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,
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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
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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