Santa Monica Mountains Conservancy

Santa Monica Mountains Conservancy
Joint Exercise of Powers Agreement

Eastern Ventura County Conservation Authority

THIS AGREEMENT is entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the Government Code relating to the joint exercise of powers between the following parties:

THE SANTA MONICA MOUNTAINS CONSERVANCY, (hereinafter "The Conservancy") a public agency of the State of California established pursuant to Division 23 of the Public Resources Code (Section 33000 et seq.);

THE COUNTY OF VENTURA, (hereinafter "The County") a duly constituted political subdivision of the state of California established pursuant to Title 3 (commending with Section 23000) of the Government Code.

WHEREAS, The Conservancy has the authority and expertise to acquire, develop, and conserve open space and other parkland for the public benefit, and for public recreation use and enjoyment; and

WHEREAS, The County have the authority and expertise to acquire, develop, and conserve open space and other parkland for the public benefit and for public recreation use and enjoyment; and

WHEREAS, Pursuant to Title 1, Division 7, Chapter 5 of the Government Code, commonly known as the Joint Exercise of Powers Act, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and

WHEREAS, The land within the Santa Monica Mountains Zone, and within the boundaries of said Districts, constitutes a unique and valuable economic, environmental, agricultural, scientific, educational, and recreational resource which should be held in trust for present and future generations; and

WHEREAS, The Conservancy and the County find and determine that it would be to their mutual advantage and the public benefit to coordinate their power and authority and expertise to facilitate the acquisition, development, and conservation of such lands; and

THEREFORE, The parties mutually agree as follows:

SECTION 1. TERM OF AGREEMENT

1.0. This Agreement shall become effective upon the date last executed and shall continue until terminated by action of either party giving the other party three months notice of termination.

SECTION 2. PURPOSE OF AGREEMENT

2.0. The general purpose of this Agreement is to acquire, develop, and conserve existing and proposed parks, open space lands, trails, trail corridors, and public access points within the jurisdictional boundaries of the respective parties to this agreement. Special emphasis shall be given to the conservation and appropriate development of trails, trail corridors, and public access points of the eastern unincorporated portion of Ventura county, and lands under the jurisdiction of the Santa Monica Mountains Conservancy.

SECTION 3. CREATION OF AUTHORITY

3.0. The Authority hereby created shall be a separate public entity which shall be known as "The Eastern Ventura County Conservation Authority" hereinafter referred to as "Authority". By no later than December 1, 1989, the Authority shall submit to the parties a work program for interim management and development of those portions of Happy Camp Canyon Regional Park which are to be kept in a natural condition.

SECTION 4. POWERS OF AUTHORITY

4.0. The Authority shall have all powers common to the parties to this Agreement, and such other powers as may be provided by statute applicable to local park agencies which relate to park and open space real property and associated personal property. Said common powers include, but are not limited to, all those powers specified in Government Code Section 6508. The Authority shall contract with existing public entities, including other joint powers agencies composed of one or more parties to this Agreement, for the performance of all field operations and services, except to the extent that the Governing Board determines otherwise.

4.1. In addition to those powers specifically set forth herein, the Authority shall have such additional powers as apply generally to separate public entities established pursuant to the Joint Exercise of Powers Act (Chapter 5 (commending with Section 6500) of Division 7 of Title 1 of the Government Code) insofar as such powers are necessary or convenient to carry out the purposes and objectives of this Agreement.

4.2. The Authority is hereby empowered to do all acts necessary for the exercise of such powers within the Santa Monica Mountains Zone and the unincorporated portion of the County.

4.3. Such powers are subject to the restrictions upon the manner of exercising the powers as imposed upon the County of Ventura, provided in and for the purposes of Government Code Section 6509.

SECTION 5. GOVERNING BOARD

5.0. The Authority shall be governed by its Governing Board which shall consist of three (3) members, who shall be appointed as follows:

A. One (1) member shall be the member of the Conservancy appointed by the Conservancy.
B. One (1) member shall be the member of the Conservancy serving as the representative of the County of Ventura.
C. One (1) member shall be a member of the Ventura County Board of Supervisors or his or her designee.

SECTION 6. MEETINGS

6.0. The Governing Board of the Authority shall fix the hour, date, and place for its regular meetings. Special meetings may be held as provided for in the Ralph M. Brown Act (Government Code Section 54950 et seq.).

6.1. All meetings of the Governing Board shall be called, held, and conducted in accordance with the provisions of the Ralph M. Brown Act and with such further rules of the Governing Board as are not inconsistent therewith.

6.2. The Executive Officer of the Authority shall keep, or cause to be kept, the minutes of the Governing Board's meetings, both regular and special, and shall as soon as possible after each meeting, forward a copy of the minutes to each member of the Governing Board and to the Conservancy.

SECTION 7. QUORUM AND PROCEDURE

7.0. A majority of the appointed members of the Governing Board shall constitute a quorum necessary for the transaction of business. The affirmative vote of a majority of the quorum shall constitute an action of the Governing Board. The Governing Board shall establish its own procedures, consistent with applicable laws, for conducting meetings.

SECTION 8. COMPENSATION AND OFFICE

8.0. The members of the Governing Board shall serve without compensation except that a reasonable allowance or reimbursement for attendance at meetings of the Governing Board, as determined by the Governing Board, may be paid to the extent compatible with Government Code Section 1126, Public Contract Code Sections 10410 and 10411, and any other statutory provision.

8.1. The Governing Board, by resolution, shall designate a specific location at which it will receive notices, correspondence, and other communications and shall designate one of its members or employees as an "officer" for the purpose of receiving service of process on behalf of the Authority.

SECTION 9. OFFICERS

9.0. The Governing Board shall elect its own chairperson and vice chairperson. The chairperson shall preside over all meetings of the Authority. The vice chairperson shall preside in the absence of the chairperson.

SECTION 10. ADMINISTRATION

10.0. The administration of the affairs of the Authority shall be vested in a Executive Officer who, in addition to such other powers as are specified in this Agreement or by the Governing Board, shall perform the functions stated in Government Code Section 6505.1.

10.1. The Executive Director of the Conservancy shall serve, without additional compensation, as Executive Officer of the Authority, unless the Governing Board, by resolution, appoints another Executive Officer.

10.2. The Auditor/Controller of the County of Ventura shall be the duly appointed and acting treasurer and controller of the Authority. Such person is hereby designated as the Financial Officer of the Authority who shall perform the functions stated in Government Code Section 6505.5.

10.3. The staff counsel of the Conservancy shall, without additional compensation, be the duly appointed and acting counsel for the Authority, unless the Governing Board of the Authority shall otherwise determine.

10.4. To implement this Agreement, the parties may loan employees to the Authority. To achieve the purposes of this Agreement, the Authority may, from time to time, establish positions and fix the salaries of employees of the Authority. The Executive Officer of the Authority shall appoint such other employees for positions established by the Board and shall be responsible for the supervision thereof.

SECTION 11. FISCAL CONTROLS

11.0. The fiscal year of the Authority shall be the fiscal year of the County of Ventura.

11.1. To the extent funds are legally available therefore, the parties are hereby authorized to make payments and contributions of public funds, as provided in Section 6504 of the Government Code.

11.2. The Authority shall be strictly accountable for all funds, receipts, and disbursements. The Authority shall prepare an annual budget, in a form approved by the Conservancy and the District, which budget shall be submitted to the Conservancy and the District for approval, in the time and manner as specified by the Conservancy and the District. Public funds may not be disbursed by the Authority without approval of the adopted budget of the Authority, and all receipts and disbursements shall be in strict conformance with the adopted and approved budget.

11.3. The Treasurer/Tax Collector of the County of Ventura shall act as the treasurer of the Authority and shall have custody of all money of the Authority form whatever source. The treasurer so designated shall:

A. Receive all money of the Authority and place it in the treasury of the County of Ventura or other appropriate account, to the credit of the Authority.
B. Be responsible on his official bond for the safekeeping and disbursement of all Authority money so held by him or her.
C. Pay, when due, out of money of the Authority so held, all sums due on outstanding obligations of the Authority. Said sums shall be paid only by warrants of the public officer performing the functions of auditor or controller of this Authority.
D. Verify and report in writing on a quarterly basis to the Authority and to the Conservancy and Districts the amount of money held on account for the Authority, the amount of receipts since the last report, and the amount paid out since the last report.

11.4. The Auditor/Controller of the County of Ventura shall perform the functions of the auditor or controller of the Authority. He shall either make or contract with a certified public accountant to make an annual audit of the accounts and records of the Authority. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code, and shall conform to generally accepted auditing standards. Where an audit of an account and records is made by a certified public accountant, a report thereof shall be filed as public record. Such report shall be filed within 12 twelve months of the end of the fiscal year under examination. Any costs of the audit, including contracts with or employment of a certified public accountant, shall be borne by the Authority and charged against any unencumbered funds of the Authority.

11.5. The Authority shall have the power to invest any money in the treasury of the Authority that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code.

SECTION 12. BONDS

12.0. Each member of the Governing Board, the executive officer, and financial officer shall file an official bond with the Authority. When deemed appropriate by the Authority, a master bond may be utilized as referred to in Government Code Section 1481, and the bond shall also comply with the requirements of Title 1, Division 4, Chapter 3 of the Government Code, with those sections being deemed applicable to the Authority to the extent the Authority deems appropriate. The bond shall be in the amount of $50,000. The premium shall be paid by the Authority.

SECTION 13. LIABILITY

13.0. The tort liability of the Authority and of all members of the Governing Board, and the executive officer and employees of the Authority, shall be controlled by the provisions of Division 3.6 of the Government Code. The provisions of Division 3.6 of the Government Code relating to indemnification of public employees and the defense of actions arising out any act or omission occurring in the scope of their employment shall apply to all members of the Governing Board, officers, and employees with respect to the Authority.

13.1. Pursuant to Sections 6508.1 of the Government Code, the parties agree that the Conservancy shall assume all liabilities arising out of or with respect to:

A. The Conservancy shall retain liability for any and all actions taken by Conservancy personnel pursuant to a reciprocal management agreement between the Conservancy and the Authority; and
B. Any and all property owned by the Authority which is subject to a reciprocal management agreement between the Conservancy and the Authority.
C. Any and all property owned by the County over which the Authority or Conservancy has management responsibility, either established by this agreement, or by a subsequent agreement between County and the Authority that has been approved by the Conservancy.

13.2. In addition the Authority may insure itself and the parties, and the officers and employees of the parties, in a manner, form and amount appropriate and acceptable to the parties.

SECTION 14. PROPERTY MANAGEMENT AND DISPOSITION OF
PROPERTY AND FUNDS

14.0. Upon termination of this Agreement, the Authority forthwith shall wind up its affairs, including discharging all of its outstanding legal obligations. Personal property and funds remaining in the Authority shall be returned to the party from which the funds or personal property were obtained, except as mutually agreed by the parties. All real property owned by the Authority shall be conveyed to the public agency determined by the parties.

SECTION 15. NON-LIABILITY OF PARTIES

15.0. Except as provided in Section 13 of this Agreement, neither the Authority nor the Governing Board shall have the power or authority to bind the parties, or any of them, to any debt, liability, contract, or obligation, or to employ any person on behalf of the parties, or any of them; no debt, liability, contract, obligation, employee, or agent of the Authority or the Governing Board shall be or constitute thereby a debt, liability, contract, obligation, employee, or agent of the parties or any of them.

15.1. No action or omission of the parties or any of them shall be attributable to the Conservancy or the Districts except as expressly provided in Section 13 of this Agreement.

15.2. The Authority may maintain such public liability and other insurance as in its discretion is deemed appropriate and to the extent the cost of premiums thereof are provided for in the approved budget of the Authority.

SECTION 16. CONTRIBUTION OF CONSERVANCY

16.0. Exclusive of grants which the Conservancy may award from time to time to the Authority or to any of the parties to this Agreement, the Conservancy contribution to the Authority shall be less than $10,000 in any fiscal year. Contribution is here defined to include monetary contributions, if any, and the reasonable value of the services of any employees of the Conservancy loaned by it to the Authority, if any. The contribution, if any to the Conservancy shall be less than $10,000 in any fiscal year. This section shall not affect the mutual exchange of services between parties to this agreement and the Authority without payment of any consideration other than such services. Such mutual exchange of services is hereby authorized to the extent permitted by Section 6506 of the Government Code.

SECTION 17. NON-DISCRIMINATION

17.0. The provisions of the State of California Non-Discrimination Clause (Form 17B) are by this reference incorporated herein.

SECTION 18. APPLICATION OF POWERS

18.0. Insofar as powers common to the County, and not to the Conservancy, are exercised by the Authority, the Governing Board and officers thereof shall exercise such powers as the administering agency of this Agreement pursuant to Government Code Section 6506, notwithstanding the fact that they may be appointed by, or representative of, the Santa Monica Mountains Conservancy.

18.1 If the Conservancy is terminated by operation of law, the Authority shall terminate and property shall be disposed of in accordance with Section 14 above.

19.0 This agreement shall be liberally construed in order to effectuate its purposes of conservation and development of park, recreation, open space, and trail corridor resources.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative.