MEMORANDUM OF AGREEMENT
BETWEEN
NEVADA DEPARTMENT OF WILDLIFE
AND
HUMBOLDT COUNTY, NEVADA
FOR THE OPERATION OF AN
URBAN FISHERY
WINNEMUCCA, NEVADA
This Agreement, is entered into this ___ day of ______, 2015, by and between the State of Nevada, acting by and through its Department of Wildlife, herein “NDOW”, acting pursuant to Nevada Revised Statute 501.351, and the County of Humboldt, a political subdivision of the State of Nevada, herein “COUNTY”, or collectively referred to as the “Parties”.
WITNESSETH:
WHEREAS, Nevada Revised Statutes (NRS) Chapter 277, specifically 277.110 authorizes any two or more Nevada public agencies to enter into agreements with one another for the joint or cooperative exercise of powers, privileges and authority;
WHEREAS, the Parties are public agencies under NRS 277.100 and authorized to enter into a cooperative agreement in accordance with NRS 277.080 to 277.110;
WHEREAS, NRS 501.181 provides the Nevada Wildlife Commission with broad powers to establish policies for the propagation, restoration, transplanting, introduction, and management of wildlife in this State, including fish;
WHEREAS, the Parties desire and intend to create, develop, manage, regulate and preserve an urban fishing pond (herein, the “Project”) for the benefit of the citizens of Humboldt County, Nevada and visitors at a pond located in Winnemucca, Nevada and leased from James L. Kinney under a separate lease agreement between James Kinney and the County of Humboldt;
WHEREAS, the Parties desire to make the most efficient use of their powers by cooperating on a basis of mutual advantage to provide services and facilities for the Project in an manner which will best accord the needs and development of the Project and the local community;
WHEREAS, the Parties desire to define and set forth their respective roles and responsibilities in relation to resource management, operations and maintenance of the Project;
WHEREAS, a formal agreement between the Parties is required to facilitate the use of funds for obtaining and rearing fish used to stock the Project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following participation in the Project and the following terms and conditions:
1. NDOW Agrees to:
a. Provide an annual stocking allocation of Trout. This allocation initially has been set at 3,000 catchable Trout per year. Trout will be stocked between March and November in months when water temperature and water quality are suitable;
b. Provide funding in the minimum amount of $191,000 for the installation and preparation work for a 30 ml PVC pond liner at the Project location, fencing around the pond area, installation of regulation signage where appropriate, stocking of fish or other costs associated with the development or maintenance of the Project;
c. Set and administer State of Nevada Fishing Regulations and include the Project fishing pond as a fishable water in the annual fishing regulations;
d. Provide adequate fencing around the pond;
e. Conduct special fishing clinics or fishing days for the community, utilizing the pond in cooperation with the COUNTY;
f. Have primary responsibility to enforce fishing laws and regulations; and
g. Comply with all applicable local, state and federal laws in carrying out the terms of this Agreement.
2. COUNTY Agrees to:
a. Operate and maintain the Project pond and recreation area as a passive recreation area for fishing and wildlife viewing only. Operation and maintenance to include but may not be limited to: installation of restroom facilities, restroom cleaning, ranger and maintenance patrols, removal of garbage, fencing, property maintenance, park amenity maintenance (signs, benches, picnic tables, fishing piers), installation of parking area, installation of shade trees, garbage containers, benches and picnic tables, weed eradication and re-vegetation;
b. Provide access for NDOW to stock the Project fishing pond as needed;
c. Develop, install, and maintain signs informing the public of the current fishing regulations;
d. Coordinate with NDOW or other appropriate agencies to maintain pond water levels and sustain fish life in the pond.
e. Work with volunteer or other groups to help with the operation and maintenance of the Project pond area;
f. Notify NDOW prior to any maintenance or other events that may result in dropping water levels in the pond;
g. Operate and maintain the Project as a public facility and ensure access to the public. The COUNTY shall not dispose of, or change the terms of the real property lease, or other interest in the site and facilities without written notice to NDOW; and
h. Comply with all applicable local, state and federal laws in carrying out the terms of this Agreement.
3. NDOW and COUNTY Mutually Agree:
a. That fishing regulations shall be established by the Board of Wildlife Commissioners. That fishing season is between March and October of each year, and fishing hours will be from sunrise to sunset.
b. That the pond will be open to fishing by anyone who satisfies the State’s fishing license requirements and wildlife observation. No swimming, hunting, skating, boating or other similar recreation activities shall be allowed.
c. That any amendments to this agreement may be proposed by either party in writing and become effective upon approval, in writing, by both parties. No party shall unreasonably withhold their approval.
d. Joint meetings will be held as necessary between, and as requested by either party to this Agreement, to provide for the most effective coordination, development, and administration of this project.
e. Provide signage. Provide a project sign acknowledging all cooperators and funding sources used in the development of the fishery as well as memorializing the person offering the site, benefactor James Wilson Kinney (1917-2010). The sign is to be posted in a conspicuous location at the project site. The dimensions and lettering format of this sign are to be approved by NDOW prior to its construction. Signage also will be needed to clarify the fishing regulations.
f. Not construe any provision in this Agreement as affecting the authorities of the Parties or as binding beyond their respective authorities, or requiring any of the parties to obligate or expend funds in excess of available appropriations;
g. Review this Agreement at least every five (5) years to determine its adequacy, effectiveness and need for revision of content;
h. Renegotiate, if desired, the terms of this Agreement at any time at the initiative of one or more of the Parties, following at least thirty (30) days prior written notice to the other Parties;
i. Coordinate efforts to enforce the fishing regulations, park hours and laws in relation to use of the Project fishing pond for its intended purpose.
4. Nondiscrimination
During operation of the facility, the parties hereto shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and §§ 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; and the requirements of any other nondiscrimination statute(s) which may apply to this project.
5. Indemnification
To the fullest extent of NRS chapter 41 liability limitations, each party shall indemnify, hold harmless and defend, not excluding the other’s right to participate, the other from and against all liability, claims, actions, damages, losses, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of any alleged negligent or willful acts or omissions of the party, its officers, employees and agents in connection with the performance of that party’s respective obligations hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph.
The indemnification obligation under this paragraph is conditioned upon receipt of written notice by the indemnifying party within 30 days of the indemnified party’s actual notice of any actual or pending claim or cause of action. The indemnifying party shall not be liable to hold harmless any attorneys’ fees and costs for the indemnified party’s chosen right to participate with legal counsel.
6. Liability
All actions and activities resulting from the directives of this agreement by the parties hereto, their agents and successors, shall be protected from liability to the maximum extent provided by NRS Chapter 41, Sections 41.010 to 41.039, inclusive, and all other applicable state and federal laws.
7. Effective Date
That this Cooperative Agreement shall become effective when signed by the designated representatives of the parties hereto and shall remain in force until terminated by mutual agreement, or by either party upon 30 days notice in writing to the other of its intention to terminate upon a date indicated.
8. Notices
All notices under this agreement shall be sent to the following addresses:
NDOW
Western Region Fisheries Supervisor
Nevada Department of Wildlife
1100 Valley Road
Reno, NV 89512
Fisheries Biologist
Nevada Department of Wildlife
815 E 4th Street
Winnemucca, Nevada 89445
COUNTY
Dave Mendiola
County Administrator
County of Humboldt
PO Box 909
Winnemucca, NV 89446
9. Execution
The parties agree to execute such additional documents and to take such additional actions as are reasonably necessary or desirable to carry out the purposes hereof. They also agree, acknowledge and represent that all authorizations have been obtained for the execution of this Agreement and for the compliance with each and every term hereof. Each undersigned officer, representative or employee represents that he or she has the authority to execute this Agreement on behalf of the party for whom he or she is signing.
10. Miscellaneous Provisions
a. Any improvements developed on the Project shall be owned and operated by the COUNTY in the event this agreement is terminated.
b. All Parties further agree to comply with applicable requirements of any federal, state or local grant programs associated with the funding of design, construction, operation, and maintenance of improvements and programs in the Project.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, and all applicable provisions of federal law. Any suit or action arising out of the Agreement shall be filed in a court of competent jurisdiction within Humboldt County, State of Nevada.
d. This Agreement shall not be the basis of any claims, rights, cause of action, challenges or appeals by any person or entity not a Party to this Agreement.
e. The Parties will cooperate in good faith to achieve the objectives of this Agreement and to avoid disputes. The Parties will use good faith efforts to resolve disputes at the lowest organizational level and, if a dispute cannot be so resolved, the Parties will then elevate the dispute to the appropriate officials within their respective organizations.
f. This Agreement may be terminated by either party with thirty (30) days written notice to the other Party.
g. The Parties fully understand that this Agreement is made and based upon an underlying lease agreement between the COUNTY and James L. Kinney as owner of the real property on which the pond is located and that the lease of the pond may be terminated at any time. If the underlying lease is terminated, the Parties understand that the terms of this Agreement will no longer be fulfilled unless the pond is sold to the COUNTY.
h. The invalidity of any term of this Agreement shall not affect the validity of any remaining provisions.
i. INSURANCE PROVISION?
IN WITNESS WHEREOF, the parties hereby have executed this Memorandum of Agreement the day and year last written.
Dated this ____ day of ______, 2015.
STATE OF NEVADA, DEPARTMENT OF WILDLIFE
______
JACK ROBB, DEPUTY DIRECTOR
Dated this ____ day of ______, 2015.
COUNTY OF HUMBOLDT
______
Garley Amos, Chairman
Board of County Commissioners
ATTEST:
______
Tami Spero, County Clerk
Dated this ____ day of ______, 2015.
HUMBOLDT COUNTY DISTRICT ATTORNEY
(Approved as to form)
______
MICHAEL MACDONALD
DISTRICT ATTORNEY
Dated this ____ day of ______, 2015.
OFFICE OF THE ATTORNEY GENERAL
(Approved as to form)
______
HARRY WARD
DEPUTY ATTORNEY GENERAL
Memorandum of Agreement – NDOW and Humboldt County
Urban Fishery April 2015
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