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Fremont Peak Observatory Association |
As you may know, the California Department of Parks and Recreation (DPR) is terminating FPOA's current Cooperating Association status. To continue operations at the Peak, FPOA must become an Interpretive Concession. The concession contract will have significant financial and liability implications for FPOA, and will force changes in the way the amateur astronomy community uses the area near the observatory.
Because of the state's current budget woes, DPR is being forced to make large reductions in operating expenses and reduce their liability exposure. As one means of accomplishing this, other volunteer and not-for-profit organizations throughout the state will be required to become concessionaires. The concessionaire contracts require these organizations to take over operating responsibilities previously performed by park staff, and to assume liability exposure previously borne by the state.
DPR solicited proposals early this year for a concessionaire to provide astronomical programs at Fremont Peak State Park. FPOA was the sole respondent, becoming the first of many organizations to begin the process of converting to a concession.
The standard contract was clearly intended for a concession that sells beverages and food for profit, not for a volunteer non-profit with no employees and no revenue from its park operation. Fortunately, DPR has been flexible in modifying the contract to fit our role. Several key areas at the heart of DPR's initiative remain under negotiation but, regardless of any agreement we may reach, it is clear they will have important consequences.
DPR has made it clear that later this year the area behind the gate will be closed to the public. We have argued as strongly as possible that it should remain open but DPRs position is immutable — they cannot afford the staff to schedule, coordinate, clean, and maintain all the facilities behind the gate. Nor can they accept liability exposure for our activities.
This means that if any astronomical activities are to occur behind the gate, FPOA will need to manage them. We will need to schedule, coordinate, clear weeds, clean (including restrooms), and so on.
Scheduling is still an open issue. DPR has proposed requiring 30 days notice for any use of the area. We have proposed 3 days, which was rejected. Discussions are continuing.
The proposed change to concessionaire status will open us up to several new areas of potential liability, some of which can be managed by purchasing insurance. We currently maintain liability insurance for the observatory, but we've found no underwriters willing to fully insure the whole observing area — it is wild, remote, not flat, and often unsupervised. Nevertheless, we believe there is room to agree with DPR on a scope of responsibility that is insurable. It is clear, though, that if we insure more than the observatory, our insurance costs will skyrocket.
This puts FPOA in a dilemma. We'd rather just limit our activities to the observatory, but unless we take responsibility for the entire developed area including the paved area east of the workshop (now clear of trees), the road, the patio/amphitheater, and the telescope pads this area will be completely closed to the amateur astronomy community. This would be a great loss. On the other hand, if we do take responsibility, the cost of our insurance premiums alone will immediately exceed our current revenues, requiring us to set up a special class of membership or charge access fees to defray the cost.
Before deciding on a course of action, the Board needs comments from the Fremont Peak astronomical community — both FPOA members and non- members alike. If you have strong feeling about the right course of action for FPOA, please let us know. If you know a non-member that would be affected, ask them for input, and pass it on.
If any members have expertise in the areas of liability insurance, contract law, industrial hygiene (environmental), or workplace safety, we'd like to get your technical opinion.