JOINT POWERS  
EASTERN MADERA CO. FIRE SAFE COUNCIL 
COARSEGOLD RESOURCE CONSERVATION DISTRICT

 
JOINT EXERCISE OF POWERS AGREEMENT

By and Between 

EASTERN MADERA COUNTY FIRE SAFE COUNCIL

And

COARSEGOLD RESOURCE CONSERVATION DISTRICT

Forming the  

CRCD-FSC JOINT POWERS AUTHORITY

 

This Agreement dated for convenience as of June 24, 2004, by and between the Eastern Madera County Fire Safe Council, and the Coarsegold Resource Conservation Districts both independent and autonomous public entities established in Madera County, State of California. This shall pertain to all lands, both public and private, above the 1,000 feet elevation to the crest of the Sierra-Nevada Mountains.

 

WITNESS

This Cooperative Agreement (Agreement) is entered into by the Coarsegold Resource Conservation District (CRCD), the Eastern Madera County Fire Safe Council, hereinafter referred to as Fire Safe Council, The Agreement is entered into under the authority of the Secure Rural Schools and Community Self-Determination Act of 2000 (H.R. 2389 Title III Projects); State of California Public Resource Code, Div. 9.; and the Memorandum of Understanding dated February 28, 1998.

STATEMENT OF PURPOSE

All parties have the common objectives of 1) improving and enhancing the land health and the forest, land, air, and water ecosystem of Eastern Madera County and 2) recognizing the sovereign citizens and their habitat as a   major natural environ and by assisting Eastern Madera County residents to a better quality of life.    To achieve these objectives, the collaborating parties have agreed to combine their resources to support “Conservation Occupations and Resource Education”, hereinafter referred to as CORE, and other any program, grant, funding or contribution which meets the plans and objectives of the CRCD or FSC. All parties recognize that the collaborative project CORE will allow the accomplishment of both objectives and that Eastern Madera County will reap the benefits of an improved economy and environment for Eastern Madera County residents. While each party is independent and has its own respective responsibilities, all parties recognize the need to coordinate as a federal/local partnership for the successful delivery of a conservation program that will improve land health as well as the employment health of Eastern Madera County.

IT IS UNDERSTOOD THAT:

CRCD will be recognized as the lead agency in this cooperative project. CRCD and FSC are legal subdivisions of the State of California, which are the primary providers of administrative, financial, educational and other assistance. The seven  (7) Board of Directors of the CRCD shall set on the Executive Board of the FSC. The Coarsegold Resource Conservation District is blessed with very strong powers and authority. At the County level they are appointed by the Board of Supervisors, at the State level is empowered under the Public Resource Code, and at the Federal level are a legal empowerment under the State Soil Conservation District Law and the Farm Bills. They have a Mutual Agreement between the U.S.D.A., State of California and the SRCD signed by the Secretary of Agriculture, dated February 26, 1998. This was authorized by the Soil Conservation and Domestic Allotment Act: 16:590; the Department of Agriculture Reorganization Act of 1994, Public Law No. 103-354; and the Secretary’s Memorandum # 1010-1, dated October, 1994.

The Fires Safe Councils of California were established in April 1993, by the Department of Forestry and Fire Protection for sovereign citizens of the Counties to voice concerns about public safety issues and protect the social and economic interests of the Community. This shall include the review of any proposed public regulations effecting this agreement.

CRCD will be the responsible agency for management of Madera County Board of Supervisor’s approved Title III monies used to support CORE and all other funds. The Fire Safe Council, will cooperate with CRCD to implement the specific goals and objectives of the CORE Project, fire protection and prevention, natural resource, and unalienable rights of the sovereign citizens of the region. Therefore, all parties will cooperate to implement the projects according to their available resources, statutory authorities, and regulations.

Broad based forestry, land, water and air conservation and employment programs delivered through the cooperation of this partnership are vital to the conservation of the natural resources, economic stability and well being of our nation.

The parties affirm the desire for a strong working relationship between the Fire Safe Council, and the CRCD.

This agreement establishes an enduring basis for cooperation and assistance between the parties to achieve common natural resources conservation and economic stability goals and objectives. Authority to carry out specific projects or activities, such as the transfer of funds, acquisition of services, and property will be carried out under separate fund obligating documents.

FORMATION OF THE AUTHORITY

There is hereby created pursuant to the Law and agency and public entity to be known at the “CRCD-FSC Joint Powers Authority”. As provided in the Law, the Authority shall be a public entity separate from the Members and the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the Members or either of them. The Authority shall own and hold title to all funds, property, and works acquired during the term of this agreement.

TERM OF AUTHORITY

This agreement shall become effective as of the date hereof and shall continue in full force and effect until termination by a member giving ninety (90) days notice of termination to the other member.

POWERS AND RESTRICTIONS

The Authority is authorized, it its own name, to do all acts necessary or convenient for the exercise of such powers for the purpose that each of its Members could do separately. Such powers shall be exercised subject only to such restrictions upon the manner of exercising such powers as are imposed upon the CRCD as set forth in Division 9, of the Public Resource Code, and Memorandum of Agreements as signed with various Public Entities.

BOARD OF DIRECTORS

The Board of Directors (7) of the Coarsegold Resource Conservation District (CRCD) shall serve on the Executive Board of Directors of the Eastern Madera County Fire Safe Council (FSC). The Board of Directors of the FSC shall serve as Associate Members on the CRCD. The term of office shall be set and determined by the respective Members regulations.

GENERAL MANAGER AND MEETINGS

The General Manager of the Authority shall be the elected President of the CRCD and the Vice President of the Authority shall be the Executive Director of the FSC. Meetings shall be held monthly of the same date, with the CRCD meeting, followed by the FSC, and the CRCD-FSC Joint Powers Authority, except the agenda maybe combined to cover like items.

SEVERABILITY

 Should any part, term or provision of the Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. This agreement may be amended by a supplement agreement executed by the combined members at any time.

IN WITNESS WHEREOF the parties hereto have caused the agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written.

 

Eastern Madera County Fire Safe Council Coarsegold Resource Conservation District
By: _________________________ By: __________________________
Robert Buckles, Executive Director W. Tom Wheeler, President
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