HomeMy WebLinkAboutC15-424 Flying Eagle Disc Golf FEDSAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE FLYING EAGLE DISC SOCIETY ,.tr ' I THIS AGREEMENT ("Agreement") is effective as of this 4" aay of fVAAqB{L 2015 by and between the Flying Eagle Disc Society, a local disc golf club providing stewardship services (hereinafter "FEDS") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County is the owner of property known as the Eagle County Fairgrounds [the "Property"); and WHEREAS, in the 1990's the Western Eagle County Metropolitan District installed a disc- golf course on the Property, often referred to as the Eagle County Fairgrounds Disc-Golf Course [the Course and its components, including all existing or replacement equipment will hereinafter be referred to collectively as the "Course"); and WHEREAS, in 2012, the County determined that the layout and equipment components of the Course should be improved; WHEREAS, WECMRD gave the equipment to Eagle County Government to modiff or improve, at Eagle County's discretion; and WHEREAS, the County published an advertisement seeking a third party to provide disc- golf club management of the equipment and the Course; and WHEREAS, FEDS is a local disc-golf club founded in 2010 for the purpose of representing its members' collective disc golf interests; and WHEREAS, FEDS responded to the County advertisement and its members have since provided hundreds of volunteer hours in the planning, development and re-layout of the Course and to replace certain components and equipment; and WHEREAS, FEDS desires to work with Eagle County Government to continue to promote public use of the Course and to continue to assist in the maintenance of the Course; and WHEREAS, this Agreement shall govern the relationship between FEDS and the County in connection with the use, maintenance and ownership of the Course and its components, TO rOFIM funtf,:rtr,nuf s-fttic.J-- AP [ry llio/: -.-----.- - .-.-a--' !,:qOlr Cnlrntv C,amlelSSili.tle' rJrnc'lC15-424 AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises FEDS and County agree as follows: 1. The Course FEDS acknowledges and agrees that the Course is property of the County and that the County shall at all times retain full and sole discretion with respect to the use and management of the Course as it deems appropriate. FEDS acknowledges that its use of the Course, as contemplated hereunder, is not exclusive and that FEDS shall have no ownership or leasehold or other property interest in the Course, nor shall the FEDS have any implied or express authority to exclude any user from the Course or take any action affecting the Course that is not expressly authorized by this Agreement. 2. FEDS Volunteer Work FEDS members will be allowed to volunteer their time to improve the Course to the extent and for the express purposes pre-authorized by the County. FEDS must seek approval and coordinate all scheduled course work with County Facilities Management staff prior to commencement of volunteer services. FEDS volunteers may be authorized to perform Course maintenance work directly related to wear and tear caused by course usage, including: a. Baskets, kiosk, tee pads, tee signs and other structures will be maintained in safe, operable repair and visually aesthetic appearance; b. Weeds trimmed around the Course equipment; c. Trash pick up; d. Notify Eagle County of any unsafe natural or manmade conditions; e. Mark equipment elements so that they are easily identified during months of snow cover; and f. Other services as mutually deemed appropriate and necessary by County and FEDS. No equipment will be added by FEDS or other work performed at the Course without prior approval from Eagle County. 3. Course Kiosk Eagle County Government staff purchased materials for a kiosk messaging board that was built and installed by FEDS volunteers. The purpose of the kiosk board is to post communications about the Course. FEDS may maintain messaging in the kiosk that is consistent with the following guidelines. The kiosk may include: a. Course map; b, Expectations for good citizenship; c. Information about stewardship; d. Education about riparian environment and Eagle County's culture; e. Course etiquette; f. Instruction that users should pack-in pack-out all trash; g. Advertisements about upcoming FEDs Tournaments; and h. Any other communication must be pre-approved by Eagle County Government before it will be allowed on the Course and/or at the kiosk. 4. Volunteer Waiver All FEDS volunteers must sign a release and waiver prior to performing any work at the Course. The waiver form required by the County is attached hereto as Exhibit A. FEDS must maintain a signed copy of the waiver for each FEDS member or other volunteer performing services at the Course at all times during the term of this agreement and for a period of two years thereafter. The undersigned representative for FEDS agree to deliver to the County signed waivers for each FEDS volunteer prior to the commencement of any volunteer work by any FEDS volunteer at the Course. The obligation to maintain such waivers shall survive expiration or early termination of this Agreement. 5. Tournaments a. FEDS may use Course, at no cost, for official disc-golf tournaments organized by FEDS on dates pre-approved by the County. FEDS will coordinate schedules with the County and receive authorization prior to advertising a tournament on the Course. b. During tournaments, no additional use of County facilities will be allowed by FEDS members or other uses, unless prior arrangement is made with the County for such use. FEDS acknowledges that use of other County facilities may require payment of a fee. FEDS may determine to collect a predetermined fee from players participating in a tournament FEDS organizes at the Course. FEDS acknowledges and agrees that any such fees will be for participation in the tournament and not for use of the Course. Funds collected by FEDS for tournament play may be held and used by FEDS as FEDS deems appropriate. Each participant in a FEDS-organized tournament must sign the participant waiver attached hereto as Exhibit B. FEDS must maintain a signed copy of the waiver for each tournament participant Course at all times during the term of this agreement and for a period of two years after the date of the tournament. The undersigned representative for FEDS agree to deliver to the County signed participant waivers within seven (7) days of d. the date of the tournament. The obligation to maintain such waivers shall survive expiration or early termination of this Agreement. 6. Course Improvements and Funding Requests a. An annual site evaluation will be conducted between Eagle County Government and FEDS prior to renewal, to assess condition and discuss plans for course maintenance and improvements for the season. b. FEDS may from time to time submit to Eagle County funding requests for new equipment or Course upgrades. Eagle County may, at its sole discretion, decide to fund or not fund such requests in accordance with its budget authority under the Local Government Budget Law (C.R.S. 29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). The Parties expressly agree that nothing contained in this Agreement shall be construed as creating any right to funding Course improvements or entitlement to compensation by FEDS or its members. c. If course must be removed from Fairgrounds completely, FEDS will have the first right to purchase course equipment identified in the attached Exhibit C for a mutually agreed upon market value. 7. County's Representative. The Facilities Management Department's designee shall be the representative or contact with respect to this Agreement, performance of volunteer services or scheduling of tournaments at the Course. 8. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions ofparagraph 11 hereof, shall continue in full force and effect through the 1st day of April, 2016. This Agreement shall automatically renew for renewal terms of one year, until otherwise terminated in accordance with the provisions of paragraph I l. 9. Indemnification. FEDS shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by FEDS; and FEDS shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of FEDS. This paragraph shall survive expiration or termination hereof. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention : Facilities Manasement 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8889 Facsimile: 97 0 -328 -8899 E-Mail : facilities @ eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us FEDS: Steve Klefoth President, Flying Eagle Disc Society kla), @ fl vin geagledisc.com 608-695-0121 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor upon written notice to FEDS. 12. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. a This Agreementconstinrtes anagr@meDtforperformanceof thevolrmteerservicesby FEDS members as voluntcers, "fo not "" employ"es orcontmctols of Cornty. Nothing contained in this Agreement "t n Ue aeemed to create a relatiouship of employer- employee,.*Li"*rant, paitn€rSip, jointvenUrreor atry other relatignship between Cdrrti and a FEDS menilr or the ftDS association excePt that of volunter. FEDS memb€rs shallhave no authoity tobindComty' b. FEDS rq)resents md warrants that at all time.s in the performaace of tle vohmteer services, FEDS members shall comply with any and fu atrplicable I'aws' codes' nrles and regulations. c. This Agreem€il contahs the entire agrcement b€trveen the parties wi& rcspect to the subject matter hereof and srperseOes att other agroements c undcrstanding between the pafiies with resPect tbereo. d. FEDS shall not assign any prtion of this Agroenent withort &e prior wriren consent of the County. e"v iienpi 6 assigr this Agreement without srch consent shall bc void' e. This Agreemc,ut shalt be binding upon and shall inure to tbe benefit of tbe pdtias hereto atrd tb€irrespecdv; p"r.itt"a ulSior and sucoessors in int€mso Enforcement of this Agreement *a "ff tigO and ogifrtions here'der are rcserved solely for the prties, and not to any third PatY- f. No failure qr delay by eithcrparty in the exercisc of any rigbt herennder shall constinrte a waiverthereof. tio*3i"eroiaoiuteacnshallbede€medawaiverofanyproccdingor succoeding breach. g. The invalidiry, illegality or unenforceatrility of any lnovision of this Agroement shall not affect ths validity Jr e*ore.ability of aoy othcr provision hereof. INwlTNEssWHEREoRthepaftieshaveexecutedthisAgreementthedayandyeafirstset forth above. COIJNTY OF EAGLE, STATB OF COLORADO' By and By: B hintName: IST€=E) \L(E+lrF-Ff fiUe: ?n'Fts6-f -. 1Alra =5Vd Sl.UEdS NVSII^]UVI-d 6F T89Z6Al6 9E:68 EIBTlAElET EXHIBIT A - VOLUNTEER WATVER AII FEDS MEMBERS AND OTHER COURSE VOLUNTEERS MUST SIGN BEFORE PERFORMING VOLUNTEER SERVICES , as a volunteer for Eagle County (the "County"), do hereby and forever release and discharge the County, its officials, boards, officers, principals and employees from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which the County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, my participation as a FEDS or County volunteer. o I fully understand and agree to provide my services to FEDS and the County as a volunteer in a volunteer capacity. . I fully understand and agree that neither FEDS nor the County will not provide or pay for medical treatment for injuries that occur within the scope and course of my volunteer activities. I fully understand that a volunteer, I do not work for the County as an employee, therefore, I am not entitled to workers' compensation benefits and the County cannot provide lost wages or permanent disability benefits for my regular employment. o I fully understand and agree that if I use my personal vehicle while conducting volunteer FEDS or County business, my personal automobile insurance is my responsibility and primary to any other insurance that may exist. o I fully understand and agree that if I use any of my personal property while conducting volunteer County business, the County will not provide insurance coverage or be finically responsible should damage or loss occur. o I understand that volunteerism is a privilege, not a right, and that my ability to volunteer for Eagle County may be revoked for failure to comply with directives of Eagle County staff, the requirements of the Agreement between FEDS and Eagle County or for failure to comply with applicable codes, laws or regulations. By signing this form, I certify that I am 18 years of age or older, that I am aware of and understand the nature of the County volunteer services and the participation requirements and conditions and agree to the above statements. (If under 18 years of age, this Agreement must also be executed by a parent or guardian). Signature Date Printed Name (Parent or guardian signature) (Printed name) EXHIBIT B - PARTICIPANT WATVER AII FEDS TOURNAMENT PARTICIPANTS MUST SIGN In consideration of my participation in the disc-golf tournament at the Eagle County Fairgrounds, I acknowledge and agree to the following: Acknowledgement and Release. I acknowledge that this disc-golf tournament is not administered, managed, sponsored or supervised by Eagle County. I acknowledge that the Fairgrounds Disc Course (the "Course") contains many natural conditions that could be hazardous or difficult to navigate, including uneven surfaces, rain or snow accumulation, variations in terrain, natural vegetation growth, rocks and debris, marked and unmarked obstacles, encounters with wildlife, adverse weather conditions. I agree to use caution and good judgment while traversing the course. In consideration of my participation in this toumament and related use of the Course, I, my personal and legal representatives, heirs, successors and next of kin shall forever release, waive, discharge, relinquish and indemnify Eagle County from any and all causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person in any way connected to, related to, or arising out of my use ofthe Course, regardless of the cause. I understand that this is a full and final release of all claims of every nature and kind whatsoever, whether known or unknown. I agree that this Acknowledgement and Release is intended to be as broad and inclusive as permitted by the laws of the State of Colorado, and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. By signing this form, I certify that I am l8 years of age or older, that I am aware of and understand the nature of the Acknowledgment and Release. (If under 18 years of age, this Agreement must also be executed by a parent or guardian). Signature Printed Name (Parent or guardian signature) (Printed name) Date Exhibit C EAGLE COUNTY FAIRGROUNDS DISC GOLF COURSE Existing (E) and Future Planned (FP)Equipment Elements Basket Assemblies o E - Basket (pole, collar, cage, chains, top ring, hardware) o E-Groundsleeve o E-Lock o FP - Flag o Kiosk o E - Main Structure and hardware o FP - Registration box o FP - Course map/scorecard holder Tee Signs o FP - Pole o FP - Sign panel o FP - Hardware Tee Boxes o FP - Concrete structure used to designate a tee area Miscellaneous o E - "Next Tee" signs o On property informational signage r FP - "Entering Disc Golf Area" r FP - Educational/environmental signage o Out-of-boundsmarking t E I FP - Stakes/hardware t EIFP-Rope/string t E IFP - Other non-natural materials o Any non-natural structure used to enhance a basket area- E I FP o Any non-natural structure used to enhance a tee area - FP o Any non-natural structure used to enhance a course-specific pathway r Landscaping stone -E IFP r Milledwood-E/FP r Bridges-EIFP o Benches or other seating structures - E I FP o Trash cans - E o Restroom facilities - E