RICKEY POINT SAIL CLUB
Lake Roosevelt, Washington
United States Department of the Interior
NATIONAL PARK SERVICE
LAKE ROOSEVELT NATIONAL RECREATION AREA
1008 CREST DRIVE
COULEE DAM, WA 99116-1259
Community Access Points
This AGREEMENT made and entered into this 1st day of May 2009, by and between the Rickey Point Sailing Club, a community organization incorporated in the State of Washington, and the Lake Roosevelt National Recreation Area (LRNRA) a unit of the National Park Service (NPS).
ARTICLE I – BACKGROUND AND OBJECTIVES
WHEREAS, the National Park Service administers the Lake Roosevelt National Recreation Area, established pursuant to Public Law 79-633, as part of the National Park System; and
WHEREAS, the National Park Service is authorized to provide visitor facilities in units of the National Park System pursuant to 16 U.S.C. Subchapter 1, et. seq.
WHEREAS, Rickey Point Sailing Club in cooperation with Stevens County and the NPS desires to improve public access to Lake Roosevelt by providing certain public facilities on federal lands managed by the NPS; and
WHEREAS, the NPS is willing to permit the Organization to provide and maintain these facilities for the public pursuant to the LRNRA General Management Plan approved on January 18, 2000, and the terms and conditions below.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
TERMS AND CONDITIONS
ARTICLE II – STATEMENT OF WORK
1) The purpose of this agreement is to allow the development and subsequent operation of a community access point (CAP) on federal lands administered by the NPS. The NPS agrees that, during the term hereof, the federal lands identified in paragraph 15 will be used as a community access point in accordance with the regulations of the NPS as set forth in Title 36 of the Code of Federal Regulations and the terms and conditions of this Agreement.
2) The Organization agrees to provide and maintain the following facilities and services for the public:
• Provide and maintain the approved CAP signage
• Provide litter pickup as needed
• 26 Buoys for auxiliary powered sailing vessels (4 buoys need to be surveyed)
• Dock for load and unloading (dimensions?)
• Club to install 4 “Public Mooring” buoys (to be surveyed/added)
3) The NPS agrees to provide the following facilities and services for the public:
• the land for parking area and unimproved foot trail, and the area for the placement of buoys
• provide vehicle access to parking and unloading zones
• law enforcement patrols
• assistance with identifying the appropriate sign style and areas where CAP signs will be installed
4) This Agreement authorizes the nonexclusive use of federal lands and waters for the purpose of maintaining a public community access point. Public use of the federal lands and waters may in no way be restricted by the designation and/or development of the access point. Organization agrees not to interfere with public use of the access point, or limit public use.
5) The Organization is required to maintain the lands and facilities in good condition throughout the term of the Agreement. Good condition includes meeting applicable state and local codes and standards for maintenance, safety, public use, and accessibility as well as any other requirements as identified by the Superintendent and included as part of this Agreement. Routine maintenance and repair activities shall be carried out on timely basis to ensure public safety and a well-maintained appearance.
6) The Organization will work with the NPS to comply with those elements of the Americans with Disabilities Act as it applies to community provided facilities.
7) The Organization is required to secure and maintain insurance sufficient to indemnify losses connected with or occasioned by the use and activities authorized by the Agreement. Types and amounts of insurance coverage will be specified in writing and periodically reviewed by the Superintendent. All liability policies are to name the United States as a co-insured and shall specify that the insurance company shall have no right of subrogation against the United States and shall have no recourse against the Government for payment of any premium. Proof that the insurance is in effect shall be provided by the Organization to the Superintendent for review and approval prior to the commencement of any activities authorized under this Agreement. The Organization will forward an updated copy of insurance coverage to the Superintendent each year upon policy renewal.
8) The Federal government assumes no responsibility whatever for any injury, loss, or damage that may result from landslides or slippage of the shore lands or lake fluctuation or any injury, loss or damage that may result from the exercise of privileges conferred by this Agreement. The Organization shall save, hold harmless, and indemnify the United States of America and its agents and employees for all losses, damages, or judgments and expenses resulting from personal injury, death or property damage of any nature arising out of the Organization’s activities under the Agreement.
9) The Organization shall be responsible for seeing that all members of the Organization, invitees and all persons under their control are informed of, and comply with park rules, regulations and all applicable special conditions. Violation of park regulations, State or Federal law or terms and conditions of this Agreement may constitute a basis for termination of the Agreement.
10) The Organization shall not cut timber, conduct mining operations, remove sand, gravel, or kindred substances from the ground, commit waste of any kind, or in any manner substantially change the contour or condition of the property. The Superintendent must approve in writing any activity that involves removal of trees, shrubs, and/or resources from the site.
11) Any improvements planned by the Organization beyond those identified in paragraph two (2) shall require prior written approval by the Superintendent. All proposals for improvements shall be submitted in writing with plans and specifications of sufficient detail to enable the Superintendent to determine the impacts of the proposals on natural and cultural resources and public use. A minimum review time of 180 days will be required for all proposals. The applicant may be expected to pay a portion or all of the costs of any studies/assessments depending on the nature of the proposal.
12) The National Park Service reserves the right to enter all facilities within the designated area at any time for inspection. Such inspection will normally be done in cooperation with a representative of the Organization.
13) In the event of an emergency call 911. All accidents involving personal injury shall be reported to Kettle Falls District Ranger Gig LeBret at 509-633-3860, extension 109, or Area Ranger Beth Lariviere, at extension 110. Serious accidents shall be reported immediately and shall be investigated by park personnel. If unable to contact Rangers LeBret or Lariviere, immediately notify Stevens County Sheriff’s Office at 509-684-2555 and ask them to dispatch an officer.
14) Fees—The Organization may not charge the general public (non-members) any fees associated with the use the access point.
15) Land Assignment—SW ½ of Section 2, T35N, R37E, WM. (See attached map).
16) The Agreement may not be used as an adjunct to any business for which direct or indirect compensation is received.
17) Vehicular access upon or across Federal lands in the national recreation area is prohibited unless expressly authorized pursuant to this Agreement and/or a permit issued by the Superintendent. However, limited vehicular use necessary for construction and/or installation of the facilities authorized herein may be allowed, provided such use is authorized in writing by the Superintendent.
18) Discovery of artifacts and other archeological items shall be reported immediately to Archaeologist Ray DePuydt, 509-738-6266, ext. 101.
No artifacts or archeological items may be removed from Federal lands except by permission of the Superintendent.
19) Performance Bond--A performance bond may be required depending on the nature and scope of the community provided facilities and activities.
ARTICLE III—TERM OF THE AGREEMENT
The term of this agreement is from May 1, 2009 to April 31, 2014, (5 years) unless sooner terminated pursuant to the provisions of Article VIII hereof.
Near the end of the two year period, the need for this Agreement will be reviewed. The Agreement may be renewed provided that the continued use of the CAP is consistent with the needs of the public for use of the area, and that there are no unresolved issues regarding the Agreement's terms and conditions or other concerns.
The 2000 General Management Plan (GMP) calls for a review of the program when the number of authorized CAPs approaches the upper limit of 18, or 10 years from approval of the GMP, whichever comes first. There would be full consultation and public review to determine whether the program was meeting its intended objectives.
ARTICLE IV—KEY OFFICIALS
For the NPS:
Superintendent Debbie Bird
Lake Roosevelt National Recreation Area
1008 Crest Drive
Coulee Dam, Washington 99116
(509) 633-9441, ext. 110
Lake Roosevelt National Recreation Area
1008 Crest Drive
Coulee Dam, Washington 99116
(509) 633-9441, ext. 128
For the Community Organization:
Rickey Point Sail Club, Commodore
John Foster Fanning
PO Box 219
Curlew, WA 99118
Rickey Point Sailing Club – Buoy Field Manager
PO Box 624
Marcus, Washington 99151
ARTICLE V—PROPERTY UTILIZATION
ARTICLE VI—PRIOR APPROVAL
ARTICLE VII—REPORTS AND/OR DELIVERABLES
Any party may terminate the Agreement by providing 60 days advance written notice to the other parties.
This Agreement may be terminated by the NPS should the Superintendent determine in writing that the terms and conditions of the Agreement have been violated, or it is determined by the Bureau of Reclamation that the lands are needed for purposes of the Columbia Basin Project. The Organization is not entitled to compensation in the event of termination of the Agreement for cause or upon expiration of the Agreement.
Upon the expiration of this Agreement by limitation of time or its termination for any reason prior to its expiration date, the Organization shall remove within 90 days, or as otherwise determined by the Superintendent, all structures and improvements placed on the premises by the Organization, and shall restore the site to its former condition under the direction of the Superintendent. All property not removed within the aforesaid period shall become the property of the United States and may be disposed of and the property restored at the Organization's/County's expense.
ARTICLE IX - STANDARD CLAUSES
1. Civil Rights
During the performance of this agreement, the participants agree to abide by the terms of USDI-Civil Rights Assurance Certification, non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin.
2. Officials Not to Benefit
No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.
The Organization shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Government, Departmental, Bureau or Government employee endorsement of a product, service, or position which the Organization represents. No release of information relating to this agreement may state or imply that the Government approves of the Organization’s work product, or considers the Organization’s work product to be superior to other products or services.
4. Public Information Release
The Organization must obtain prior Government approval from the Superintendent for any public information releases which refer to the Department of the Interior, any bureau, park unit, or employee (by name or title), or this agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted with the request for approval.
P.O. Box 1179
Kettle Falls, Washington, 99141