY 29, 2001 May 22, 2001 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Tim SUBJECT: The following aze responses to questions and requests for additional information that were made in recent City Commission meetings. Lew Road Sidewalk; At the last Commission meeting, staff recommended, and Commission approved, the rejection of bids for the Utilities 2000 Project with the exception of the award for drainage improvements on west 13`" Street. Part of the rejection bid list included construction of a sidewakc on Levy Road. The staff report did not adequately explain why the recommendation was made to reject the portion of the bid for the Levy Road sidewalk. The price for the sidewalk work from the lowest bidder (Gruhn May) was $84,751.00. The City staff has calculated that the sidewalk can be built using the City's normal concrete repair contractor (R L Lawrence) for a total cost of $46,871.00. It is our intent to build the sidewalk using the R L Lawrence Construction Company. Skateboardin¢ Liability Law; Attached for your review is a copy of the state law relating to the liability of cities that provide skateboazding facilities. Of particular interest is Section (5)(c), which states that the governmental entity does not have liability protection in the case of; "The failure of a govermnental entity that provides a designated area for skateboazding, in-line skating,...to obtain a written consent...from the parents or legal guazdians of any child under 17 years of age before authorizing such child to participate in skateboazding..." Canoe/Kayak Launch at Tideviews Preserve; The estimate of the cost to retrofit the boat dock at the Tideviews Preserve so that it can be used for canoes and kayaks is $5,000. This amount will be added to the list of proposed recreation projects for the upcoming fiscal year 01-02 budget unless the City Commission feels it is necessary to have it installed immediately. AGENDA ITEM #3A MAY 29, 2D01 FL STS 316.0085 West's F.S.A. § 316.0085 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXTII. MOTOR VEHICLES CHAPTER 316. STATE UNIFORM TRAFFIC CONTROL Copr. ©West Group 2001. All rights reserved. Cun'ent tlu'ough End of 2000 2nd Reg. Sess. 316.0085. Skateboazding; inline skating; freestyle bicycling; definitions; liability Page 1 (1) The purpose of this section is to encourage govenmtental owners or lessees of property to make land available to the public for skateboazding, inline skating, and fi'eestyle bicycling. It is recognized that governmental owners or lessees of property have failed to make property available for such activities because of the exposure to liability from lawsuits and the prohibitive cost of insurance, if insurance can be obtained for such activities. It is also recognized that risks and dangers are inherent in these activities, which risks and dangers should be assumed by those participating in such activities. (2) As used in this section, the temt: (a) "Governmental entity" means: 1. The United States, the State of Florida, any county or municipality, or any department, agency, or other instrumentality thereof. 2. Any school boazd, special district, authority, or other entity exercising governmental authority. (b) "Inherent risk" means those dangers or conditions that aze characteristic of, intrinsic to, or an integral part of skateboarding, inline skating, and freestyle bicycling. (3) This section does not grant authority or permission for' a person to engage in skateboarding, inline skating, or freestyle bicycling on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for skateboarding, inline skating, and fi'eestyle bicycling. (4) No governmental entity or public employee shall be liable to any person who voluntarily participates in skateboarding, inline skating, or freestyle bicycling for any damage or injury to property or persons which arises out of a person's participation in such activity, and which takes place in an area designated for such activity. (5) This section does not limit liability which would otherwise exist for any of die following: (a) The failure of the governmental etrtity or public employee to guard against or warn of a dangerous condition of which a participant does not and cannot reasonably be expected to have notice. (b) An act of gross negligence by the goverxunentai entity or public employee that is the proximate cause of the injury. (c) The failure of a governmental entity that provides a designated area for skateboarding, inline skating, or freestyle bicycling to obtain the written consent, in a form acceptable to the governmental entity, from the pazents or legal guazdians of any child tinder 17 yeazs of age before authorizing such child to participate in skateboazding, inline skating, or freestyle bicycling in such designated azea, unless that child's participation is in violation of posted rules governing the hours of authorized use of the designated az'ea. Nothing in this subsection creates a duty of care or basis of tiability for death, personal injury, or damage to personal property. Nothing in this section shall be deemed to be a waiver of sovereign inununity under any circumstances. (6) Nothing in this section shat] limit the liability of aR independent concessionaire, or any person or organization other Copr. ©West 2001 No Claim to Orig. U.S. Goia. Works AGENDA ITEM #3A MAY 29, 2001 FL STS 316.0085 Page 2 than a governmental entity or public employee, whether or not the person or organization has a contractual relationship with a governmental entity to use the public property, for injuries or damages suffered in any case as a result of the operation of skateboards, inline skates, or freestyle bicycles on public property by the concessionaire, person, or organizafion. (7)(a) Any person who participates in or assists in skateboarding, inline skating, or freestyle bicycling assumes the known and unlmown inherent risks in these activities irrespective of age, and is legally responsible for al] damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, inline skating, or freestyle bicycling assumes the known and unknown inherent risks in these activifies irrespective of age, and is legally responsible For all damages, injury, or death to himself or herself which result from these activities. No governmental entity which sponsors, allows, or pemrits skateboarding, inline skating, or freestyle bicycling on its property is required to eliminate, alter, or control the inherent risks in these activities. (b) While engaged in skateboarding, inline skating, or freestyle bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following: 1. Acting within the limits of his or her ability and the purpose and design of the equipment used. 2. Maintaining control of his or her person and the equipment used. 3. Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself, or other Persons. Failure to comply with the requirements of this paragraph shall constitute negligence. (8) The fact that a governmental entity carries insurance which covers any act described in this section shall not constitute a waiver of the protections set forth in this section, regardless of the existence or limits of such coverage. CREDIT(S) 2001 Electronic Update Added by Laws 1999, c. 99-133, § I, eff. Apri120, 1999. <Genetal Materials (GM) -References, Annotations, or Tables> West's F. S. A. § 316.0085 FL ST § 316.0085 END OF DOCUMENT Copr. ®West 2001 No Claim to Orig. U.S. Govt. Works f ar :;,-~a~svd~~k"box 9„q~'+4a ~up r, ~~:~ ~rxA,>.,.r r, k