MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF NAGS HEAD
AND THE NETWORK FOR ENDANGERED SEA TURTLES (N.E.S.T.)
WHEREAS the sea turtle nesting season extends from approximately May 15 through September and depending on environmental factors and nesting cycles, as late as November 1, of each year. And further, during the nesting season the identification and location of nest sites of endangered sea turtles along the oceanfront beach is necessary to ensure the preservation of the species;
AND WHEREAS N.E.S.T. is a nonprofit organization pursuant to section 501(C)3 of the Internal
Revenue Code and operates a sea turtle protection program pursuant to authority of Permit number
000ST49 dated January 5, 2000 issued by the North Carolina Wildlife Resources Commission. The program provides for patrols of the oceanfront beach during the sea turtle nesting season for the purpose of locating, identifying, marking for protection, and if necessary for safety reasons, the relocation of sea turtle nesting sites;
AND WHEREAS The Town of Nags Head in furtherance of its environmental protection policies desires to facilitate and support the protection of sea turtle nests and to assist, facilitate and support the efforts of N.E.S.T. in the protection of sea turtle nesting sites.
NOW THEREFORE, The Town of Nags Head and The Network For Endangered Sea Turtles enter into this Memorandum of Understanding for the purpose of providing for the protection of sea turtle nesting sites along the oceanfront within the corporate limits of Nags Head, the terms of which are as follows:
1. N.E.S.T. agrees to provide patrols of volunteers appropriately trained to locate, identify and, if necessary, relocate endangered sea turtle nests along the Nags Head oceanfront during the appropriate hours as determined by N.E.S.T. between May 15 and September 15 of each year, and in the event of an extended nesting season as N.E.S.T. shall determine, until the end of the nesting season.
2. N.E.S.T. will provide a reasonable response following a weather related declared disaster, to inspect the Town's oceanfront beaches after the passage of a hurricane or storm to identify and locate endangered sea turtle nests prior to debris removal or sand pushing operations. Coordination of this response shall be through the Nags Head Police Division.
3. Nags Head will grant a special oceanfront beach driving permit for the period of the nesting season in order that local N.E.S.T. program "ATV" operators may patrol the oceanfront beaches of
Nags Head to facilitate the identification, location and relocation of endangered sea turtle nests. In the event of an extension of the nesting season the permit shall be extended for a period of time; as agreed to by the Town of Nags Head, to accommodate operations during the extended season.
4. The Town of Nags Head will assist the local N.E.S.T. program by conducting an annual endangered sea turtle nest lighting survey during the first week in June of each year.

5. Local N.E.S.T. program volunteers will train Nags Head police officers, the animal control officer, ocean rescue and public works personnel in endangered sea turtle nest identification. Nags
Head's public work's personnel will provide reasonable assistance in the removal of sick or injured endangered sea turtles and provide for the proper disposal of dead sea turtles found on the Town's oceanfront beaches. Coordination for the purposes of this provision shall be with the Nags Head
Public Works Director and Chief of Police, as appropriate.
6. Nags Head police officers will provide assistance checks of local N.E.S.T. volunteers whenever they are performing N.E.S.T. program duties on the Town's oceanfront beaches and are watching a sea turtle nest just prior to, during and immediately following a sea turtle hatching process.
7. The Town of Nags Head will, in accordance with N.C. Gen. Stat. §§160A-279 and 160A-267, convey to The Network For Endangered Sea Turtles (N.E.S.T.) an ATV that as of the date of this
Agreement is used by N.E.S.T. to patrol the oceanfront beaches within the Town in order to facilitate the protection of endangered sea turtles and which shall continue to be used for that purpose.
Beginning in May of the year 2007, and every four (4) years thereafter, the Town will, in accordance with N.C. Gen. Stat. §§160A-279 and 160A-267, convey a new ATV to N.E.S.T. which shall be used by
N.E.S.T. to patrol the oceanfront beaches within the Town in order to facilitate the protection of endangered sea turtles. The Town will appropriate annually to N.E.S.T. funds in the amount of
$1,000.00 which shall be used by N.E.S.T. to provide for the care, upkeep and maintenance of the
ATV and to acquire liability insurance for the use, operation and maintenance of the ATV.
8. In performing the SERVICES, NEST is acting as an independent contractor and shall perform
SERVICES in accordance with currently approved methods and practice in the Nest's professional capacity and in accordance with the standards of applicable professional organizations and licensing agencies.
9. NEST shall indemnify and save harmless the TOWN, its agents and employees from and against all actions, liability, claims, suits, damages, cost of expenses of any kind which may be brought or made against the TOWN or which the TOWN must pay and incur by reason of or in any manner resulting from injury, loss or damage to persons or property resulting from negligent performance of or failure to perform any of its obligations under the terms of this agreement.
10. NEST shall be fully responsible to the TOWN for the acts and omissions of its agents, subcontractors and of persons either directly or indirectly employed by it.
11. In addition, NEST shall comply with the North Carolina Worker's Compensation Act and shall provide for the payment of workers' compensation to its employees in the manner and to the extent required by such Act. In the event NEST is excluded from the requirements of such Act and does not voluntarily carry workers' compensation coverage, NEST shall carry or cause its employees to carry adequate medical/accident insurance to cover any injuries sustained by its employees or agents during performance of SERVICES. NEST agrees to furnish the TOWN proof of compliance with said
Act or adequate medical/accident insurance coverage upon request.
12. NEST shall furnish to TOWN a Certificate of Insurance from an insurance company, licensed to do business in the State of North Carolina and acceptable to the TOWN verifying the existence of any insurance coverage required by the TOWN. The Certificate will provide for sixty (60) days advance notice in the event of termination or cancellation of coverage.

13. This agreement replaces and supersedes any prior agreement between the parties.
Except for the commitment and expenditure of public funds in excess of any authorized by the Nags
Head Board of Commissioners to carry out the provisions herein, this memorandum of understanding may be modified from time to time by consultation between N.E.S.T. and the Town Manager. All modifications shall be committed to writing and made a part hereof. This memorandum of understanding shall be in full force from and after the 1st day of June 2005, and shall continue from year to year until terminated by either party by written notification to the other party.
Town of Nags Head Network For Endangered Sea Turtles
By: _______/S/_________________
President
By: _______/S/_______________
J. Webb Fuller, Town Manager
This instrument has been preaudited in the manner required by the Local
Government Budget and Fiscal Control
Act.
________/S/_________________
Kim Kenny, Acting Finance Officer