HomeMy WebLinkAboutAgreement A-24-522 with Fresno County Disc Golf.pdf 24-0914 Agreement No. 24-522
1 LICENSE AGREEMENT
2 This License Agreement ("Agreement") is dated September 24,2024 and is between Fresno
3 County Disc Golf, a private non-profit corporation ("Licensee") and the County of Fresno, a
4 political subdivision of the State of California ("County").
5 Recitals
6 A. WHEREAS, County and Licensee mutually desire that Licensee construct, install, and
7 maintain an 18-hole disc golf course at County's Lost Lake Park, located at 16385 N. Friant
8 Road, Friant, California 93626 (the "Project"), and maintain two existing disc golf courses at
9 County's Kearney Park, located at 6725 W. Kearney Boulevard, Fresno, California 93706;and
10 B. WHEREAS, the County requires the Project and the maintenance of the three disc golf
11 courses to be financed by private funds raised and provided by Licensee at no cost to County;
12 and
13 C. WHEREAS, Licensee shall contribute funds to a trust fund ("Trust Fund", and County will
14 use the funds in the Trust Fund to reasonably maintain all of the disc golf equipment and
15 infrastructure under and during the term of this Agreement; and
16 D. WHEREAS, County recognizes the potential health and recreational benefits to be
17 derived by the public under this Agreement and that it will benefit the residents of Fresno
18 County.
19 E. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
20 herein contained,
21 The parties therefore agree as follows:
22 Article 1
23 Licensee's Services
24 1.1 Scope of Services. The Licensee shall perform all of the services provided in
25 Exhibit A to this Agreement, entitled "Scope of Services."
26 1.2 Representation. The Licensee represents that it is qualified, ready, willing, and able
27 to perform all of the services provided in this Agreement.
28
1
1 1.3 Compliance with Laws. The Licensee shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 Article 2
6 County's Responsibilities
7 2.1 The County shall, during the construction of the Project, provide Licensee and its
8 agents, representatives and volunteers access to the designated Project area, as depicted on
9 Exhibit B, during regular Lost Lake Park operating hours.
10 2.2 Should employees of the County's Public Works and Planning Department— Parks &
11 Grounds Division cause damage to any one of the three disc golf courses' equipment through
12 the exercise of their groundskeeping duties, the County will repair or replace the damaged
13 equipment at its sole expense.
14 2.3 During the term of this Agreement, County will provide for all reasonable
15 maintenance and repair of all disc golf course equipment and infrastructure, by utilizing monies
16 from the Trust Fund, and only to the extent that monies are available in the Trust Fund for said
17 use.
18 Article 3
19 Compensation, Invoices, and Payments
20 3.1 Incidental Expenses. The Licensee is solely responsible for all of its costs and
21 expenses.
22 Article 4
23 Term of Agreement
24 4.1 Term. This Agreement is effective on September 24, 2024, and terminates on
25 September 23, 2027, except as provided in section 4.2, "Extension," or Article 6, "Termination
26 and Suspension," below.
27 4.2 Extension. The term of this Agreement may be extended for no more than two, one-
28 year periods only upon written approval of both parties at least 30 days before the first day of
2
I the next one-year extension period. The Director of Public Works and Planning or his or her
2 designee is authorized to sign the written approval on behalf of the County based on the
3 Licensee's satisfactory performance. The extension of this Agreement by the County is not a
4 waiver or compromise of any default or breach of this Agreement by the Licensee existing at the
5 time of the extension whether or not known to the County.
6 Article 5
7 Notices
8 5.1 Contact Information. The persons and their addresses having authority to give and
9 receive notices provided for or permitted under this Agreement include the following:
10
For the County:
11 Resources Manager
County of Fresno
12 2220 Tulare St. 61h Floor
Fresno, CA 93721
13 c/o County Parks
pwpbusinessoffice@fresnocountyca.gov
14
For the Licensee:
15 President
Jeffrey Castle
16 10201 N. Rowell
Fresno, CA 93730
17 discs@fresnoflightcenter.com
18
5.2 Change of Contact Information. Either party may change the information in section
19
5.1 by giving notice as provided in section 5.3.
20
5.3 Method of Delivery. Each notice between the County and the Licensee provided for
21
or permitted under this Agreement must be in writing, state that it is a notice provided under this
22
Agreement, and be delivered either by personal service, by first-class United States mail, by an
23
overnight commercial courier service, by telephonic facsimile transmission, or by Portable
24
Document Format (PDF) document attached to an email.
25
(A) A notice delivered by personal service is effective upon service to the recipient.
26
(B) A notice delivered by first-class United States mail is effective three County
27
business days after deposit in the United States mail, postage prepaid, addressed to the
28
recipient.
3
1 (C)A notice delivered by an overnight commercial courier service is effective one
2 County business day after deposit with the overnight commercial courier service,
3 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
4 the recipient.
5 (D)A notice delivered by PDF document attached to an email is effective when
6 transmission to the recipient is completed (but, if such transmission is completed outside
7 of County business hours, then such delivery is deemed to be effective at the next
8 beginning of a County business day), provided that the sender maintains a machine
9 record of the completed transmission.
10 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
11 nothing in this Agreement establishes, waives, or modifies any claims presentation
12 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
13 of Title 1 of the Government Code, beginning with section 810).
14 Article 6
15 Termination and Suspension
16 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
17 contingent on the approval of funds by the appropriating government agency. If sufficient funds
18 are not allocated, then the County, upon at least 30 days' advance written notice to the
19 Licensee, may:
20 (A) Modify the services provided by the Licensee under this Agreement; or
21 (B) Terminate this Agreement.
22 6.2 Termination for Breach.
23 (A) Upon determining that a breach (as defined in paragraph (C) below) has
24 occurred, the County may give written notice of the breach to the Licensee. The written
25 notice may suspend performance under this Agreement, and must provide at least 30
26 days for the Licensee to cure the breach.
27 (B) If the Licensee fails to cure the breach to the County's satisfaction within the time
28 stated in the written notice, the County may terminate this Agreement immediately.
4
1 (C) For purposes of this section, a breach occurs when, in the determination of the
2 County, the Licensee has:
3 (1) Obtained or used funds illegally or improperly;
4 (2) Failed to comply with any part of this Agreement;
5 (3) Submitted a substantially incorrect or incomplete report to the County; or
6 (4) Improperly performed any of its obligations under this Agreement.
7 6.3 Termination without Cause. In circumstances other than those set forth above, the
8 County may terminate this Agreement by giving at least 30 days advance written notice to the
9 Licensee.
10 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
11 under this Article 6 is without penalty to or further obligation of the County.
12 6.5 County's Rights upon Termination. Upon termination for breach under this Article
13 6, the County may demand repayment by the Licensee of any monies disbursed to the Licensee
14 under this Agreement that, in the County's sole judgment, were not expended in compliance
15 with this Agreement. The Licensee shall promptly refund all such monies upon demand. This
16 section survives the termination of this Agreement.
17 Article 7
18 Independent Contractor
19 7.1 Status. In performing under this Agreement, the Licensee, including its officers,
20 agents, employees, and volunteers, is at all times acting and performing as an independent
21 Licensee, in an independent capacity, and not as an officer, agent, servant, employee,joint
22 venturer, partner, or associate of the County.
23 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
24 manner or method of the Licensee's performance under this Agreement, but the County may
25 verify that the Licensee is performing according to the terms of this Agreement.
26 7.3 Benefits. Because of its status as an independent Licensee, the Licensee has no
27 right to employment rights or benefits available to County employees. The Licensee is solely
28 responsible for providing to its own employees all employee benefits required by law. The
5
1 Licensee shall save the County harmless from all matters relating to the payment of Licensee's
2 employees, including compliance with Social Security withholding and all related regulations.
3 7.4 Services to Others. The parties acknowledge that, during the term of this
4 Agreement, the Licensee may provide services to others unrelated to the County.
5 Article 8
6 Indemnity and Defense
7 8.1 Indemnity. The Licensee shall indemnify and hold harmless and defend the County
8 (including its officers, agents, employees, and volunteers) against all claims, demands, injuries,
9 damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of
10 any kind to the County, the Licensee, or any third party that arise from or relate to the
11 performance or failure to perform by the Licensee (or any of its officers, agents, subcontractors,
12 or employees) under this Agreement. The County may conduct or participate in its own defense
13 without affecting the Licensee's obligation to indemnify and hold harmless or defend the County.
14 8.2 Survival. This Article 8 survives the termination of this Agreement.
15 Article 9
16 Insurance
17 9.1 The Licensee shall comply with all the insurance requirements in Exhibit D to this
18 Agreement.
19 Article 10
20 Inspections, Audits, and Public Records
21 10.1 Inspection of Documents. The Licensee shall make available to the County, and
22 the County may examine at any time during business hours and as often as the County deems
23 necessary, all of the Licensee's records and data with respect to the matters covered by this
24 Agreement, excluding attorney-client privileged communications. The Licensee shall, upon
25 request by the County, permit the County to audit and inspect all of such records and data to
26 ensure the Licensee's compliance with the terms of this Agreement.
27 10.2 State Audit Requirements. If the compensation to be paid by the County under this
28 Agreement exceeds $10,000, the Licensee is subject to the examination and audit of the
6
I California State Auditor, as provided in Government Code section 8546.7, for a period of three
2 years after final payment under this Agreement. This section survives the termination of this
3 Agreement.
4 10.3 Public Records. The County is not limited in any manner with respect to its public
5 disclosure of this Agreement or any record or data that the Licensee may provide to the County.
6 The County's public disclosure of this Agreement or any record or data that the Licensee may
7 provide to the County may include but is not limited to the following:
8 (A) The County may voluntarily, or upon request by any member of the public or
9 governmental agency, disclose this Agreement to the public or such governmental
10 agency.
11 (B) The County may voluntarily, or upon request by any member of the public or
12 governmental agency, disclose to the public or such governmental agency any record or
13 data that the Licensee may provide to the County, unless such disclosure is prohibited
14 by court order.
15 (C)This Agreement, and any record or data that the Licensee may provide to the
16 County, is subject to public disclosure under the Ralph M. Brown Act (California
17 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
18 (D)This Agreement, and any record or data that the Licensee may provide to the
19 County, is subject to public disclosure as a public record under the California Public
20 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
21 with section 7920.200) ("CPRA").
22 (E) This Agreement, and any record or data that the Licensee may provide to the
23 County, is subject to public disclosure as information concerning the conduct of the
24 people's business of the State of California under California Constitution, Article 1,
25 section 3, subdivision (b).
26 (F) Any marking of confidentiality or restricted access upon or otherwise made with
27 respect to any record or data that the Licensee may provide to the County shall be
28
7
1 disregarded and have no effect on the County's right or duty to disclose to the public or
2 governmental agency any such record or data.
3 10.4 Public Records Act Requests. If the County receives a written or oral request
4 under the CPRA to publicly disclose any record that is in the Licensee's possession or control,
5 and which the County has a right, under any provision of this Agreement or applicable law, to
6 possess or control, then the County may demand, in writing, that the Licensee deliver to the
7 County, for purposes of public disclosure, the requested records that may be in the possession
8 or control of the Licensee. Within five business days after the County's demand, the Licensee
9 shall (a) deliver to the County all of the requested records that are in the Licensee's possession
10 or control, together with a written statement that the Licensee, after conducting a diligent
11 search, has produced all requested records that are in the Licensee's possession or control, or
12 (b) provide to the County a written statement that the Licensee, after conducting a diligent
13 search, does not possess or control any of the requested records. The Licensee shall cooperate
14 with the County with respect to any County demand for such records. If the Licensee wishes to
15 assert that any specific record or data is exempt from disclosure under the CPRA or other
16 applicable law, it must deliver the record or data to the County and assert the exemption by
17 citation to specific legal authority within the written statement that it provides to the County
18 under this section. The Licensee's assertion of any exemption from disclosure is not binding on
19 the County, but the County will give at least 10 days' advance written notice to the Licensee
20 before disclosing any record subject to the Licensee's assertion of exemption from disclosure.
21 The Licensee shall indemnify the County for any court-ordered award of costs or attorney's fees
22 under the CPRA that results from the Licensee's delay, claim of exemption, failure to produce
23 any such records, or failure to cooperate with the County with respect to any County demand for
24 any such records.
25 Article 11
26 Disclosure of Self-Dealing Transactions
27 11.1 Applicability. This Article 11 applies if the Licensee is operating as a corporation, or
28 changes its status to operate as a corporation.
8
1 11.2 Duty to Disclose. If any member of the Licensee's board of directors is party to a
2 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
3 "Self-Dealing Transaction Disclosure Form" (Exhibit D to this Agreement) and submitting it to
4 the County before commencing the transaction or immediately after.
5 11.3 Definition. "Self-dealing transaction" means a transaction to which the Licensee is a
6 party and in which one or more of its directors, as an individual, has a material financial interest.
7 Article 12
8 General Terms
9 12.1 Modification. Except as provided in Article 6, "Termination and Suspension,"this
10 Agreement may not be modified, and no waiver is effective, except by written agreement signed
11 by both parties. The Licensee acknowledges that County employees have no authority to modify
12 this Agreement except as expressly provided in this Agreement.
13 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
14 under this Agreement without the prior written consent of the other party.
15 12.3 Governing Law. The laws of the State of California govern all matters arising from
16 or related to this Agreement.
17 12.4 Jurisdiction and Venue. This Agreement is signed and-performed in Fresno
18 County, California. Licensee consents to California jurisdiction for actions arising from or related
19 to this Agreement, and, subject to the Government Claims Act, all such actions must be brought
20 and maintained in Fresno County.
21 12.5 Construction. The final form of this Agreement is the result of the parties' combined
22 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
23 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
24 against either party.
25 12.6 Days. Unless otherwise specified, "days" means calendar days.
26 12.7 Headings. The headings and section titles in this Agreement are for convenience
27 only and are not part of this Agreement.
28
9
1 12.8 Severability. If anything in this Agreement is found by a court of competent
2 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
4 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
5 intent.
6 12.9 Nondiscrimination. During the performance of this Agreement, the Licensee shall
7 not unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical disability,
9 mental disability, medical condition, genetic information, marital status, sex, gender, gender
10 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
11 all applicable State of California and federal statutes and regulation.
12 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
13 of the Licensee under this Agreement on any one or more occasions is not a waiver of
14 performance of any continuing or other obligation of the Licensee and does not prohibit
15 enforcement by the County of any obligation on any other occasion.
16 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
17 between the Licensee and the County with respect to the subject matter of this Agreement, and
18 it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
19 publications, and understandings of any nature unless those things are expressly included in
20 this Agreement. If there is any inconsistency between the terms of this Agreement without its
21 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
22 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
23 exhibits.
24 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
25 create any rights or obligations for any person or entity except for the parties.
26 12.13 Authorized Signature. The Licensee represents and warrants to the County that:
27 (A) The Licensee is duly authorized and empowered to sign and perform its
28 obligations under this Agreement.
10
1 (B) The individual signing this Agreement on behalf of the Licensee is duly
2 authorized to do so and his or her signature on this Agreement legally binds the
3 Licensee to the terms of this Agreement.
4 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement(1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
15 handwritten signature of that person.
16 (C)The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D) Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21 paragraphs (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 (E) This Agreement is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Agreement with an original
25 handwritten signature.
26 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement.
28 [SIGNATURE PAGE FOLLOWS]
11
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
Fresno County Disc Golf COUNTY OF FRESNO
3
5 Jeffre astle, President Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
6 10201 N. Rowell
Fresno, CA 93703 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By: �a..:-.
10 Deputy
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Exhibit A
1 Scope of Services
2 I. Obligation of Licensee
3 A. Licensee, at its sole cost, shall construct the Project in an area of Lost Lake Park
4 that is currently under-utilized by the public at Lost Lake Park, as approved by
5 County and as depicted on Exhibit B, attached and incorporated by reference.
6 The equipment and infrastructure to be constructed and installed by Licensee
7 shall as also be described in Exhibit B.
8 B. To ensure there are adequate and available funds to maintain the Project and the
9 other two existing courses at Kearney Park for their useful life, Licensee shall
10 make annual contributions of not less than six hundred dollars ($600) to the
11 established trust fund, these funds shall be used by County for the County's
12 performance of its maintenance obligations under Section 2.3 during the term of
13 this Agreement.
14 II. Construction/Completion of Project
15 A. Licensee warrants that its construction of the Project shall not unreasonably
16 interfere with the public's use and enjoyment of the areas of Lost Lake Park
17 outside of the Project area or disrupt the County's operations at Lost Lake Park.
18 B. The Parties intend and agree that upon completion of the Project, the Project
19 shall become the property of the County, which gift of such property shall be
20 subject to formal acceptance by County via a Resolution adopted by the Fresno
21 County Board of Supervisors.
22 C. If the Agreement is terminated at any time prior to the completion of the Project,
23 FCDG shall restore the project areas to its original condition, at FCDG's sole
24 expense, regardless of the reason for termination of the Agreement.
25 III. Use of Disc Golf Courses
26 A. Licensee acknowledges that the users of the disc golf courses Kearney Park
27 and Lost Lake Park remain subject to any and all County rules and regulations
28 for the use of County parks, as well as vehicle entrance fees.
A-1
Exhibit A
1 B. Licensee agrees that its use and its members' use of County parks is non-
2 exclusive and may not create any interference with other County park users,
3 unless Licensee has exclusive use of a County park subject to the County
4 permitting process.
5 C. Licensee and its members shall always conduct their disc golf activities in a safe
6 and orderly manner.
7 D. Licensee agrees that County may prohibit the use of any disc golf course at any
8 time.
9 E. Licensee may host scheduled disc golf tournaments only if agreed to by County.
10 F. Notwithstanding anything to the contrary in this Agreement, the County, upon
11 direction by its Board of Supervisors, may direct the immediate removal of the
12 Project or the other disc golf courses, located at Kearney Park. If any funds
13 remain in the Trust Fund upon such removal, such funds shall be refunded to
14 Licensee, provided however, if Licensee is no longer in existence at that time, the
15 funds shall revert to the County. This Section III(F) shall survive the termination
16 of the Agreement.
17 IV. Maintenance, Repairs and Development:
18 A. Licensee acknowledges it is allowed to perform general maintenance, repairs,
19 and continued development of the courses with prior approval from the County.
20 This scope of work may include but not be limited to:
21 (1) Litter abatement;
22 (2) Irrigation;
23 (3) Tree planting;
24 (4) Adjusting basket configuration;
25 (5) Service, repair, and replacement of course baskets, signage, and equipment.
26
27
28
A-2
LOSTLRKE Edge of LheWor ld 111m%C UOLF COURSil
20 Holes EXHIBIT B Lost Lake Reacreation Area + County of Fresno
Riverside � . ' 16385 N. Friant Road, Friant, CA 93626
Layout proposed course may be sub'ecttocha g 9 miles Northeast of Woodward Park 2.6.23
4 •
VI
AIL
1
. ;
__ _
ExhibO-- "B"
DMA k X' ftmu r mt Disc CWf Basket Specftatfon Sheet
The luck X D=OW Basket is the uitTtal®pfafassionai Is"Wget tee sK—s tfta standard Ox tap ter
dlGC I;K*lowwmrmts.
cna ur�aa�s9aan zr
cc-gem rrammr
raa�a------gr
\ 1 POLE(66!rU-1 1/Z in,i.),I rs/16 In.OD.rot-dipped gal%zdzed Pipe,
\` drWled.
POLES-Tape holes closest io one e)d of the pole are for the Chain
Assembly.Thls end should also have a red Po&e Cap Plug The m4&
set of holes a re fur the Basket Azmni y-The bottom se of holes are for
the Loddng Collar(Delano Disc Pole Wle mrzdei only).
CHAINASSV-MBLY-ftkW end hot-appedgalvantmd.16otrMr
sliding(inks and suands chains,a midway reflex alums.16 X-tttem
inner chatns AN 4Q chains assembled wkh hawy duty stainless steel
'S hooka to allow freer maverroertit of drairx 6'Sleeve Bolt,fhPx Head
nut and nylon insen loc�hex head rec screw,Internal tooth star
lock washer.
CNAiN ASSEMBLY INSff�S-91de Chain Assem*(r gfirst),
down pot--AUgn holes in collar with twits at top of pde.fasten with
bolt,hex head nut and nylon Insert lockrmt,lips head tec screw,
b terhat tooth star lock washer.
TRAPPER t3ASKIET 2 ASSEMBLY-;!e inch steel rod,welded and
hot-dipped galvanlmd.6"Sleeve-boil,hoe head nut and rtyfon Insert
OCR=OW 0 W to d rmt hoc head tec sa ,Internal tooM star lode washer.
I+PW 0p"
TRAPPER BASKET 2 ASSWUYNSfRUCRONS-Slide Bats km Assesnbly
down poi(bit fadN up),until holes in ce m&Iign with holes In
ruiw urora�a mkk9e of pale.Fasten with bolt.,hex head nun and nylon Insert
Eeutn loeknu4 tree head tec screw,irrienaf tooth star lock washer.
B "rAh car
u.
LOCKING COLLAR-VA-lded and hat-dipped galvanized.VColler-2'to'
# Tubing.BOIL hex head nut and nylon insert lockntx,hex head tec
screw.IntemaI tooth star back washer.
t
LOOONG COL ARASSEWLY INSTRUCTIONS-Slide the btkkng coilar,
wtth the locking tab at"bottom of collar,up pole to bottom set of
holes_Align holes in bddng collar with holes Irk pate and fasten with
bob hex toad nut and nylon Inset bdvxrt,hex head tee screw,
f internal tooth star lock washer.Afber the Ioctckhg ooila r is fastened,the
pole can be plsced in andxx to complete Instatkatlnn.
*Note Tt a LOCKING TAB stwuld atways be polndn3 at the tee-
AWJ40A-1Bin.x 2'/eIn OD-piMdrilled.Install Push to ground v4th
1 �Qnd�H. ttM IngLocIdogTabalmingatthetee.
CONGtEtE&RIVER ROCK(Used to stabilize Anchor until cerrent sets)-
Approhdmatry 1 cubic foot(concrete,river rock and todc not furnWwd)
I
Exhibit "B"
POLE CAP PLUG
11/2" ID \,
115116" Ott
rr '
J
:j
S
hot dipped galvanized steel pipe
69" 1
oy
i
r -
n vft :ti
a•: v•r1
'•:ram ��M�(L� �1�fi L '����IL��.�r�i(�� j(.'I�',w l,.
:.r`�Ltt t��y•1 Y.• 117 r�zrl'�r��l-Ru:,,.*l;�,•,,>.: -.
6" dia. l
POLE— 69" x 1112" ID 1115116" OD hot dipped galvanized.
CONCRETE Approx. 1 cubic foot.
River Rock--Used to stabilize pole until concrete setsp.
2
Lost Lake Recreation Area Disc Golf Course Proposal
Fresno County Disc Golf(FCDG -- a 501 c3 organization) submits the following
proposal for a disc golf course in Lost Lake Recreation Area (Lost Lake) to the County
of Fresno Department of Parks and Recreation.
1. PROJECT DESCRIPTION:
FCDG is proposing the installation of a disc golf course at Lost Lake. Total cost of the
project is estimated at about $20,000. FCDG to provide funding, materials, and
installation labor.
Rationale:
There are now more than 9,000 disc golf courses in the United States -- nearly all
installed by city and county parks departments. They have found that there are few
recreational activities that offer the high benefit-to-cost ratio of disc golf. Disc golf has
relatively low capital and maintenance costs compared with other recreational
installations, is environmentally sound, is played year-round in all climates and is
enjoyed immediately even by beginners of all ages.
The installation of a disc golf course would be consistent with the goals for Lost Lake,
one of which is to provide recreational opportunities for the residents of Fresno County.
Disc golf is a way to meet recreational needs and offer opportunities for increased use
and awareness of the park and what it has to offer.
What is Disc Golf?
Disc Golf is played much like traditional golf. Instead of hitting a ball into a hole, you
throw a more streamlined looking Frisbee®type disc into a supported metal basket. The
goal is the same: to complete the course in the fewest number of shots. A golf disc is
thrown from a tee area to each basket, which is the "hole." As players progress down the
fairway, they must make each consecutive shot from the spot where the previous throw
has landed. The trees, shrubs and terrain changes in and around the fairways provide
welcome and challenging obstacles for the golfer. Finally, the "putt" lands in the basket
and the hole is completed.
Who can play?
The simple answer is that everyone can. In studies measuring participation in
recreational activities, "throwing a Frisbee" has consistently been a top-ten activity. A
disc golf course serves a broader portion of the community than many narrower interest
activities with higher cost, skill or fitness levels required to even begin to play. Men and
women, young and old, families with small children -- all can play disc golf. Because
disc golf is so easy to understand and enjoy, no one is excluded. Players merely match
their pace to their capabilities and proceed from there.
How much does it cost to play?
Many courses are in city, county, or regional parks where citizens play free. Most
private and several public facilities will charge up to $5 per day to play or earn passive
income from annual passes and/or fees to enter the park. The equipment itself is quite
inexpensive — discs designed for golf sell for $8-$15 each and only one is needed to get
started.
What Kind of Construction Would Be Planned for Lost Lake?
The installation of an 18-hole disc golf course at Lost Lake would include the
installation of concrete tee pads, tee signs, course sign, and baskets. No foliage would
need to be planted or removed.
Tees: Each hole would have one tee. The tees would be made of concrete. Concrete tees
4" thick measuring approximately 6' xl2' would be built flush with the ground. Having
the tee pads flush to the ground will eliminate any need for special mowing or edging
around the pads.
Baskets: Each playable hole would have a basket mounted on a pipe that slides inside an
anchor pipe that gets cemented into a hole measuring approximately 8" in diameter and
18-24" deep. The basket pipe and anchor pipe each have collar tabs that line up and are
securely locked with a padlock. Each hole would have 2 additional anchors installed so
that the basket could be moved to different anchor locations periodically to reduce soil
compacting and erosion, plus add some variety for players -- like moving holes around
on a golf green. We estimate that approximately 55 anchors holes would be installed.
Signs: Tee signs are very important to help first time users find their way through the
course. Each hole would have a sign indicating the number, length, recommended flight
path and par. In addition, an overall course sign showing course layout, rules and a
bulletin board would be installed. The signs can be constructed with a variety of
materials lending a natural appearance to fit in with the surrounding area.
What maintenance is required on a disc golf course at Lost Lake?
After installation, the maintenance needs for a disc golf course are relatively simple and
essentially the same as general park maintenance. The targets are made of welded steel
anchored in concrete and need no regular maintenance. In the unlikely event that one of
the targets is damaged beyond repair or stolen,they can be replaced for around $500.
Much of the area of the proposed course is underutilized and not highly maintained.
Under the proper supervision of the Lost Lake staff, FCDC volunteers would be eager to
undertake an initial cleanup of these areas and then maintain them as trash-free zones.
With 3 anchor placements per hole, wear and tear on any one area is negligible.
How much land is needed?
The proposed 18-hole course encompasses approximately 48 acres. A significant
advantage of disc golf is its ability to utilize areas that are not very desirable. In
addition, a disc golf course need not be an exclusive use area -- it can co-exist amicably
with other active and passive recreation uses such as hiking, dog-walking, etc.
2. HOW DOES THE PROJECT BENEFIT THE COMMUNITY:
The installation of a disc golf course in Lost Lake would benefit the surrounding
community by increasing and enhancing recreational opportunities, park safety,
cleanliness, and its conservation goals.
Recreational Needs: A disc golf course would provide an inexpensive form of
recreation for people of all age and skill levels and would be a valuable addition to the
recreational facilities at Lost Lake.
Safety: A disc golf course at Lost Lake would increase foot traffic in the Park at random
times during the day and steadily during evenings and weekends. The influx of
purposeful visitors would discourage the presence of individuals who are only in the
park to cause mischief and perhaps engage in crime. It has been shown that the
installation of a disc golf course has led to significant decreases in vandalism and litter
as users have a stake in keeping the course and surrounding area clean and well kept.
Conservation: Disc golf can be an environment-friendly sport. Unlike traditional golf, a
disc golf course may not require trees to be removed, grass mowed and watered daily,
plants removed, or non-native species planted. This course is designed to fit into the
existing flora of the area. The impact of a disc golf course on the surrounding area is
minimal. Each hole has multiple pin placements, ensuring that no one area gets constant
foot traffic (this has the added benefit of providing new challenges to players). In
addition, disc golfers overall tend to take great pride in where they play, helping reduce
potential litter on the course
Economics: A deluxe 18-hole disc golf course with tees, professional signs and baskets
can be purchased and installed for about $20,000, less than the cost of a single tennis or
basketball court. An 18-hole course can serve more than 100 people at any time,
compared with a tennis court (4 maximum) or basketball court (10 maximum). The
cumulative square footage of 18 x 60 sq. ft. hard surface tee pads is also less than either
a basketball or tennis court.
3. COMMUNITY SUPPORT FOR PROJECT:
FCDG and other disc golf suppliers are interested in occasionally selling disc golf
supplies at the park. A portion of each sale would be given to FCDG to promote disc
golf and improve and maintain local courses including Kearney Park and Lost Lake.
4. REVENUE:
Park admission revenue will increase with the influx of disc golfers. The success of the
2 courses currently installed by FCDG at Kearney Park has shown significant increased
parking revenue through the sales of annual passes and day use revenue.
Events at the park can also bring in more revenue. We plan on having small events,
Monday holiday tournaments, Ace Races, monthlies, and weekly doubles as well as
bringing Professional Disc Golf Association events to the park. In the summer and in
the fall-winter there are two tournament series that are in the valley. Fresno is already
part of the Cen-Cal Series and the Central Valley Series. These events are outgrowing
the Woodward Park location where they both sell out annually bringing up to 105
players to the course for the tournaments. We are looking at the course at Lost Lake as
an opportunity to expand the field and continue to grow these tournaments These
tournaments will not only bring revenue to the park but will support the entire
community as players use hotel rooms, purchase food, buy gas for their vehicles, and in
other ways spend their money as they enjoy their time in Fresno County. It is estimated
that the Professional Disc Golf Association A-tier tournament that happens every Labor
Day weekend in Visalia brings in about $30,000 outside dollars into their community
each year.
5. SALES:
A. Souvenirs and Apparel: The CONTRACTOR shall have
the right to sell official Event souvenirs and apparel on-site of the Property and to retain
one hundred percent (100%) of such revenue.
B. Food, Drinks and Merchandise: The CONTRACTOR or its
Concessionaire (s) may sell food, drinks and merchandise on site of the
Property and shall retain One Hundred Percent (100%) of such revenue. Alcohol sales
shall be permitted at the Event, conditioned on compliance with all applicable laws and
regulations, specifically including the responsibility of CONTRACTOR or its
concessionaire(s) to obtain all necessary licenses for such sales as required by the
Alcoholic Beverage Control Board.
C. Sales and Use Taxes, and Other Taxes: CONTRACTOR shall be
solely responsible for complying with any and all laws concerning the charging of,
collecting, and paying to the appropriate governmental authorities, all sales and use
taxes, and any other taxes and charges, in connection with the sales of any food, drinks
(including, but not limited to, alcoholic beverages), merchandise and other goods in
connection with the Event, and the COUNTY shall not have any obligation in
connection therewith.
Summary:
FCDG was formed to promote the sport of disc golf in our community. Disc golf is an
environmentally and socially beneficial sport that is challenging and rewarding for
people of all ages and backgrounds. We look forward to a mutually supported course at
Lost Lake that is installed with little to no risk for the county and that will provide
recreation for a growing number of disc golfers as well as an additional revenue stream
for the County.
Exhibit C
1 Self-Dealing Transaction Disclosure Form
2 In order to conduct business with the County of Fresno ("County"), members of a
Licensee's board of directors ("County Licensee"), must disclose any self-dealing transactions
3 that they are a party to while providing goods, performing services, or both for the County.A
4 self-dealing transaction is defined below:
5 "A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
6 The definition above will be used for purposes of completing this disclosure form.
7 Instructions
8 (1) Enter board member's name,job title (if applicable), and date this disclosure is being
9 made.
10 (2) Enter the board member's company/agency name and address.
11 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
12 a. The name of the agency/company with which the corporation has the transaction;
13 and
14 b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
15
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
16 provisions of the Corporations Code.
17 The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
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C-1
Exhibit C
1 (1) Company Board Member Information:
2 Name: Date:
3 Job Title:
4 (2) Company/Agency Name and Address:
5
6
7
8
9 (3) Disclosure (Please describe the nature of the self-dealing transaction you are a
10 party to)
11
12
13
14
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16 (4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
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23 (5) Authorized Signature
24 Signature: Date:
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Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Licensee or any third
parties, Licensee, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of
Two Million Dollars ($2,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Licensee shall obtain an endorsement to this
policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Licensee's policy.
(B) Automobile Liability.Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Licensee signs this Agreement, and
at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Licensee shall deliver, or cause its
broker or producer to deliver, to the Department of Public Works and Planning -
Resources Division, Park & Grounds, at 2220 Tulare Street, 6th Floor, Fresno, California
93721, or parks@fresnocountyca.gov, and by mail or email to the person identified to
receive notices under this Agreement, certificates of insurance and endorsements for all
of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1)the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Licensee has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
D-1
Exhibit D
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Licensee's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Licensee shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Licensee shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Licensee shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Licensee or its insurer to timely provide a written notice required by this
paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Licensee has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Licensee shall deliver, or cause its broker or producer to
deliver, to the County's Risk Manager certificates of insurance and endorsements for all
of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Licensee waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Licensee is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Licensee's waiver of subrogation under this paragraph is effective
whether or not the Licensee obtains such an endorsement.
(F) County's Remedy for Licensee's Failure to Maintain. If the Licensee fails to keep in
effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Licensee. The County may offset such
charges against any amounts owed by the County to the Licensee under this
Agreement.
(G)Subcontractors. The Licensee shall require and verify that all subcontractors used by
the Licensee to provide services under this Agreement maintain insurance meeting all
D-2
Exhibit D
insurance requirements provided in this Agreement. This paragraph does not authorize
the Licensee to provide services.under this Agreement using subcontractors.
D-3