JOINT POWERS
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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 |