humboldt county board of commissioners september 16, 2019 … · 2019-09-11 · 04-0381-12 roll...

Humboldt County Board Of CommissionersSeptember 16, 2019

Notice of Public MeetingHUMBOLDT COUNTY BOARD OF COMMISSIONERS

Humboldt County Board of Commissioners Regular MeetingMonday, September 16, 2019

9:30 AM:

Humboldt County Courthouse Meeting Room 20150 West Fifth Street, Winnemucca, Nevada 89445

All times on this agenda are approximate. Consideration of items may require more or less timethan is scheduled. Items on the agenda may be taken out of order; the public body may combinetwo or more agenda items for consideration; and the public body may remove an item from theagenda or delay discussion relating to an item on the agenda at any time. Public comment isdesignated for discussion only. The public has the opportunity to address the Commission on anymatter not appearing on the agenda; however, no action may be taken on Matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken. Additionally, public comment may be heard on any item listed on the Agenda. Persons areinvited to submit comments in writing and/or attend and make comments on any agenda item at theCommission meeting. All public comment may be limited to three (3) minutes per person, at thediscretion of the Commission.

Agenda - Monday, September 16, 2019

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT - General public comment is designated for discussion only. The public has theopportunity to address the Commission on any matter not appearing on this agenda; however, noaction may be taken on a matter raised until the matter itself has been specifically included on theagenda as an item upon which action may be taken.

4. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) - Discussion and action oncorrection/approval of minutes for March 28-29, 2016; April 18, 2016; May 2, 2016; August 15, 2016;October 3, 2016; October 17, 2016: October 27, 2016 (Special-Liquor License); November 15, 2016:November 28, 2016; December 12, 2016 (Joint); January 3, 2017; January 17, 2017 (Joint); February6, 2017 (Special): February 21, 2017; March 6, 2017; March 20, 2017; March 27, 2017 (BudgetHearing); April 3, 2017; April 10, 2017 (Special/6th Judicial); April 17, 2017; May 1, 2017 (Joint); May15, 2017; June 5, 2017; June 19, 2017; July 10, 2017; August 7, 2017 (Joint); August 21, 2017;September 18, 2017; October 9, 2017; December 11, 2017 (Joint); January 16, 2018; January 29,2018 (Retreat); February 5, 2018 ; February 20, 2018; March 5, 2018; April 2, 2018 (Budget Hearing);April 9, 2018; August 6, 2018; August 20, 2018; September 4, 2018; September 17, 2018; October

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1, 2018; October 15, 2018; March 18, 2019, March 25 (Budget Hearings); April 1, 2019; May 6,2019; May 20, 2019; June 3, 2019; June 25, 2019 (Special); July 8, 2019; July 22, 2019; August 5,2019; August 19, 2019 and September 3, 2019. Discussion and possible action.4.A. Minutes

5. APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR SEPTEMBER 1, 2019THROUGH SEPTEMBER 13, 2019 (FOR POSSIBLE ACTION) 5.A. Expenditures

6. CONSENT AGENDA (ANY ITEM APPEARING ON THE CONSENT AGENDA CAN BE PULLEDDOWN AND DISCUSSED IN DETAIL)(FOR POSSIBLE ACTION) -

Tax Roll Adjustments:

Ralph V Whitworth Trust credit/refund of $180.00 for FY20 (APN 04-0361-08) Karin E. Ramasco et al credit/refund of $50.00 for FY20 (APN 04-0362-08) RF & CK Buckingham credit/refund of $80.00 for FY20 (APN 04-0381-05) Heather M Rowe credit/refund of $120.00 for FY20 (APN 04-0381-12) Keith Schumacher credit/refund of $80.00 for FY20 (APN 04-0391-18) Judy Marcuerquiaga credit/refund of $140.00 for FY20 (APN 04-0395-27)

6.A. Tax Roll Adjustments04-0361-08 Roll Adjustment.pdf

04-0362-08 Roll Adjustment.pdf





7. MISCELLANEOUS REPORTS AND CORRESPONDENCE -

1)Other information and upcoming meetings

October 7, 2019 County Commissioners Meeting October 10, 2019 Regional Planning Commission Meeting

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/428826/04-0361-08_Roll_Adjustment.pdf







October 14, 2019 Regional Airport Board Meeting October 21, 2019 Humboldt County Commission Meeting

2)Reports from Commissioners regarding other Boards and Committees on which they serve,including National Wild Horse & Burro Advisory Board, Nevada Association of Counties (NACO),Regional Airport Board, Humboldt River Basin Water Authority (HRBWA), Western Interstate Region(WIR), Legislative Interim Land Council, Humboldt Development Authority (HDA), WinnemuccaVisitors & Convention Authority (WCVA), Hospital Board, Humboldt Foundation, NortheasternNevada Regional Development District (NNRDA), Humboldt County Elk Planning SteeringCommittee, Paradise Conservation District and the State Land Use Planning Advisory Council(SLUPAC).

8. SET TO PUBLIC HEARING PURSUANT TO NRS 403.170: TYCANA SUBDIVISION ACCEPTANCEINTO COUNTY MAINTAINED ROAD SYSTEM (FOR POSSIBLE ACTION) - A Set to Public Hearingto consider acceptance of the Tycana Subdivision road into the Humboldt County maintained roadssystem as a "Main" road as determined by NRS 43.170 and County Resolution 10-21-96. Approvalwill be contingent upon the road(s) meeting the requirements of Section 801 (Road Acceptance intoCounty Maintained System) document. Discussion and possible action.8.A. Tycana Road

Set to Hearing Tycan Subdivison.pdf

Criteria for Accepting Roads into Maintained System.pdf

9. PUBLIC WORKS DEPARTMENT: DISPOSAL OF NON-BENEFICIAL COUNTYVEHICLES/GENERAL ROAD PROJECTS (FOR INFORMATION ONLY) -

A) Possible action to dispose of certain county vehicles by either selling the vehicles at publicauction or donating the vehicles to another governmental entity or nonprofit organization pursuant toNRS 332.185 as they are no longer required for public use, is desirable and in the best interest ofthe County. Discussion and possible action.

B) A presentation by Humboldt County Public Works Director Don Kalkoske to update the Board onRoad projects within Humboldt County, however, no action may be taken on a matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken.9.A. Surplus Vehicles

Surplus Vehicles 8-26-19 Trish.pdf

10. PRESENTATION BY NEVADA ASSOCIATION OF COUNTIES: OVERVIEW OF MISSION ANDREVIEW OF 2019 LEGISLATIVE ACTION (INFORMATIONAL ONLY) - A presentation by DagnyStapleton, Executive Director and Vinson Guthreau, Deputy Director of the Nevada Association ofCounties regarding the mission of NVNACO and to provide a review of the key legislation that waspassed in the 2019 session of the Nevada Legislature, including the potential impacts on HumboldtCounty. For Information Only.10.A. Presentation

NACO Humboldt County Presentation 2019.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429051/Set_to_Hearing_Tycan_Subdivison.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429050/Criteria_for_Accepting_Roads_into_Maintained_System.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429052/Surplus_Vehicles_8-26-19_Trish.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429053/NACO_Humboldt_County_Presentation_2019.pdf


2019 NACO Legislative Summary.pdf

11. SHERIFF: LIQUOR BOARD (FOR POSSIBLE ACTION) -

Sheriff Allen would like to request on September 16, 2019, the Humboldt County Liquor Board beconvened for consideration of one Special Liquor License.

Special Liquor License - Kim Petersen of Lazy P Farm - A Wee Bit Wicked Wine Beer and Wine Walk Friday, October 4, 2019 – This is one day event

11.A. LiquorLiquor Board 9-16-19.pdf

12. APPROVAL OF BID FOR FAIRGROUND CAMPSITE IMPROVEMENTS FOR AG DISTRICT 3PROJECT (FOR POSSIBLE ACTION) - Consideration, discussion, and possible approval to awardH.E. Hunewill Construction the bid for the Humboldt County Fairgrounds Campsite improvementsproject in an amount not to exceed $98,971. Hunewill was the only bidder despite an invitation to fourother prospective bidders and publication in the local paper. The district is attempting to approve abidder and get the work done prior to the winter season. Discussion and possible action. 12.A. Fairgrounds

09102019124916-0001.pdf

13. REQUEST FOR APPROVAL TO REASSIGN FCC MICROWAVE LICENSE WPN1479 & WMV406TO KNPB PUBLIC BROADCASTING (FOR POSSIBLE ACTION) - Consideration, discussion, andpossible approval for Ric Grantham to begin the process and submit the necessary paperwork tore-assign the Federal Communication Commission licenses WPN1479 & WMV406D to KNPBPUBLIC BROADCASTING as it is no longer of benefit to the county and its residents, due to newtechnology being used to bring signals from Reno and will provide Pershing County access to publicTV (KNPB) in that district. KNPB PUBLIC BROADCASTING will cover the cost of this transfer.Discussion and possible action.13.A. TV District

14. CYBERSECURITY ASSESSMENT RULES OF ENGAGEMENT APPROVAL FOR DEPARTMENTOF HOMELAND SECURITY (FOR POSSIBLE ACTION) - Consideration, discussion, and possibleadoption of an authority for County Manager or Ric Grantham, Communications Manager to sign theCybersecurity Assessments Rules of Engagement between Humboldt County and the United StatesDepartment of Homeland Security. Discussion and possible action.14.A. Cybersecurity

CISA ROE SLTT - V4 04.02.19.pdf

15. APPROVAL TO MOVE FORWARD WITH NEW HUMAN SERVICES DEPARTMENT IN HUMBOLDTCOUNTY (FOR POSSIBLE ACTION) - Consideration, discussion, and possible action to direct NikiLinn, the Human Services Coordinator, to expand Human Services into a department separate and

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429065/2019_NACO_Legislative_Summary.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429066/Liquor_Board_9-16-19.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429799/09102019124916-0001.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/430035/CISA_ROE_SLTT_-_V4_04.02.19.pdf


distinct from the County Clerk’s Office and under the administrative oversight of the County Manager,with an additional employee(s) in an effort to collaborate with the case worker services beingperformed by the 6th Judicial District Court and consolidate the social service case work beingperformed by the District Attorney’s Office as part of the Public Administrator/ public guardian role, and direct the District Attorney’s office to begin the process to amend Humboldt County Code. Discussion and possible action.15.A. Human Services

Business Plan for new department.pdf

16. CONSULTING AGREEMENT WITH MICHAEL CLAY CORPORATION (FOR POSSIBLE ACTION) -Consideration, discussion, and possible approval to update an agreement between Humboldt Countyand the Michael Clay Corporation to provide consulting services as an owner representative to providecertain professional oversight of the remodel/redesign of county buildings and the design, installationand compliance of various aspects of its communication towers, lines, or other necessities as itpertains to the county for the benefit of the citizens of Humboldt County in an amount not to exceed$150,000 over a three to four year period. Discussion and possible action.16.A. Michael Clay

Clay Consulting K 8.2019 CLEAN.pdf

17. LIBRARY: R6STUDIO ARCHITECTURE CONTRACT APPROVAL FOR DENIO LIBRARY ANNEXPLANS ( FOR POSSIBLE ACTION) - Consideration, discussion, and possible approval of aprofessional services agreement with R6Studio Architecture for the architectural work to becompleted on the Denio Library renovation in an amount not to exceed $9,850, of which $3,455 willbe donated by the Denio Friends of the Library group in order to begin the process of obtainingarchitectural plans for the Denio Annex building. The remainder of the costs can be covered by otherfunds that have already been approved or subsequent fund raising efforts. Discussion and possibleaction.17.A. Library

R6Studio.pdf

18. PROCLAMATION DECLARING FRIDAY, SEPTEMBER 20 AS POW/MIA RECOGNITION DAY INHUMBOLDT COUNTY, NEVADA (FOR POSSIBLE ACTION) - Consideration, discussion, andpossible action regarding a proclamation recognizing September 20, 2019 as "POW / MIARecognition Day in Humboldt County, Nevada". 18.A. PROCLAMATION

POW MIA Recognition Day Resolution.pdf

19. APPROVAL OF DESIGNATED AREAS FOR SIGNATURE GATHERING (FOR POSSIBLE ACTION) - Consideration, discussion, and possible approval of designated areas in Humboldt County wheresignatures can be gathered for petitions pursuant to NRS 293.127565, as amended by Senate Bill224 of the 2005 Nevada Legislative Session. County Courthouse (50 West 5th Street, Winnemucca,NV) - Sidewalk on Bridge Street Side; District Attorney's Office (501 S. Bridge Street, Winnemucca,NV) - Southeast corner of the building near the parking lot on Bridge Street; County Road Dept.(3340 Bengochea Circle, Winnemucca, NV) - Parking lot on East side; Winnemucca Public Library(85 East 5th Street, Winnemucca, NV) - Sidewalk on the Baud Street side; County Annex Building(25 W 4th Street, Winnemucca, NV) - Walk-way on the Bridge Street side; Denio Pubic Library (190Pueblo Dr., Denio, NV) – Area between the Library and the Annex building; McDermitt Public Library

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/430036/Business_Plan_for_new_department.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/429732/Clay_Consulting_K_8.2019_CLEAN.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/428630/R6Studio.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/428676/POW_MIA_Recognition_Day_Resolution.pdf


(US 95 North, McDermitt, NV) - Parking lot on the North side of the building; WinnemuccaConvention Center (50 W. Winnemucca, Blvd, Winnemucca, NV) - Planter area on Southeast side ofWest Hall facility; Winnemucca Events Complex (1098 Fairgrounds Road, Winnemucca, NV) - thePine Tree on Exhibit Hall lawn area. Discussion and possible action.19.A. Signatures

20. FUTURE AGENDA ITEMS

21. PUBLIC COMMENT: - Public Comments: General public comment is designated for discussiononly. The public has the opportunity to address the Commission on any matter not appearing on thisagenda; however, no action may be taken on a matter raised until the matter itself has beenspecifically included on the agenda as an item upon which action may be taken.

22. ADJOURNMENT

NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant toNevada Revised Statutes 241.015

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CERTIFICATE OF POSTING

PLACES POSTED: Humboldt Co. Courthouse, 50 W. 5th St.: Rooms 201, 205, & 207 at ___________ A.M. By :____________________________________________

Humboldt County Library : 85 E. 5th St. at ___________ A.M. By :__________________________________________________________________

County Annex: 4th & Bridge St. at ___________ A.M. By :________________________________________________________________________

Winnemucca City Hall: 4th & Melarkey St. at _____________ A.M.By : ______________________________________________________________

Humboldt County Website: www.hcnv .us at _____________A.M. By : ______________________________________________________________

State of Nev ada Website: www.notice.nv .gov . ____________ A.M. By : ______________________________________________________________

MEETING DATE: September 16, 2019 POSTED BY: _______________________________________________

DATE POSTED: ___________________________ Karen Bannister, Administrativ e Assistant

NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt Countywebsite: www.hcnv .us or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) 623-6300

NOTICE TO PERSONS WITH DISABILITIES - Reasonable ef f orts will be made to assist and accommodate phy sically disabled persons desiring to attend the meeting. Please call the Humboldt County Administrator’s Of f ice at 623-6300 in adv ance so that arrangements may be conv eniently made.

EQUAL OPPORTUNITY NOTICE - Humboldt County is an Equal Opportunity Employ er and will not discriminate against employ ees or applicants f or employ ment orserv ices in an unlawf ul manner.

NON-DISCRIMINATION STATEMENT - In accordance with Federal civ il rights law and U.S. Department of Agriculture (USDA) civ il rights regulations and policies, theUSDA, its Agencies, of f ices, and employ ees, and institutions participating in or administering USDA programs are prohibited f rom discriminating based on race, color,national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability , age, marital status, f amily /parental status, income deriv ed f rom apublic assistance program, political belief s, or reprisal or retaliation f or prior civ il rights activ ity , in any program or activ ity conducted or f unded by USDA (not all basesapply to all programs). Remedies and complaint f iling deadlines v ary by program or incident.

Persons with disabilities who require alternativ e means of communication f or program inf ormation (e.g., Braille, ;large print, audiotape, American Sign Language, etc)shouldContact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (v oice and TTY) or contact USDA through the Federal Relay Serv ice at (800) 877-9339.Additionally , program inf ormation may be made av ailable in languages other than English.

To f ile a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, f ound online at http://www.ascr.usda.gov /complaint_f iling_cust.html and at any USDA of f ice or write a letter addressed to USDA and prov ide in the letter all of the inf ormation requestedin the f orm. To request a copy of the complaint f orm, call (866) 632-9992. Submit y our completed f orm or letter to USDA by :

(1) Mail: U.S. Department of Agriculture Of f ice of the Assistant Secretary f or Civ il Rights 1400 Independence Av enue, SW Washington, D.C. 20250-9410;(2) f ax: (202) 690-7422: or(3) email: [email protected]

USDA is an equal opportunity prov ider, employ er, and lender.

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http://www.hcnv.us

http://www.notice.nv.gov

http://www.ascr.usda.gov/complaint_filing_cust.html

mailto:[email protected]

Date: August 27, 2019 2019-2020

Initials of person that made change __________

Total DOLLAR Proposed TV Tax LandfillTaxes AMOUNT Taxes Adjustment? Adjustment?

Parcel # Taxpayer(s) District Due or Paid Adjustment Due or Paid Amount (+/-) Amount (+/-)

04-0361-08 Ralph V Whitworth Trust 5.0 $2,760.69 ($180.00) $2,580.69 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$180.00 for FY 2019-2020

_______ County Auditor

_______ County Assessor

_______ County Treasurer

Request for Adjustment(s)

to the Humboldt County

Real Property Tax Roll

Date actually change made to roll. _____________

Board’s notes/comments: _________________________________________________________________________________

Fiscal Year Affected:

Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________

* If approved this taxpayer will receive a refund/ credit of $

Chairman, Board of Commissioners

Assessor’s Explanation of Changes:

Assessor’s Recommendation:

Commissioner Commissioner

Special Assessment for delinquent sewer charges misapplied to this parcel.

Commissioner

The Humboldt County Board of Commissioners does hereby ________approve / ________ deny the above-mentioned

changes to the Humboldt County Real Property Tax Roll.

Treasurer’s Recommendation:

Copies to be returned to:

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Jeff.Johnson

Stamp

Date: August 27, 2019 2019-2020




04-0362-08 Karin E Ramasco etal 5.0 $203.18 ($60.00) $143.18 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$60.00 for FY 2019-2020










Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________







Commissioner





9

Jeff.Johnson

Stamp

Date: August 27, 2019 2019-2020




04-0381-05 R F & C K Buckingham 5.0 $732.84 ($80.00) $652.84 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$80.00 for FY 2019-2020










Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________







Commissioner





10

Jeff.Johnson

Stamp

Date: August 27, 2019 2019-2020




04-0381-12 Heather M Rowe 5.0 $782.07 ($120.00) $662.07 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$120.00 for FY 2019-2020










Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________







Commissioner





11

Jeff.Johnson

Stamp

Date: August 27, 2019 2019-2020




04-0391-18 Keith Schumacher 5.0 $863.03 ($80.00) $783.03 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$80.00 for FY 2019-2020










Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________







Commissioner





12

Jeff.Johnson

Stamp

Date: August 27, 2019 2019-2020




04-0395-27 Judy Marcuerquiaga 5.0 $1,967.01 ($140.00) $1,827.01 $0.00 $0.00

Approval By:

Denial

X Approval By:

Denial

$140.00 for FY 2019-2020










Date: _______________________

________________________________ _________________________________

Commissioner

________________________________ _________________________________







Commissioner





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Jeff.Johnson

Stamp

To: Humboldt County Board of Commissioners From: Trish Baker, Admin Clerk IV Date: August 26, 2019 Subject: Surplus Vehicles/Equipment

Various county departments currently have vehicles/equipment, which are no longer in service, and request designation as “Surplus Vehicles/Equipment”.

Road Department - 2009 GMC Sierra, VIN #3GTEK13309G260662, mileage 167311, mechanical issues. 1999 Nomad 19’ Travel Trailer, VIN #1SN200J22XB000582, not been used in 15 years. 1997 Nomad 26’ Travel Trailer, VIN #1SN200M24VB000768, not been used in 15 years. 1969 CAT D6C, VIN #010K10802, hours 3107 as of 5-11-2017, using for parts, no longer of use. 1983 Kenworth Spray Truck, VIN #NKWL29C3DK312593, mileage 762587/2000 Clough Tanker, VIN #C331, smokes, mechanical issues, used one (1) time a year – a bitch pot to replace this would be a better option. 1966 Heil 5000 Gallon Water Tanker, VIN #96NV2423, rotted out, leaks, no longer of use. 1987 Ranco 20 YD Belly Dump, VIN #1R9BSA506HL008532, rotted out, not gates & suspension is bad & we are in the process of replacing this unit. 1980 Utility Trailer, VIN #7U93658002, has not been used in 15+ years – Crusher equipment 1993 Fisher Hazemag, VIN #HU1459, has not been used in 15+ years, not maintained properly when brought back to County yard – Crusher equipment 1993 Powerscreen Commander, VIN #5104942, has not been used in 15+ years, not maintained properly when brought back to County yard – Crusher equipment 1993 Conveyor M60/M70 VIN #3443805/5405439, has not been used in 15+ years, not maintained properly when brought back to County yard – Crusher equipment 1983 Kolberg 3D-488, VIN #2078488833, has not been used in 15+ years, not maintained properly when brought back to County yard – Crusher equipment 2001 Ingersol Rand 2475 Compressor, VIN #01061062, mechanical issues, no longer of use. 1971 John Deere 544A Loader, VIN #135955T, hours 3757 as of 12-6-10, using for parts, no longer of use. Miller Welder 225NT/Generator, SN #KH401624, no longer of use, does not start and has been replaced. Fairgrounds – 1996 GMC K3500, VIN #1GTHK34F3TZ517032, mileage 228645, worn out, no longer of use. 1994 GMC K3500, VIN #1GTHK34F8RE511159, worn out, no longer of use.

Juvenile – 2004 Buick Century, VIN #2G4WS52J641208736, mileage 136989, runs rough, no longer of use.

2008 Nissan Sentra, VIN #3N1AB61E38L665360, mileage 45503, runs, no longer of use. 2007 Buick LaCrosse, VIN #2G4WD552771194381, mileage 90274, runs good, no longer of use.

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Sheriff’s Department – 2000 GMC Yukon, VIN #1GKEK13T9YJ133894, mileage 212558, runs good, no longer of use. 2000 GMC Yukon, VIN #1GKEK13T9YJ13389, mileage 212558, no longer of use. 2007 Ford Expedition, VIN #1FMFU16507LA94649, mileage 153423, no longer of use. Mosquito Control – 1989 Ford F250, VIN #1FTHF25H3KPA5267, mileage 153388, worn out, runs ok, no longer of use. Rural Fire – 1999 GMC Yukon, VIN #1GKEK13R9XR516190, mileage 233647, worn out, no longer of use. This is for informational only, as the WRFD board has already approved this for disposal. Building & Grounds – 1991 Chevy C-2500, VIN #1GCFC24K8M186767, mileage 77303, worn out, no longer of use

If the vehicles/equipment are designated surplus they will be sent to auction. I will take a further look to see what vehicles might be utilized with any other departments before they are auctioned off.

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The Nevada Association of Counties (NACO)

Presentation to theHumboldt County Commission

September 16, 2019

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NACO BOARD OF DIRECTORS

County Commissioners from each of Nevada’s 17 countiesExecutive Committee

NACO President Patsy Waits, Lander CountyNACO President Elect Jim French, Humboldt CountyNACO Vice President Marilyn Kirkpatrick, Clark CountyAt Large Member Bob Lucey, Washoe CountyNACO Past President Lawrence Weekly, Clark County

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MISSION

To encourage county government to adopt and maintain local, regional, state and national cooperation which will result in a

positive influence on public policy and optimize the management of county resources; to provide valuable education and support services that will maximize efficiency and foster

public trust in county government

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RESOURCES

• Forum for Collaboration• Education

– Annual Conference– Workshops– Website (www.nvnaco.org)

• Advocacy

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ADVOCACY & SUPPORT

NV Legislature

Interim Activities – Regulations, Rural Tour

Federal Issues – NACo Legislative Conf.

Statewide Issues

Natural Resources/Public Lands

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2019 LEGISLATIVE SESSION

NACO Bills that Passed

State Budget

Bills that Passed that Will Impact Counties – Workers Comp; Prevailing Wage; Indigent Defense Reform; Public

Records

Resources Available

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NATIONAL ASSOCIATION OF COUNTIES (NACo)

• Board of Directors

• Commissioner Kirkpatrick, Clark County

• Commissioner Higbee, Lincoln County

• National Policy Steering Committees

• Western Interstate Region

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WHAT ELSE?

Clark County, HostNational Association of Counties Conference

July 12-15, 2019

Washoe County, Host

NACO Annual Conference

September 25-26, 2019, Sparks Nugget

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2020 U.S. CENSUS

• Why it is Important to Counties

• Governor’s Complete Count Committee

• Every County Should Establish a Complete Count Committee (CCC)

• Resources Available

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Thank You

28

Dagny Stapleton, Executive [email protected]

Vinson Guthreau, Deputy [email protected]

775-883-7863

nvnaco.org

@nvnaco

CONTACT US

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Memo To: Dave Mendiola, County Manager

From: Humboldt County Sheriff’s Office

Date: September 5, 2019

Re: Commission Meeting Agenda

Humboldt County Liquor Board Sheriff Allen would like to request on September 16, 2019, the Humboldt County Liquor Board be convened for consideration of one Special Liquor License. Special Liquor License

Kim Petersen of Lazy P Farm A Wee Bit Wicked Wine Beer and Wine Walk Friday, October 4, 2019 – This is one day event

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DHS CISA Dated: _________________

Page 1 of 11

CYBERSECURITY ASSESSMENTS

RULES OF ENGAGEMENT

Between the

CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

And

April 02, 2019

Version – SLTT 4.00

Prepared By:

U.S. Department of Homeland Security

Cybersecurity and Infrastructure Security Agency

THE ATTACHED MATERIALS MAY CONTAIN DEPARTMENT OF HOMELAND SECURITY INFORMATION THAT IS “FOR OFFICIAL USE ONLY”, OR OTHER TYPES OF SENSITIVE BUT UNCLASSIFIED INFORMATION REQUIRING PROTECTION AGAINST UNAUTHORIZED DISCLOSURE, INCLUDING CONFIDENTIAL AND LEGALLY PRIVELEGED INFORMATION UNDER FEDERAL AND STATE LAW. THE ATTACHED MATERIALS MUST BE HANDLED

AND SAFEGUARDED IN ACCORDANCE WITH APPROPRIATE PROTECTIONS FOR SUCH INFORMATION.

45

DHS CISA Dated: _________________

Page 2 of 11

THIS PAGE INTENTIONALLY LEFT BLANK.

46

DHS CISA Dated: _________________

Page 3 of 11

Table of Contents 1 Introduction .......................................................................................................................................... 4

2 Procedures and Authorizations Prior to Service ................................................................................. 4

3 Site Preparation .................................................................................................................................... 5

4 Assessment ........................................................................................................................................... 8

5 Post-Assessment .................................................................................................................................. 8

6 Dispute Resolution ............................................................................................................................. 10

7 Amendment ........................................................................................................................................ 10

8 Termination ........................................................................................................................................ 10

9 Approval ............................................................................................................................................. 10

47

DHS CISA Dated: _________________

Page 4 of 11

1 Introduction

1.1 Purpose organization

This document establishes the Rules Of Engagement (ROE) for cybersecurity assessments requested by __________________________ (_____) from the Cybersecurity and Infrastructure Security Agency (CISA).

1.2 Scope

This ROE applies to _____ and CISA for all services documented through the procedures described herein. In addition, it applies to all CISA personnel who may access data obtained or generated under this ROE. This ROE does not include services for any classified computer, system or network nor access to any classified information.

1.3 Background

CISA Assessments utilize a defined strategy and methodology for testing, assessing and analyzing target systems with state-of-the-art tools and highly trained security experts to conduct Vulnerability and Threat Assessments. The purpose of these Assessments is to assist _____ in developing a strategy for improving cybersecurity posture and aligning it with enterprise architecture and mission objectives.

CISA’s Assessment teams conduct comprehensive assessments of federal and non-federal networks, including critical infrastructure networks, under authority of Title XXII of the Homeland Security Act (6 U.S.C. § 651 et seq., see especially section 2209 (6 U.S.C. § 659)) and the Federal Information Security Modernization Act (FISMA) (44 U.S.C. §§ 3551 et al.). CISA teams assess unclassified networks to evaluate the security posture when compared to best practices, regulations, policies and standards relating to cybersecurity. CISA team services include various cybersecurity assessment activities such as network mapping, vulnerability scanning, host based assessment, database and web application scanning, phishing, red teaming, and rogue wireless access point detection. The CISA teams include both federal government employees and contractor support personnel. All contractors serving on CISA teams have signed valid DHS 11000-6 Non Disclosure Agreements.

Insert Establishment Background (Optional)

2 Procedures and Authorizations Prior to Service

2.1 This ROE is effective when signed by the _____ CIO or equivalent authorized official and the CISA

Assessments Chief.

2.2 Pursuant to this ROE, _____ may request CISA team services by completing an Appendix A in

advance, each time service is requested. The CISA team will only perform those services specifically

selected by _____ in the Appendix A and will only access systems and/or IP addresses identified by

_____ in the Appendix A, during the period of time agreed upon in that Appendix A. Each new 48

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Appendix A will be sequentially marked, e.g., Appendix A-1, Appendix A-2, Appendix A-3. The

Appendix A is complete and becomes part of this ROE when all relevant information has been

provided, including the selection of the Site Monitor, and Appendix A is signed by both the Site

Authority (either the Site Monitor or the relevant CIO/authorized official) and the CISA Team Lead.

Prior to the start of CISA team services, the _____ Site Monitor shall provide signed copies of the

complete Appendix A to the _____ CIO or equivalent authorized official and the CISA Team Lead

shall provide the same to the CISA Assessments Chief .

2.3 In the event that any site/IP address proposed to be in-scope of requested CISA team services is

operated by a _____ sub-entity whose CIO or equivalent authorized official has unique or exclusive

authority over that site/IP address, the sub-entity CIO or equivalent authorized official must

complete and sign a separate Appendix A authorizing CISA to conduct requested services within that

site/IP address range.

2.4 In the event that any site/IP address identified by _____ in an Appendix A is operated or maintained

by a third party (e.g. contractor or cloud-service provider) on behalf of _____, _____ will ensure that

the third party provides authorization for testing by either filling out and signing the form at

Appendix B or completing the third party’s authorization process and providing proof of

authorization to the CISA team. Appendix B is complete and becomes part of this ROE when signed

by an authorized representative of the third party. Each new Appendix B will be labeled with the

corresponding Appendix A number and a sequential alpha character. For example, an Appendix B for

two third parties under _____’s fourth request for services would involve Appendix A-4 and

Appendix B-4a and Appendix B-4b, respectively. Prior to the start of CISA team services, signed

copies of each complete Appendix B will be provided by the Site Authority to the _____ CIO or

equivalent authorized official and by the CISA Team Lead to the CISA Assessments Chief.

2.5 Services provided by the CISA Team are described in the Services Catalogue at Appendix C. The

Services Catalogue may be updated at any time by notice to _____. Correspondingly, the template

for Appendix A may be updated by notice to _____ to reflect new or changed services offered by the

CISA team in an updated Services Catalogue.

2.6 Some CISA services described in the Appendix C Services Catalogue may require use of one or more

of _____’s unique seal, trademark, name, or insignia in phishing emails. _____ hereby grants CISA the

right to use such seal, trademark, name, or insignia. _____ is responsible for obtaining any internal

authorizations necessary for CISA use of its seal, trademark, name, or insignia, consistent with

applicable law and procedures.

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2.7 Some CISA services described in the Appendix C Services Catalogue will involve scanning or other

network traffic originating from IP addresses or similar identifiers belonging to CISA or entities that

CISA has contracted with, including cloud service providers. Such IP addresses or similar identifiers

will be made known to the Site Monitor, when appropriate. CISA will also notify the Site Monitor

should the IP addresses or other identifiers change.

2.8 _____ certifies that its log-on consent banners or notices; terms-of-use policies or user agreements;

computer training programs; and any other mechanisms used to notify users and obtain their

consent to the terms and conditions of computer use clearly demonstrate to _____ computer users

and obtain their consent that:

“Users have no reasonable expectation of privacy regarding communications or data transiting,

stored on or traveling to or from this network/system. Any communications or data transiting,

stored on or traveling to or from this network/system will be monitored and may be disclosed to

third parties, including other governmental entities, or used for any lawful government purpose.”

3 Site Preparation

The _____ Site Monitor identified in Appendix A is an _____ authorized representative responsible

for preparing the site, serving as _____’s primary point of contact for the CISA team, and monitoring

CISA team services at that site for the agreed upon time and services identified in the Appendix A.

Prior to the start of any CISA team services:

3.1 The Site Monitor and the CISA Team Lead will review the Appendix A and ensure that either an

additional Appendix A and/or a completed Appendix B have been provided, if applicable, for all sub-

entities or third parties.

3.2 The Site Monitor will coordinate and ensure, as appropriate, the involvement of _____ officials and

adherence to _____ policies and standard operating procedures that could have an impact on the

scanning activities and the information systems being assessed.

3.3 The Site Monitor will identify to the CISA team potentially sensitive _____ devices prior to testing.

3.4 The Site Monitor is responsible for ensuring system backups have been performed and restore

processes are validated prior to the start of external or internal CISA team services.

3.5 The Site Monitor will provide the CISA team with information about the internal IT environment.

3.6 Certain CISA team services may require administrator or other specific user access to the networks

or systems being tested. The Site Monitor is responsible for ensuring access for the CISA team. If

administrator provisions are required, access will be granted by either (1)Either _____ or CISA

establishing a separate administrative account for testing (e.g., “CISATeam”), or (2) through the use,

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under _____ supervision and control, of an existing administrator account. It is recommended that

separate testing accounts will be established prior to the arrival of the CISA team.

3.7 The Site Monitor, on behalf of _____ and in coordination with other _____ officials as appropriate,

will use best efforts to identify to CISA in advance any categories of data, which may be encountered

by CISA during the selected services, that are sensitive in nature or protected from disclosure by

statute, regulation, or other authority, including personally identifiable information, and will provide

CISA instructions on how to identify and handle such data if encountered by the CISA team. The Site

Monitor and CISA Team Lead will work together to structure the engagement to ensure that the

CISA team does not come into contact with such data to the maximum extent possible or that

appropriate data handling requirements have been put into place. The Site Monitor and CISA Team

Lead will also discuss in advance what initial actions should be taken in the event that unforeseen

sensitive data is encountered during CISA team services.

3.8 For assessments conducted onsite at the _____ facility, the Site Monitor may request and is

permitted to authorize _____ IT staff or security personnel to scan the CISA team assessment

equipment for vulnerabilities prior to network connection using agreed upon vulnerability scanning

tools. However, assessment equipment contains code and technical references, which are not to be

viewed, distributed or evaluated by external organizations. Under no circumstances will the CISA

team’s Government Funded Equipment (GFE) be relinquished from the control of the CISA team.

3.9 The Site Monitor may request that the CISA team conduct scanning activities on-site or remotely

through a virtual private network.

3.10 For assessments conducted on-site at the _____ facility, the Site Monitor will ensure that office

or conference room-type workspace with AC power and a minimum four internal network

jacks/drops with a live connection at the identified facility is available and provided to the CISA

Team. Personnel from _____ IT staff or security personnel are encouraged to observe the CISA Team

on-site.

3.11 For assessments conducted remotely, _____ is responsible for providing a virtual private

network connection. The Site Monitor will provide any information and support necessary for the

CISA Team to connect remotely.

3.12 In order to prepare for and conduct certain assessments, the CISA Team may passively compile

data from publicly-available and commercially-available resources, including information regarding

_____’s employees, network (e.g., registered network ranges and applications), and organization.

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This information, to the degree that it is not incorporated into the final report, will be deleted upon

completion of the selected assessment(s).

4 Assessment

During the assessment:

4.1 The CISA team will use GFE, Government Off-The-Shelf (GOTS), Commercial Off-The-Shelf (COTS)

and open-sourced software and hardware. Use of any particular software or hardware by the CISA

team is not a government endorsement or sponsorship of any product, service or company. A brief

description of any software or hardware used by the CISA team can be furnished in advance upon

request.

4.2 The CISA team will conduct any external assessment selected in Appendix A during the dates

specified in Appendix A.

4.3 The CISA team will conduct any internal assessment selected in Appendix A by connecting GFE to

_____’s network, either on-site or through a virtual private network provided by _____ as

determined by the Site Monitor, during the dates selected in Appendix A.

4.4 The CISA team will collect and analyze data from _____ systems, networks, and processes to assess

capability gaps in order to identify a road map for an enterprise-level risk based mitigation strategy.

4.5 For on-site assessments, the CISA team will provide to the Site Monitor a brief overview of daily

activities and an outbrief at the conclusion of the assessment.

4.6 The CISA Team Lead will notify the _____ Site Monitor if a perceived significant event occurs during

the assessment. The Site Monitor is responsible for having appropriate knowledge and

understanding of the _____ networks and systems, identification and/or confirmation of a

significant event, and taking appropriate action, which may include suspension and/or termination

of the assessment. In the event a significant event occurs that warrants termination of the

assessment, the CISA Team Lead and the Site Monitor will promptly provide to the _____ CIO or

equivalent authorized official, the _____ Site Authority, and the CISA Assessments Chief a written

account of the conditions and actions that led to the termination of the assessment. If the CISA

Team Lead and Site Monitor cannot agree on the account, both accounts will be provided.

4.7 In the event a disagreement arises between _____ and the CISA team during the assessment, best

efforts will be made to resolve such a disagreement at the lowest level possible.

5 Data Protection

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5.1 Consistent with 5 U.S.C. § 552(b), CISA will not disclose under the Freedom of Information Act

(“FOIA”) any information provided by _____ under this request that is exempt from disclosure,

including: Exemption (b)(3) as matters specifically exempt from disclosure by statute, Exemption

(b)(4) as trade secrets and commercial or financial information that is privileged or confidential, and

Exemption (b)(7)(A)-(F) as records or information compiled for law enforcement purposes.

5.2 Without limiting the previous sentence, _____ understands that this obligation will apply to any

written CISA notes of observations of _____ facilities and equipment (including computer screens),

that CISA will make determinations regarding FOIA requests on a case by case basis consistent with

its obligations under FOIA, CISA FOIA regulations, and its own internal guidance, and that any

determinations regarding specific FOIA exemptions will be made at the time that the responsive

records are processed. CISA shall provide _____ an opportunity to object to disclosure as provided

by applicable law.

5.3 _____ understands that information provided by _____ that meets the definition of cyber threat

indicator or defensive measure as defined in the Cybersecurity Information Sharing Act of 2015 (the

“2015 Act”), 6 U.S.C. § 1501-1510, and that is provided in accordance with the 2015 Act’s

requirements, will be protected as provided by the 2015 Act (including protection from release

under FOIA). See the Non-Federal Entity Sharing Guidance under the Cybersecurity Information

Sharing Act of 2015 published by the Department of Homeland Security and the Department of

Justice, available at https://www.us-cert.gov/ais.

5.4 Further, the 2015 Act may offer disclosure protection for the final report when in _____’s

possession, as the 2015 Act provides a basis in federal law for state, local, and territorial (SLT)

governments to exempt vulnerability information received from CISA from disclosure under any STL

freedom of information law, open government law, open meetings law, open records law, sunshine

law, or similar law requiring disclosure of information or records. See 6 U.S.C. 1503(d)(4)(B). This

exemption applies to a “cyber threat indicator or defensive measure;” the 2015 Act explicitly defines

“cyber threat indicator” to include “a security vulnerability” (See 6 U.S.C. § 1501(6)(C)) and defines

“defensive measure” to include any action, procedure, technique, or other measure to prevent or

mitigate a known or suspected cybersecurity threat. See 6 U.S.C. § 1501(7)). STL governmental

entities, rather than CISA, are responsible for asserting this basis for withholding in response to any

such requests under their own STL disclosure laws.

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https://www.us-cert.gov/ais

DHS CISA Dated: _________________

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5.5 Collected data and assessment results may be anonymized and used to support government-wide

trending analysis. Any data or assessment results used in trending status reports will be non-

attributable to _____.

5.6 CISA will not share _____’s specific data and final report except as may be required by law.

6 Post-Assessment

6.1 The CISA team will provide _____ with a final report within 30 days. The final report is provided “as

is” for informational purposes only. The Department of Homeland Security (DHS) does not provide

any warranties of any kind regarding any information contained within. DHS does not endorse any

commercial product or service, referenced in the final report or otherwise. Further dissemination of

the final report may be governed by a Traffic Light Protocol (TLP) marking in the header, if present.

For more information about TLP, see http://www.us-cert.gov/tlp/.

6.2 _____ understands that it is under no obligation to implement any changes to its information

systems that CISA may recommend.

7 Dispute Resolution

Disputes will be resolved at the lowest level possible.

8 Amendment

Unless otherwise specified, this ROE may be amended by the mutual written agreement of the _____ CIO or equivalent authorized official and the CISA Assessment Chief at any time.

9 Termination

This ROE may be terminated either bilaterally by the mutual written agreement of the _____ CIO or equivalent authorized official and the CISA Assessments Chief at any time or unilaterally with thirty (30) days written notice.

10 Approval

By signing below, the approving _____ official certifies the following:

• _____ authorizes the CISA team to provide services on _____ networks and systems in each Appendix A;

• _____ agrees to obtain and provide to CISA a written authorization using the form at Appendix B from every third party that operates or maintains _____ networks/systems listed in each Appendix A;

• _____ agrees to ensure that _____ network users have received notice and consent in accordance with this ROE;

• _____ accepts that, while the CISA team will use its best efforts to conduct its activities in a way that minimizes risk to _____ systems and networks, all of the tests described above,

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and especially penetration testing or a red team assessment (if selected) create some risk to _____ systems and networks;

• _____ accepts the risks to _____ systems and networks that may occur as a result of activities described in this ROE;

• _____ acknowledges that CISA provides no warranties of any kind relating to any aspect of the assistance provided under this ROE;

• _____ accepts the risk of any damage that may result from implementing any guidance provided by DHS; and

• _____ has authorized you to make the above certifications on its behalf.

(Signature, Chief Information Officer or Equivalent) (Date)

(Print Name and Title) (Email and Telephone Number)

CISA Assessment Chief (Date)

For CISA Assessments Use Only – ROE S/N:

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DATE: September 16, 2019

TO: Dave Mendiola, County Manager

FROM: Niki Linn, Human Services Coordinator

Based on direction received from the Board of County Commissioner’s Retreat, Humboldt County has the need to expand the office of Human Services. The new office at 26 East Haskell is scheduled for completion September 23rd. On September 5th, a meeting was held with Mike Macdonald, Wendy Maddox, Mike Montero, Abel del Real-Nava, Gina Rackley, Tami Spero, Koralee Bernardo, Kathy Brumm and me. The purpose of the meeting was to explore the possibility of setting up a new Human Services Department. The idea was unanimously supported by the group.

I am working closely with Judge Montero and his staff and we all see this as a huge benefit to the community. The Judge had mentioned the possibility of his department sharing a case worker position with Human Services. Tami is not interested in bringing on another employee under the Clerk’s office, which is completely understandable. She is in support of Human Services breaking the ties to the Clerk’s Office. Human Services has taken a proactive approach to dealing with mentally ill individuals, which includes intense case management. I have already experienced success with a number of clients. In order to meet the needs of our community, another staff member would be needed. Currently, I am on-call 24/7; it would be nice to share that duty.

The Judge pledged $250,000 from his budget to Human Services as “seed money” to grow the program. And thanks to Chairman French’s work with the NACO Board, Human Services recently received a direct deposit in the amount of $366,012 from the Indigent Accident Fund (IAF). The only stipulation for spending the IAF money that it must support the goal(s) stated in the application, which were to provide service to the mentally ill and to address transportation issues.

Mike Macdonald explained the process to set up a new department, which would begin with getting approval by the County Commission to pursue this endeavor. If approved, County Municipal Code would need to be revised. Abel is currently reviewing job descriptions for a Human Services Director and a Case Worker. The Human Services Director would attend all supervisory/managerial training.

Mr. Macdonald is also interested in transferring the day-to-day duties of the Public Guardian / Public Administrator to Human Services. The DA’s office would still handle all of the legal aspects of Public Guardian / Public Administrator.

My vision is not to be an all-inclusive department that does everything but rather to be part of a team of other agencies to work together to serve our community members. The focus would be on the mentally ill and super utilizers. The team is already in place for the most part; however, we need to collaborate better and provide more intense case management. The “multi-disciplinary team” most likely would include:

• Humboldt County Human Services

• Sixth Judicial District Court • Family Support Center • Humboldt General Hospital &

EMS • Winnemucca Police

Department • Humboldt County Sheriff’s

Office • Frontier Community Action

Agency

• Humboldt Connections Suicide Prevention

• Food Bank of Winnemucca • Veteran’s Resource Center • Local Churches

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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

BETWEEN HUMBOLDT COUNTY

AND MICHAEL CLAY CORPORATION

This AGREEMENT is entered into this _______ day of ______________, 2019 between Michael Clay Corporation, 410 Minor Street, Winnemucca, Nevada, Nevada Contractors License Nos. 4548(B), 4548A (C-4), 4548(C-15), 4548C (A), a Nevada corporation, (“CONSULTANT”) and Humboldt County, Nevada, a political subdivision of the State of Nevada, (“COUNTY”). RECITALS This AGREEMENT is predicated on the following facts: A. COUNTY requires certain professional oversight of the remodel/redesign of

county buildings and the design, installation and compliance of various aspects of its communications towers, lines or other necessities as it pertains to the COUNTY for the benefit of the citizens of Humboldt County.

B. CONSULTANT is qualified to provide these services and is willing to provide

them according to the terms of this AGREEMENT. NOW THEREFORE the parties agree as follows: 1. Duties of CONSULTANT a. CONSULTANT agrees to perform services as outlined in the section SCOPE OF

WORK attached and incorporated as Exhibit A. CONSULTANT agrees to perform these services diligently in accordance with the standards of its profession and to COUNTY’s satisfaction. Exhibit A is incorporated herein by reference.

b. In addition to the services described above, the parties may from time to time

agree in writing that CONSULTANT shall perform such additional services as may be mutually agreed to in writing for additional compensation.

c. Services provided by CONSULTANT will be conducted in a manner consistent

with that level of care and skill ordinarily expected by members of the profession currently practicing in this area under similar conditions. CONSULTANT shall be responsible for the professional quality and technical accuracy of all services furnished by CONSULTANT.

2. Time of Performance

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The services of CONSULTANT are to begin upon execution of this AGREEMENT and shall continue until all authorized work, including any additional work requested by COUNTY in connection with the project is completed by CONSULTANT and delivered to COUNTY. All authorized work shall be completed according to a schedule mutually agreed to by CONSULTANT and COUNTY, taking into account deadlines expressed by COUNTY and existing obligations of CONSULTANT as well as situations over which each party has no control. Any performance deadlines shall be tolled during such time that materials, data, or documentation required by and requested by CONSULTANT have not been furnished to CONSULTANT.

3. Compensation a. COUNTY agrees to pay CONSULTANT’s and its staff at the rates set forth and

described in Exhibit “B”. b. CONSULTANT may bill COUNTY for work done in the preceding month on a

monthly basis. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates in accordance with the rates described in Exhibit B, a total amount due for the period. In addition, CONSULTANT shall describe work that was completed during the monthly billing period.

c. Travel and other reimbursable expenses incurred by CONSULTANT in the

performance of this project shall be the responsibility of CONSULTANT. d. Each monthly bill shall be paid within 30 days of presentment. e. Maximum Amount. Notwithstanding subparagraphs (b) and (c), the maximum

payments under this AGREEMENT shall not exceed be a total amount of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) for professional services; provided, however, that such amounts shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered.

f. The parties shall agree in writing to any changes in compensation due to changes

in CONSULTANT’s services under Section 1(a) of this AGREEMENT. 4. CONSULTANT’s Status – Independent Contractor The parties agree that CONSULTANT is an independent contractor and this

AGREEMENT is entered into in conformance with the provisions of NRS Chapter 332. The parties agree that CONSULTANT is not an employee of COUNTY and there shall be no:

a. Withholding of income taxes by COUNTY;

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b. Industrial insurance provided by COUNTY; c. Participation in group insurance plans which may be available to employees of

COUNTY; d. Participation or contributions by either the independent contractor or COUNTY to

any public employees’ retirement system; e. Accumulation of vacation leave or sick leave; or f. Unemployment compensation coverage provided by COUNTY if the

requirements of NRS 612.085 are met. Further, it is agreed that CONSULTANT is solely responsible for its acts. Neither

CONSULTANT nor its agents, servants, and employees are COUNTY’s agents, employees, or representatives for any purpose.

5. Conflict of Interest CONSULTANT understands that its professional responsibility is solely to

COUNTY. CONSULTANT warrants that it presently has no interest and will not during the pendency of this AGREEMENT acquire any direct or indirect interest that would conflict with its performance of this AGREEMENT. CONSULTANT shall not employ a person having such a conflicting interest in the performance of this AGREEMENT.

6. Ownership of Work All documents furnished to CONSULTANT by COUNTY and all reports or work

products described in Exhibit A prepared by CONSULTANT under this AGREEMENT are COUNTY’s property and shall be given to COUNTY at the completion of CONSULTANT’s services or within ten (10) days of any written request by COUNTY.

7. Assignment and Subcontracts

CONSULTANT’s services are considered unique and personal. CONSULTANT will not assign or transfer his interest or obligation under this AGREEMENT as specified in the SCOPE OF WORK as attached and incorporated as EXHIBIT A without COUNTY’s written consent. CONSULTANT shall not subcontract its duties under this AGREEMENT without COUNTY’s written consent. This agreement is binding on the heirs, successors, and assigns of the parties hereto.

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8. Insurance

CONSULTANT, at its own expense, shall maintain for the duration of this AGREEMENT, the following insurance coverage: Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $2,000,000 combined single limit, including coverage for: (i.) bodily injury, (ii.) personal injury, (iii.) broad form property damage, (iv.) contractual liability, and (v.) cross-liability. As evidence of such insurance, COUNTY will accept certification of insurance issued by an authorized representative of the insurance carrier. Coverage must be provided by an insurance company licensed to do business within the State of Nevada with an A.M. Best Rating of A-Class VII or better. Each certificate shall contain a 30-day written notice of cancellation to the certificate holder. CONSULTANT shall maintain during the term of this agreement:

a. Workers’ Compensation in the minimum statutorily required coverage amounts in

accordance with Nevada. CONSULTANT, if self-employed, is only required to provide coverage for himself if required by Nevada, and if not, at his discretion.

All insurance shall cover CONSULTANT, its agents, representatives, employees and subcontractors in connection with the performance of this AGREEMENT. In addition, CONSULTANT shall require each subcontractor approved by COUNTY to similarly maintain Workers’ Compensation Insurance and employer’s liability insurance for all subcontractors’ employees. CONSULTANT will provide proof of insurance to COUNTY within thirty (30) days of signing this AGREEMENT.

9. Indemnification and Limited Liability

COUNTY shall defend, indemnify and hold CONSULTANT harmless from all claims, damages, costs or expenses that may arise as a consequence of COUNTY’s action or inaction on CONSULTANT’s recommendations and findings in connection with the performance of this AGREEMENT. COUNTY does not waive any of its defenses or limitations on liability as allowed by NRS Chapter 41 or any other applicable laws. To the fullest extent permitted by law, CONSULTANT shall defend, indemnify and hold harmless the COUNTY and its officers, employees and agents (collectively “Indemnitees”) from any liabilities, damages, losses, claims, actions or proceedings, including without limitation, reasonable attorney’s fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of CONSULTANT or the employees or agents of CONSULTANT in the performance of this AGREEMENT.

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10. Notices

Any notice given under this AGREEMENT shall be in writing and deemed given when personally delivered or delivered by the U.S. Postal Service as Certified Mail or Registered Mail addressed to the parties as follows:

COUNTY CONSULTANT Humboldt County Michael Clay Corporation Mr. Dave Mendiola, County Administrator Mike Shepard, President 50 West Fifth Street 410 East Minor Winnemucca, NV 89445 Winnemucca, Nevada 89445

11. Litigation

The parties agree that performance of this AGREEMENT shall be governed by the laws of the State of Nevada and any litigation under this AGREEMENT shall be brought in that state. Any action to interpret, enforce or set aside this agreement shall be brought in, or transferred to, the Nevada District Court for Humboldt County. If either party brings an action to enforce this AGREEMENT, the prevailing party is entitled to reasonable attorney’s fees and costs.

12. Waivers Waiver of a breach or default under this AGREEMENT shall not constitute a

continuing waiver or waiver of subsequent breach of the same or any other provision of this AGREEMENT.

13. Modification

No waiver, modification, or termination of this AGREEMENT is valid unless made in writing and signed by both parties.

14. Severability

If any term of this AGREEMENT is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect.

15. Termination a. At any time and without cause, either party may terminate this AGREEMENT by

giving thirty (30) calendar days written notice. In the event of termination without cause, COUNTY shall pay CONSULTANT for services rendered to date of termination, and CONSULTANT shall deliver any work product to COUNTY upon termination, whether complete or incomplete.

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16. Taxes

CONSULTANT shall pay any and all Federal, State and local taxes, charges, fees or contributions required by law to be paid with respect to CONSULTANT’s performance of this AGREEMENT (including, without limitation, unemployment insurance, social security and income taxes).

17. No Third Party Beneficiaries

Nothing in this AGREEMENT, express or implied, is intended to or shall confer upon any other person, any right, benefit or remedy of any nature whatsoever under or by reason of this AGREEMENT.

18. Contradictory Provisions

If any provisions of this AGREEMENT conflict with the terms set forth in the SCOPE OF WORK, then the terms set forth in this AGREEMENT shall govern.

19. Counterparts

This AGREEMENT may be executed in one duplicate originals or counterparts for each party hereto, and is binding on a party only when all parties have signed and received a duplicate original.

20. Due Authorization

Each party represents that all required authorizations have been obtained to execute this AGREEMENT and for the compliance with each and every term hereof. Each person signing this AGREEMENT warrants and represents to the other party that he or she has actual authority to execute this AGREEMENT on behalf of the party for whom he or she is signing. A facsimile signature on this AGREEMENT shall be treated for all purposes as an original signature.

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21. Entire Agreement

This AGREEMENT and its Exhibit(s) set forth the entire understanding between the parties. Changes and amendments shall be made in writing and signed by the parties.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the date above written. For HUMBOLDT COUNTY For CONSULTANT MICHAEL CLAY CORPORATION By________________________________ By_________________________________ Name______________________________ Name______________________________ Title_______________________________ Title_______________________________ Date:_______________________________ Date:_______________________________ Attest: This ____ day of __________, 2019. HUMBOLDT COUNTY CLERK ___________________________________ TAMI SPERO

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EXHIBIT “A” SCOPE OF WORK

__________________________________________________________________

CONSULTANT agrees to perform the following consulting services for Humboldt County:

CONSULTANT shall represent OWNER’S in the coordination and logistics including, but not limited to, the Public Safety Radio Project, Veterans Building Renovation and Remodel of Humboldt County Juvenile Detention Center working with OWNER’S staff, design professionals, contractors, and others as needed for the following: New Tower Sites: 1) Rose Creek 2) Sports Complex 3) Winnemucca Mountain 4) McDermitt 5) Siapan Peak 6) Eagle Creek 7) Golconda Summit Renovated Sites: 1) Double H 2) Lone Tree 3) Golconda Fire House 4) Valmy Veterans Hall Remediation of hazardous materials and minor remodel: Humboldt County Juvenile Detention Center Renovation and conversion of half of the cell area to youth housing:

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EXHIBIT “B” FEE SCHEDULE

__________________________________________________________________

Project Manager: Mike Sheppard $200.00 per hour Inspection and Administration: Clay Sheppard / Jon Dill $100.00 per hour Administration & Compliance: Terry Jensen / Cheryl Tangreen$70.00 per hour Travel & Per diem: reimbursable @ cost plus 15% Copies, Offices Supplies, FedEx, US Mail: reimbursable @ cost plus 15%

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SUMMARY: RESOLUTION PROCLAIMING SEPTEMBER 20, 2019 AS “POW / MIA RECOGNITION DAY IN HUMBOLDT COUNTY, NEVADA” RESOLUTION NO: _________ WHEREAS, 1,589 Americans are still listed as missing from the Vietnam War, as well as 7,663 unaccounted for from the Korean War, 126 from the Cold War, 5 from Operation Desert Storm and Iraqi Freedom, and 72,707 from World War II, though thousands from World War II are assessed as unrecoverable deep-sea losses; and WHEREAS, the families and friends of unaccounted for Vietnam Was Veterans, as well as countless fellow Veterans, and other Americans, still await recovery and identification of their remains or, if determined unrecoverable, certainty regarding their fates; and WHEREAS, agencies and organizations, such as the Defense POW/MIA Accounting Agency at Joint Base Pearl Harbor Hickam, Hawaii, the National League of POW/MIA Families, and the National League of Families of American Prisoners and Missing in Southeast Asia are committed to recovering information about personnel lists as POW or MIA; and WHEREAS, the U.S. government has been jointly working with the governments of Vietnam, Laos, and Cambodia to recover information and bodies from the conflicts in Southeast Asia; and WHEREAS, families and friends of soldiers and civilians lists as POW/MIA remain hopeful that they will one day be reunited with their loved ones; and WHEREAS, the bravery, commitment, and selflessness displayed by American soldiers, prisoners of war, those missing in action, and their families, who have fought to secure and preserve our Nation’s freedom and security and uphold our democratic values, serve as admirable examples of patriotism and loyalty for all Americans; and WHEREAS, it is important for all Americans to recognize and be thankful for the sacrifices made by American soldiers and our allies in the past, present and future; and WHEREAS, this day of recognition is directed for remembrance, education, and honor upon all American prisoners of war and all the men and women missing in action; and

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WHEREAS, we demonstrate our deep gratitude and admiration for our brave patriots not in words alone, but in our actions to bring them home; and WHEREAS, on Prisoner of War/Missing in Action (POW/MIA) Recognition Day, the stark black and white flag honoring America’s prisoners of war and those missing in action will be flown at locations across the country as a powerful reminder that our Nation will never cease in our task to recover, remember, and honor the courageous men and women who have served and sacrificed so much for each of us NOW THEREFORE BE IT RESOLVED, that the Humboldt County Board of Commissioners does hereby proclaim September 20th, 2019 as

“POW/MIA RECOGNITION DAY IN HUMBOLDT COUNTY, NEVADA” ADOPTED this 16th day of September, 2019 By: THE BOARD OF COUNTY COMMISSIONERS OF HUMBOLDT COUNTY _____________________________ Jim French, Chairman ATTEST: _______________________________ Tami Rae Spero, County Clerk

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humboldt county board of commissioners september 16, 2019 … · 2019-09-11 · 04-0381-12 roll...

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