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HomeMy WebLinkAboutAGENDA REPORT 1992 0715 CC REG ITEM 11DMOORPARK TE m ��•�• 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 M E M O R A N D U M '0,'PARK, CALIFO,^<"r!A C; -Y Council Mating of % S_199�- ACTION: �y— TO: Honorable City Council FROM: Mary K. Lindley, Assistant to the City Manager DATE: July 7, 1992 (July 15 City Council Meeting) SUBJECT: Consider the Waste Commission's Action Plan and Joint Powers Authority for the Development of Regional Waste Processing Facilities Summary Council is in receipt of the Ventura County Waste Commission's Action Plan and Joint Powers Agreement (JPA) for the development and implementation of regional waste processing facilities. The Commission is requesting that each jurisdiction in the county approve the Plan and enter into the JPA. Staff is recommending that Council concur with the Action Plan and approve the City's participation in an east county JPA pending any changes to the current situation. Background On June 18, 1992, the Ventura County Waste Commission approved the release of its "Action Plan for Regional Waste Processing and Transfer Facility Implementation" and an accompanying Joint Powers Agreement (JPA) for the development and implementation of regional waste processing facilities. The Commission also took action to request that the County Board of Supervisors approve funding facility development and implementation costs with County Integrated Waste Management Program fees ( CIWMP). Increases in the CIWMP will result in increases to residential and commercial refuse customers. On April 6, 1992, the City Council had an opportunity to review and discuss the Commission's draft Action Plan. At that time the action taken by Council was to express agreement with the concepts PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember -- Waste Processing Facilities July 7, 1992 Page 2 outlined in the Plan. Since then a special study session was held with the Commissioners and City Managers to resolve outstanding policy issues relevant to the Action Plan. These issues and the consensus decision reached included the following: Issue Resolution Schedule Fast Track - Accelerate decision - making process to include shortened RFP process. Facility Ownership Turn -key public ownership option - Contractual agreement for real property buy -back included in RFP. Vendor Selection Abbreviated RFP - Solicitation and evaluation of proposals and interview top vendors. Site Selection Siting Corridor - Identify corridor along railroad as part of the RFP process. Management Interim JPA with 10 cities and the Structure County. Utilize the Commission, City Managers and existing staff. The Action Plan was revised to include the aforementioned issues. On July 2, 1992, Councilmember Montgomery, the City Manager, and I met with representatives from Simi Valley, Thousand Oaks, and the County to discuss concerns regarding participation in a JPA with the west county cities in light of Oxnard's and the Ventura Regional Sanitation District's (VRSD) actions to develop its own processing facility. The consensus of the meeting was to form an east county JPA to determine the feasibility of developing a processing facility in the east county. This would remove Moorpark and the other east county cities from the current debate over a west county or central facility. The CIWMP fee imposed at the Simi Valley Landfill would be used to pay for the East County JPA's costs and would be effective in January 1993. The east county jurisdictions would need to provide start up costs which would be reimbursed once revenue is generated from the CIWMP fee. Since the July 2 meeting, the Camarillo City Council, a VRSD member city, voted to send VRSD a letter stating its opposition to the VRSD's action and approving the regional JPA. County Solid Waste staff now believes that there is a strong possibility of gaining county wide consensus for the formation of a single JPA for the Waste Processing Facilities July 7, 1992 Page 3 development of regional waste processing facilities. For many, the action taken by Oxnard and the VRSD was seen as divisive and one of the reasons for a separate JPA for the east county jurisdictions. There is some indication that Oxnard will reverse its action and work with the Waste Commission. County Solid Waste staff is now strongly urging Moorpark, Simi Valley, and Thousand Oaks to participate in the countywide JPA. The Public Works and Facilities Committee (Councilmember Montgomery) and staff believe that Moorpark should support an east county JPA until such time that the City can be assured that its concerns regarding the scope of work and costs are addressed. Additional information should be forthcoming and conveyed to Council at the July 15 meeting. The feasibility of a county wide JPA is still evolving and Moorpark will need to continually monitor the situation. The Waste Commission will meet on July 16, 1992, at which time the recommended consultant will outline their proposed "scope of work" which should include the feasibility of a facility in the east county and the RFP. The presentation by the consultant and actions taken by the other cities may provide Moorpark with the assurances that it needs to make a commitment to a county wide JPA. If those assurances are not forthcoming, the City can proceed with the earlier consensus to participate in an east county JPA. Staff believes that Council should provide Councilmember Montgomery jj will the authorization to commit the City to the county wide JPA if G -16 the city's concerns are alleviated or to seek to form an East County JPA if that is in the best interest of Moorpark.`` Recommendation The Public Works and Facilities Committee (Councilmember Montgomery) and staff recommend that Council: 1. concur with the Ventura County Waste Commission's Action Plan for Regional Waste Processing and Transfer Facility Implementation, 2. Consider alternative actions on a JPA for regional waste processing facilities. Attachment: Waste Facility JPA JOINT EXERCISE OF POWERS AGREEMENT CREATING THE VENTURA COUNTY WASTE PROCESSING AND TRANSFER AUTHORITY THIS Joint Exercise of Powers Agreement ( "Agreement" herein) is made this - day of 1992 by and among the County of Ventura ( "County" herein) and those cities located within the County of Ventura that are signatories hereto ( "Cities" herein). All of said agencies shall be referred to collectively herein as "Parties." RECITALS WHEREAS, each of the Parties to this Agreement is a "public agency" as that term is defined in California Government Code, Section 6500, and is authorized to enter into joint powers agreements and to create joint powers authorities; and WHEREAS, each of the Parties has the power and responsibility to provide for solid waste handling services including, but not limited to, source reduction, recycling, and composting activities, and to provide for the collection, transfer, and disposal of solid waste for its jurisdiction; and WHEREAS, Public Resources Code Sections 40900 gl s=. require that the Parties implement their respective Source Reduction and Recycling Elements in order to accomplish state mandated waste diversion goals, and provide for residual transfer and disposal; and WHEREAS, pursuant to various laws, the Parties may purchase, condemn and acquire land for solid waste facilities and may enter into agreements for the purpose of jointly implementing their respective Source Reduction and Recycling Elements; and WHEREAS, pursuant to Government Code Sections 6500 pi seq., 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 create a joint powers authority to exercise such powers; and WIIEREAS, the Parties have found and determined that it would be to their mutual advantage and the public benefit to coordinate their power and authority and expertise to implement integrated waste management facilities and programs which meet the regional needs and requirements of the Parties; NOW, THEREFORE, the Parties mutually agree as follows: 11 -3� ARTICLE 1 DEFINMONS The following definitions shall apply to the provisions of this Agreement: AUTHORITY. "Authority" shall mean the Ventura County Waste Processing and Transfer Authority created by this Agreement. BOARD. "Board" shall mean the governing body of the AUTHORITY. COMMITTEE. "Committee" shall mean the advisory committee of the AUTHORITY composed of City Managers of the Executive Officers of the Parties or their designees. COMPOSTING. "Composting" shall mean the controlled biological decomposition of organic wastes that are separated from the SOLID WASTE stream. HOUSEHOLD HAZARDOUS WASTE ELEMENTS. "Household Hazardous Waste Elements" shall mean the respective household hazardous waste plans for the Cities and County prepared pursuant to Public Resources Code Sections 41500 and 41510. INTEGRATED WASTE MANAGEMENT. "Integrated Waste Management" shall mean a comprehensive program of SOLID WASTE management for the preservation of health, safety and the well-being of the public which makes adequate provision for SOLID WASTE diversion from landfills in response to the regional needs of the County and Cities, consistent with the policies, standards, and requirements of applicable state and federal laws and regulations. PLANNING AREA. "Planning Area" shall mean the incorporated and unincorporated area of the south half of Ventura County as depicted on Exhibit "A ". _ __ .... RECYCLING. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that woula otherwise become SOLID WASTE, and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the market place. RECYCLABLES. "Recyclables" shall mean paper, cardboard, glass, metal, plastic, wood, plant matter, compostables or other materials which can be reused or converted into useable products or raw materials for the production of new products or that have been included in a local RECYCLING program or identified as recyclables in applicable SOURCE REDUCTION AND RECYCLING ELEMENTS. SOLID WASTE. "Solid Waste" shall mean all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, other discarded solid and semisolid wastes, or dewatered, treated, or chemically fixed sewage sludge. Solid 11 -3u waste does not include hazardous waste. For purposes of this Agreement, Solid Waste shall also include RECYCLABLES. SOLID WASTE DISPOSAL. "Solid Waste Disposal" shall mean the final disposition of SOLID WASTE onto land. SOLID WASTE FACILITY. "Solid Waste Facility" shall mean a disposal facility or site, a SOLID WASTE PROCESSING AND TRANSFER FACILITY or a facility for RECYCLING or COMPOSTING. SOLID WASTE HANDLING. "Solid Waste Handling ". shall mean the collection, transportation, storage, transfer, or processing of SOLID WASTES. SOURCE REDUCTION. "Source Reduction" shall mean any action which causes a net reduction in the generation of SOLID WASTE. SOURCE REDUCTION AND RECYCLING ELEMENTS. "Source Reduction and Recycling Elements" shall mean the respective SOLID WASTE management plans for the Cities and County prepared pursuant to Public Resources Code Sections 40900 et gq. SOURCE REDUCTION AND RECYCLING ELEMENT IMPLEMENTATION. "Source Reduction and Recycling Element Implementation" shall mean the practical effectuation of waste diversion from disposal and the accomplishment of state mandated RECYCLING goals, and shall include, without limitation, the carrying out of specified SOURCE REDUCTION, RECYCLING, and COMPOSTING programs and the integrated management of SOLID WASTE FACILITIES and projects. PROCESSING AND TRANSFER FACILITY. "Processing and Transfer Facility" shall mean a facility utilized to receive separated or commingled RECYCLABLES and mixed SOLID WASTE, temporarily store, separate, convert, or otherwise process the materials and/or transfer such material for transport. ARTICLE 2 W. •B The purpose of the AUTHORITY created by this Agreement shall be to assist in the provision INTEGRATED WASTE MANAGEMENT and SOURCE REDUCTION AND RECYCLING ELEMENT IMPLEMENTATION in the PLANNING AREA and to accomplish this purpose the Authority shall, as its objectives, establish, regulate, own, acquire, develop, operate and /or contract to operate: A. One or more SOLID WASTE FACILITIES capable of processing separated and commingled RECYCLABLES for the PLANNING AREA. 11 -7 C' B. One or more SOLID WASTE FACILITIES capable of COMPOSTING organic materials for the PLANNING AREA. C. One or more PROCESSING AND TRANSFER FACILITIES capable of receiving, separating, and processing mixed wastes for the PLANNING AREA, and of transferring residual wastes for disposal. This AUTHORITY shall not engage in establishing, owning, of operating any SOLID WASTE FACILITY that has as its principle activity the disposal of SOLID WASTE. It is the Parties intent that the AUTHORITY will not operate SOLID WASTE FACILITIES but will contract for operations.. However, the AUTHORITY reserves the right to operate SOLID WASTE FACILITIES if the BOARD determines that it is necessary. ARTICLE 3 CREATION OF AUTHORITY AND LIMITATION OF LIABILITIES Pursuant to Section 6500 et sea, of the California Government Code, there is hereby created the AUTHORITY, a public entity separate and apart from the Parties hereto, to be known as the Ventura County Waste Management Authority. Pursuant to Government Code Section 6503.5, notice of this Agreement and creation of the AUTHORITY shall be filed with the Secretary of State within 30 days of this Agreement's (or any amendment) effective date. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of the AUTHORITY shall not constitute debts, liabilities or obligations of the Parties to this Agreement, either jointly or severally. .4, _,. x%�: ,.:. : ARTICLE 4 TERM OF AGREEMENT This Agreement shall become effective and binding on the date of execution hereof by the County and at least four of the Cities of Ventura County, and shall continue until a successor countywide waste management authority is formed, or until and unless terminated as hereinafter provided. ARTICLE 5 PO WERS OF AUTHORITY The AUTHORITY is hereby granted those powers, common to the Parties, necessary to accomplish the purposes and objectives of the AUTHORITY as set forth in Article 11 -3F r► . 2, including but not limited to the following specific powers: A. To establish, regulate, manage, own, acquire, develop, and /or operate those SOLID WASTE FACILITIES and PROCESSING AND TRANSFER FACILITIES enumerated in Article 2 hereof; B. To control and regulate the disposal of any residual SOLID WASTE or the disposition of RECYCLABLES that result from the operations of those SOLID WASTE FACILITIES and PROCESSING AND TRANSFER FACILITIES enumerated in Article 2 hereof; C. To establish, regulate, levy and /or collect fees, rates or charges, including without limitation for administration and operating casts, applicable to those SOLID WASTE FACILITIES and PROCESSING AND TRANSFER FACILITIES enumerated in Article 2 hereof, D. To engage in activities that may assist the Parties and the Ventura County Waste Commission to achieve INTEGRATED WASTE MANAGEMENT and SOURCE REDUCTION AND RECYCLING IMPLEMENTATION; E. To make and enter into contracts, including without limitation any contracts in which any of the Parties or any other person or entity commits to deliver its SOLID WASTE to the AUTHORITY for processing or for any other purpose; F. To hire employees, consultants and legal counsel; G. To issue bonds, certificates of participation, incur debts, liabilities or obligations; H. To condemn, purchase, acquire, hold or dispose of real property, personal property, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities; I. To sue and be sued in its own name; J. To adopt from time to time such policies, procedures, by -laws, rules, or regulations for the conduct of AUTHORITY'S affairs; and K. To exercise all other powers necessary and incidental to carry out the terms and provisions of this Agreement, or as may be otherwise authorized by law. Such powers are subject only to the restrictions upon the manner of exercising the power imposed upon the parties in the exercise of similar powers, as provided in, and for the purposes of, California Government Code Sections 6502 and 6509. It is the Parties intent that the AUTHORITY will not operate SOLID WASTE FACILIi'IFS but will contract for operations. However, the AUTHORITY reserves the right 11 -37 to operate SOLID WASTE FACILITIES if the BOARD determines that it is necessary. ARTICLE 6 AUTHORITY BOARD The AUTHORITY shall be governed by a BOARD which shall consist of one (1) member appointed from among each of the governing bodies of each of the Parties to this Agreement. If there are ten or more Parties to this Agreement, the BOARD shall have one additional member appointed from among the Ventura County Board of Supervisors. The Parties may appoint alternate member(s) in accordance with the above specified provisions. Appointments to the BOARD, as well as the term of all appointments, shall be at the sole discretion of the appointing Parties. Any member of the BOARD who fails to hold public office in their original appointing jurisdiction shall be replaced by the appointing jurisdiction in a timely manner. The BOARD shall annually elect in the month of January a 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. The chairperson of the CONBv1I= shall be an ex- officio non - voting member of the BOARD and shall advise the BOARD. ARTICLE 7 MEETINGS OF AND ACTIONS BY THE BOARD A. Meetings_. The BOARD shall fix the date, hour, and place of its regular meetings. The BOARD shall hold a minimum of four (4) regular meetings each calendar year. Special meetings of the BOARD may be called in accordance with provisions of applicable law. B. Brown Act. All meetings of the BOARD shall be subject to the provisions of the Ralph M. Brown Act (Government Code Section 54950 q3W. and other applicable laws of the State of California. C. Quorum. A simple majority of the members of the BOARD shall constitute a quorum necessary for the transaction of all business. D. Actions by the BOARD. Except as may be otherwise required by law, a simple majority vote of the members of the BOARD shall constitute an action of the BOARD. - 11 -300 E. Minutes. The chairperson of the BOARD shall cause the minutes of all meetings to be taken and distributed to the members of the BOARD for its approval. F. Compensation. A reasonable allowance for attendance at meetings of the BOARD, as determined by the BOARD, may be paid by the AUTHORITY to the extent allowed by State law. ARTICLE $ COMMITTEE OF THE EXECUTIVE OFFICERS OF THE PARTIES The COMMITTEE shall advise the BOARD as needed on matters relating to the conduct of AUTHORITY business and shall assist in carrying out the AUTHORITY'S objectives. A chairperson and vice- chairperson of the COMMITTEE shall be designated by the COMMITTEE on an annual basis. The chairperson shall be the secretary to the COMMITTEE unless other staff is so designated. The BOARD shall determine the duties of the COMMITTEE. ARTICLE 9 STAFF, CONTRACT SERVICES AND RECORDS For purposes of initial organization and at the discretion of the BOARD, the Ventura County Waste Commission's Processing Facility Management Team, consisting of a consortium of local government staff, shall "serve as staff to the AUTHORITY. The BOARD of the AUTHORITY may appoint and retain independent staff as necessary to fulfill its powers, duties and responsibilities under this Agreement, including appointment of temporary or permanent staff, and may contract for such services. The staff of the BOARD shall maintain the official records of the AUTHORITY. ARTICLE 10 CONTRIBUTIONS. FUNDING AND BUDGET Funding for activities of the AUTHORITY will consist of one or more of the following: 1) fees or charges established by the BOARD at the SOLID WASTE FACILITIES and PROCESSING AND TRANSFER FACILITIES enumerated in Article 2; 2) contributions made by the Parties in a manner recommended by the BOARD and approved by each governing board of those Parties making such contribution; and 3) any other source of funding by grant 11 -30, -•r or otherwise. The Parties may make contributions from any funding source deemed appropriate by their governing boards. The AUTHORITY shall prepare an annual budget which shall be approved by its BOARD. Each year the budget shall be submitted to each of the Parties for their review. Funds of the AUTHORITY may not be disbursed without adoption of an approved budget, and all receipts and disbursements shall be in strict conformance with the approved budget. ARTICLE 11 AUDIT AND ACCOUNTING SERVICES The Auditor - Controller of the County of Ventura is designated to be the depository and to have custody of all funds of the AUTHORITY and as such the Auditor - Controller shall perform those functions required by Section 6505.5 of the Government Code, including without limitation the functions of auditor - controller for the AUTHORITY. There shall be strict accountability of all funds and the Auditor - Controller of the County of Ventura will report to the BOARD all receipts and disbursements. The Auditor - Controller shall draw warrants to pay demands against the AUTHORITY when the demands have been approved by the AUTHORITY or by a person authorized by the AUTHORITY to do so. The Auditor - Controller of the County of Ventura will either make or contract for an audit of the accounts and records at least annually as prescribed by Section 6505 of the Government Code. 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 the audit shall conform to generally accepted auditing standards. The AUTHORITY shall have the power to invest any money in its treasury 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. ARTICLE 12 RELATIONSHIP OF AUTHORITY TO THE VENTURA COUNTY WASTE COMMISSION The AUTHORITY shall be separate and distinct from the Ventura County Waste Commission ( "Commission" herein). The Parties recognize the following with regard to the Commission: A. That the Commission is the designated AB 939 Local Task Force for Ventura County and, as such, is responsible for coordinating INTEGRATED WASTE MANAGEMENT h -40 and City and County implementation of SOURCE REDUCTION AND RECYCLING ELEMENTS and HOUSEHOLD HAZARDOUS WASTE ELEMENTS, and coordinating the preparation of state mandated regional plans, including the Countywide Siting Element, Countywide Integrated Waste Management Plan, and County Hazardous Waste Management Plan. B. That the Commission is undertaking a comprehensive reorganization of countywide waste management, with the objective of creating a new Ventura County waste management authority, independent of the Parties, through the introduction of state legislation. In recognition of the foregoing, the AUTHORITY shall coordinate and cooperate fully with the Commission in SOURCE REDUCTION AND RECYCLING ELEMENT IMPLEMENTATION and INTEGRATED WASTE MANAGEMENT and in the development and management of any SOLID WASTE FACILITIES and PROCESSING AND TRANSFER FACILITIES, and shall undertake its projects in a manner consistent with adopted regional policy, as established by the Commission and approved by the respective governing boards of the Parties. Upon formation of a new waste management authority, the AUTHORITY shall also cooperate fully in arranging for the new authority to assume the functions and responsibilities of the AUTHORITY created by this Agreement. ARTICLE 13 RELATIONSHIP OF AUTHORITY TO OPERATORS OF LANDFILLS The AUTHORITY shall be separate and distinct from the Ventura Regional Sanitation District ( "VRSD" herein) and from any other operator of any facility used for SOLID WASTE DISPOSAL. The AUTHORITY, in the sole discretion of its BOARD, shall allocate residual SOLID WASTE among landfills in a manner consistent with Countywide Siting Element and the Countywide Integrated Waste Management Plan. ARTICLE 14 WITHDRAWAL OR ADDITION OF PARTIES AND TERMINATION OF AUTHORITY The County or any city, or newly formed city, that is located in Ventura County may join as a Party to this Agreement by executing the same at any time. A Party may withdraw from this Agreement at any time prior to executing a contract that would require the withdrawing Party to commit its waste stream to the AUTHORITY, or, if such a contract has been executed, upon giving one year written notice to the AUTHORITY. The withdrawal of any Party from this Agreement shall not terminate the 1.1. -41 -- Agreement. No Party that withdraws shall be entitled to payment or return of any contributions to funding, consideration or property paid, or donated by that Party to the AUTHORITY, or to any distribution of assets upon termination, except by unanimous agreement of the remaining Parties. In the event a Party withdraws where one years notice is required, the Party shall continue to be liable for any liabilities, debts, or obligations that it would have been resposible for if it had remained a Party to this Agreement. This Agreement may be terminated at any time by a simple majority vote of the BOARD with the concurring consent of the governing boards of a simple majority of the Parties to the Agreement, provided however, that if and when a successor public entity is created by the state legislature that will carry on all of the activities of the AUTHORITY as provided in Article 15, subparagraph A., the BOARD shall vote to terminate this Agreement and no concurring vote of the governing boards of the Parties shall be required. - - ARTICLE 15 DISPOSITION OF DEBT AND FUNDS UPON TERMINATION A. In the event of termination of the AUTHORITY where there is a successor public entity which will carry on the activities of the AUTHORITY and assume its obligations, AUTHORITY assets, including any interest earned on deposits, remaining upon termination of the AUTHORITY and any outstanding liabilities of the AUTHORITY shall be transferred to the successor public entity by the BOARD. B. If there is no successor public entity which will carry on any of the activities of the AUTHORITY, the AUTHORITY's assets, including any interest earned on deposits, remaining upon termination of the AUTHORITY and after payment of all obligations, shall be distributed to the Parties in ratio to each Parties total contributions to funding made pursuant to Article 10. C. If there is a successor public agency which would undertake some of the activities of the AUTHORITY or assume some of its obligations, the AUTHORITY's assets, including any interest earned on deposits, remaining upon termination of the AUTHORITY and any outstanding liabilities shall be allocated by the BOARD between the successor public entity and the Parties. In the event the AUTHORITY is terminated under circumstances falling within subparagraphs B. and C. of this Article, all decisions of the BOARD regarding allocation of assets or liabilities shall be final. 11 -42 ARTICLE 16 LIABILITY. INDEMNITY AND INSURANCE The AUTHORITY shall indemnify, defend and hold harmless each of the Parties, including all of their boards, officers, employees, agents, servants, and dependant agency's, from and against any and all loss, cost, expense, actions or liability occasioned by or arising directly or indirectly out of the conduct of the AUTHORITY'S affairs of whatsoever nature, including without limitation any liability, whether by strict liability or negligence, for personal injuries or property damage related to establishment, regulation, management, development, acquisition, ownership or operation, by contract or otherwise, of any facility. The tort liability of the AUTHORITY and all members of the BOARD, 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 of any act or omission occurring in the scope of their employment shall apply to all members of the BOARD, officers and employees of the AUTHORITY. The AUTHORITY shall obtain and maintain comprehensive liability insurance in an appropriate amount, to be determined by the BOARD, that shall insure AUTHORITY and its officers, employees and servants, and the Parties as named insureds. ARTICLE 17 NOTICES All notices required or given pursuant to this Agreement shall be made by depositing same in the U.S. Mail, postage paid, and addressed to the Chairman of the BOARD, each City Manager of the Cities and the Chief Administrative Officer of the County. All correspondence shall be deemed delivered three (3) days after postmark. ARTICLE 18 SEVERABILTTY If any provision or part of this Agreement is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below. 11 -4-3 Date COUNTY OF VENTURA By Date CITY OF Date Date By CITY OF By CITY OF By 11 -44 By Date CITY OF By Date CITY OF By --: Date CITY OF By Date CITY OF :+ - By ufFd: x•• swaw�• 7iMra +.�.iti+�:e�?3N...,.ewc�M�:_. +,:,_: ... - ., 9 - .. Date CITY OF Date Date By CITY OF By CITY OF By 11 -44 Date CITY OF Lo Date CITY OF Lo 11 -45