HomeMy Public PortalAboutLate Submissions and or RevisionsY CITY OF RANCHO MIRAGE
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, APRIL 18, 2024
1:00 P.M.
LATE SUBMISSIONS AND/OR REVISIONS
•CC02: Draft Minutes for April 4, 2024
•CC09: Adding Resolution
DRAFT 04/04/2024 Regular City Council Meeting Minutes 1 of 5
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, APRIL 4, 2024
1:00 P.M.
DRAFT MINUTES
Meeting Location:
City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER - 1:01 P.M.
a) Flag Salute: Led by Ryan Stendell, Director of Public Works.
b) Roll Call: Mallotto, Marker, O’Keefe, Weill, Downs – All Present.
NON-AGENDA PUBLIC COMMENTS
Daryl Terrell, Moreno Valley resident, reported that Riverside County had recently adopted an
ordinance regarding the unlawful possession of catalytic converters and urged the City Council to do
the same. He provided a copy of Riverside County Ordinance No. 987.
Susan Ragsdale, member of the public, presented gifts to Council Members and staff. She also
spoke regarding alleged fraud related to her time living in Rancho Mirage and offered ideas that
would bring her justice.
Wally Melendez, member of the public, spoke regarding the seating arrangement of the City
Council. He also spoke in favor of the City installing hydrogen charging stations like the City of
Riverside.
Brad Anderson, Rancho Mirage resident, commented on a previous agenda item for the City
Manager’s performance evaluation. He suggested that the City Clerk’s position be elected
instead of appointed. He also expressed disappointment regarding a recent article he referred
to as a “hit piece.”
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Y CITY OF RANCHO MIRAGE
DRAFT 04/04/2024 Regular City Council Meeting Minutes 2 of 5
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
Mayor Downs asked the City Manager to provide an update on the City’s efforts regarding
catalytic converter theft.
Isaiah Hagerman, City Manager, reported that the Cove Cities (Indian Wells, Palm Desert, and
Rancho Mirage) were currently developing an ordinance to address catalytic converter theft,
which would resemble the Riverside County ordinance.
Council Member Mallotto congratulated the Cultural Commission on their recent Artist event.
She complimented the marketing department on the 50th anniversary book being distributed to
Rancho Mirage residents. She also reported her attendance at the Desert AIDS Project Steve
Chase Humanitarian Awards and spoke of the importance of the Desert AIDS Project
organization.
Mayor Pro Tem Weill echoed Council Member’s Mallotto’s comments about the 50th anniversary
book and thanked the marketing department. He also provided an update on the Cotino
development, including a video highlighting the project.
Council Member Marker thanked the marketing department for the 50th anniversary book and
their collaboration with Palm Springs Life.
Council Member O’Keefe congratulated the Community Emergency Preparedness Commission
on their recent earthquake preparation event. He shared that every Saturday in April, live
entertainment at The River was sponsored by the Community Cultural Commission.
He announced that a family-friendly Pixar concert by CV Symphony would be held on April 20th
at the City’s amphitheater. Council Member O’Keefe also congratulated two residents on their
recent achievements: Richard Ronzello on receiving a 2024 Senior Inspiration Award, and Dr.
Terri Ketover on receiving a Chase Humanitarian Award by Desert AIDS Project.
Mayor Downs spoke regarding the recent Galleri Classic Golf Tournament at Mission Hills,
sharing a photo he took with Retief Goosen, winner of the Second Annual Galleri Classic.
He spoke of the Galleri Test, an early cancer detection tool, and the different cancer charities
supported by the Galleri Classic. Mayor Downs also provided an update on the Riverside County
Transportation Commission’s 2024 Traffic Relief Plan.
CITY MANAGER COMMENTS - None.
CONSENT CALENDAR
Isaiah Hagerman, City Manager, presented the following Consent Calendar items:
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Adopt Ordinance No. 1215, 2nd Reading, Repealing Ordinance 860, Deleting Section
17.10.014 (Revenue Generating Uses in Commercial Zoning Districts) from the Rancho
Mirage Municipal Code.
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3. Approve March 21, 2024, Regular Meeting Minutes.
4. Approve March 25, 2024, Special Meeting Minutes.
5. Approve Extension of Completion Date for Tract Map No. 36809 – Del Webb Rancho
Mirage.
6. Approve Contracts.
7. Approve Demands.
Public Comments – None.
Mr. Hagerman announced that Council Members O’Keefe and Mallotto would recuse themselves
from consideration of Consent Calendar Item No. 5, due to their residences being in the
Del Webb Rancho Mirage community.
MOVED/SECONDED BY WEILL/MARKER TO APPROVE CONSENT CALENDAR ITEM NOS. 1,
2, 3, 4, 6, AND 7, AS PRESENTED. MOTION CARRIED 5/0.
MOVED/SECONDED BY WEILL/MARKER TO APPROVE CONSENT CALENDAR ITEM NO. 5
AS PRESENTED. MOTION CARRIED 3/0 (RECUSED: MALLOTTO AND O’KEEFE).
REPORTS AND INFORMATIONAL ITEMS
8. Palm Springs International Airport Commission Update by Commissioner Keith Young.
Public Comments – None.
Commissioner Young provided an update regarding the Palm Springs Airport including
information regarding alternative plans for terminal development and anticipated projects for
2024.
Mayor Pro Tem Weill thanked Mr. Young for his thorough report. He mentioned how convenient
it was to be able to park in the waiting area at the airport and asked if that option would be
impacted by the new plan.
Mr. Young responded that he was not certain, but he knew the subject waiting location was very
much appreciated, and he would take the concern to the commission.
Mayor Downs complimented the new Stay and Play concept and asked if such programs existed
and were successful at other airports. He also inquired about the rental car building.
Mr. Young replied that a few effectively operating programs were available at other airports.
He also provided an update on the car rental location.
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Council Member Marker mentioned a recent experience she had at Palm Springs Airport, where
one TSA line had a very long wait time, while others were empty. She suggested the issue be
addressed, so that lines and passengers were managed more efficiently, as convenience and
efficiency were reasons travelers preferred that airport. She noted that local tourism was
increasing, and it was important to maintain the intimacy of the airport.
Mr. Young replied that the airport was not built to accommodate the number of passengers
currently traveling during high peak season, noting he would relay the suggestion to the
Executive Director.
Council Member Mallotto complimented the airport and the commission for expanding to meet
the needs of residents and visitors.
ACTION CALENDAR
9. Consider Adopting Resolution No. 2024-(Next-In-Order), Declaring the City’s Intention to
Annex Territory to Community Facilities District No. 1 and to Levy a Special Tax therein
for Additional Police and Fire Services, Preliminarily Approve a Map of the Area Proposed
to be Annexed, and Schedule a Public Hearing to Consider the Annexation and the Levy
of Special Tax for Annexation No. 195. (In Connection with Tentative Parcel Map
No. TPM 38692 - Eisenhower MCA Project)
Jacob De La Cruz, Financial Analyst, presented the staff report.
Public Comments – None.
MOVED/SECONDED BY WEILL/MALLOTTO ADOPT RESOLUTION NO. 2024-13 DECLARING
THE CITY’S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
1 AND TO LEVY A SPECIAL TAX THEREIN FOR ADDITIONAL POLICE AND FIRE SERVICES,
PRELIMINARILY APPROVE A MAP OF THE AREA PROPOSED TO BE ANNEXED, AND
SCHEDULE A PUBLIC HEARING TO CONSIDER THE ANNEXATION AND THE LEVY OF THE
SPECIAL TAX FOR ANNEXATION NO. 195. MOTION CARRIED 5/0.
CLOSED SESSION AGENDA
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Public Employee: City Clerk/Board Secretary
2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6(a)
Designated City Labor Negotiator: Isaiah Hagerman, City Manager
Employee Organization: Rancho Mirage Employees Association
Colin Kirkpatrick, City Attorney, reported that the City Council would recess into closed session
to confer with legal counsel regarding a performance evaluation of the City Clerk/Board
Secretary, and a conference with labor negotiator regarding an employee organization, the
Rancho Mirage Employees Association.
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RECESS TO CLOSED SESSION
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council
representing the Redevelopment Successor Agency recessed into Closed Session at 2:09 P.M.
RECONVENE OPEN SESSION
Mayor Downs reconvened the meeting at 3:31 P.M.
CLOSED SESSION ANNOUNCEMENTS
Colin Kirkpatrick, City Attorney, reported that there was no reportable action taken during closed
session.
ADJOURNMENT
With no further business to consider, the meeting of the City Council, Library and Observatory
Board, Housing Authority Board, and the City Council representing the Redevelopment
Successor Agency was adjourned at 3:32 P.M.
Date Approved by City Council:
_______________________________
Kristie Ramos, City Clerk
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CITY OF RANCHO MIRAGE:
~
STAFF REPORT
TO: Mayor and City Council DATE: April 18, 2024
FROM: Gabe Codding, Director of Marketing
SUBJECT: Amendment to Visit Greater Palm Springs Joint Powers Agreement
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council approve and adopt Resolution No. 2024-(Next-in-Order), approving the
Second Amended and Restated Visit Greater Palm Springs Joint Powers Agreement.
JUSTIFICATION OR INFORMATION
The Palm Springs Desert Resort Communities Convention and Visitors Authority, now known as
"Visit Greater Palm Springs (VGPS)(," is a joint powers authority operating under the Joint
Exercise of Powers Act (California Government Code §§6500 et seq.).
Visit Greater Palm Springs was formed in 1989. The operative legal document governing the
joint powers authority is the Joint Powers Agreement, originally executed in 1989 and
subsequently amended on multiple occasions, most recently in 2015.
Visit Greater Palm Springs' Executive Committee adopted Resolution Nos. 2024-002 and 2024-
003, approving various amendments to the Joint Powers Agreement, and authorizing the
President/Chief Execute Officer to take all reasonable steps to seek approval of the amendments
by the legislative bodies of the JPA members. Among the revisions recommended are
provisions for the City of Coachella to join the JPA agreement, establishing a regional economic
development marketing strategy to be administered by VGPS, and new JPA member
contributions. The Visit Greater Palm Springs staff report and resolution are attached to this staff
report.
ATTACHMENT(S)
1. VGPS Staff Report
2. VGPS Resolutions
3. Second Amended and Restated Joint Powers Agreement (Redline)
4. City Council Resolution
AGENDA ITEM#
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ATTACHMENT 1
VGPS STAFF REPORT
(SEE ATTACHED)
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"llisit' ~greater
palm springs
70 100 fiii;wxu; lll / ran c ho mirag e, c o 9 2270
760 .110.9000 / soo .96 7.376 7
STAFF REPORT
TO : JPA Executive Committee
FROM: Scott White, President & CEO
DATE: March 26, 2024
SUBJECT: RECOMMEND APPROVAL AND ADOPTION OF RESOLUTION NO. JPA 2024-003; A RESOLUTION
OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF VISIT GREATER PALM SPRINGS
APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS
AGREEMENT REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY MEMBERS
Staff Recommendation
Staff recommends that the JPA Executive Committee approve and adopt Resolution No. JPA 2024 -003 .
Background
VGPS staff recommended adding the City of Coachella to the JPA Executive Committee. This
recommendation was based on the new economic development diversity recruitment responsibilities and
the addition of short-term vacation rentals in the City of Coachella. During the JPA agreement amendment
process VGPS staff learned that when the JPA was first established, an entry and operation fee were
required of all JPA member agencies .
Upon executing the Joint Powers Agreement on February 1, 1989, the original JPA members (eight cities) paid
an upfront fee to help establish the organization . Commencing July 1, 1989, and quarterly thereafter, each
JPA member agency contributed an amount based on a funding formula .
The interim funding fee and interim operation fee were divided among the JPA member cities . The interim
fee was based on .55% x gross sales and the operation fee was based on the interim fee multiplied by
15.62%. Please see the original interim funding schedule below:
Fiscal Year 1988/1989
Interim Funding Formula
FY 1987-1988 FY 1987-1988
Estimated Gross Interim Ooeration X
Citv Sales ~.55% 15.62%
Desert Hot Sprin gs $ 3,338,000.00 $ 18,359 .00 $ 2,868.00
Pa lm Sp r in gs $ 63,333,000.00 $ 348,332 .00 $ 54,409.00
Cat h e dra l City $ 10,744,000.00 $ 59,092.00 $ 9,230 .00
Ra nc ho Mirage $ 23 ,750,000.00 $ 130,625.00 $ 20,404.00
Pa lm Dese rt $ 47,083,000.00 $ 258,957.00 $ 40,449.00
I ndi a n We ll s $ 9 ,857,000 .00 $ 54,214.00 $ 8,468 .00
La Quin ta $ 9 ,250,000.00 $ 50,875.00 $ 7,947.00
I ndio $ 5,375,000 .00 $ 29,563.00 $ 4,618.00
Co ach e lla $ -$ 10,000.00 $ 1,562.00
IQmJ. !Ii 172 . 730 nnn nn !Ii ~~n.011 nn !Ii 11;.n nnn nn
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Riverside County joined the JPA Executive Committee in 1995. The amendment to the Joint Powers
Agreement approving and adopting the membership of Riverside County established a minimum
contribut ion of $30,000. The minimum annual contribution was subject to an annual increase at a rate of
5% per year. Outlined below are the historical payments made by Riverside County.
Riverside County Annual Contribution
1995 $ 31,500.00
1996 $ 31,500.00
1997 $ 33,000.00
1998 $ 34,729.00
1999 $ 36,465.00
2000 $ 38,288.00
2001 $ 40,202.00
2002 $ 42,216.00
2003 $ 44,323.00
2004 $ 46,540.00
2005 $ 48,865.00
2006 $ 57,172.00
2007 $ 57,172.00
2008 $ 48,824.00
2009 $ 36,618.00
New JPA formula began Jan 201 o
201 O 1st half $ 18,309.00
FY 2010-2011 $ -
FY 2011-2012 $ 12,000.00
FY 2012 through
2023 $ 12,500.00
When the TBID was established in 2009, the JPA formula was reduced by 75%. Riverside County annual
contribution amount was reduced to align with the reduction of the JPA formula. Riverside County paid
$12,500 each year since FY 12/13.
We have no record why Riverside County has not used the established JPA formula that is currently .15% of
gross rental revenues for non-convention lodging and .35% for convention lodging.
For reference, the Riverside County estimated JPA formula contribution for FY 22/23 would have
been $25,093.
Based on the City of Coachella's historical transient occupancy tax (TOT) budget figures and using the JPA
formula, the following table outlines what Coachella's annual JPA contribution would have been for previous
years. These calculations are for reference:
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9-5
City of Coachella
Gross JPA
FY rroT Revenues Formula
2017/2018 $90,360.00 $1,004,000.00 $1,506.00
2018/2019 $133,385 .00 $1,482,055.56 $2,223.08
2019/2020 $227,076.00 $2,523,066.67 $3,784.60
2020/2021 $533,044.00 $5,922,711.11 $8,884.07
2021/2022 $710,666.00 $7,896,288.89 $11,844.43
2022/2023 $380,060.00 $4,222,888.89 $6,334.33
2023/2024 $500,000.00 $5,555,555.56 $8,333.33
Based on the formula from FY 88/89 and the most recent estimated TOT collections, the initial fee charged
to Coachella to join the JPA Executive Committee would be as follows:
The city of Coachella entry fee calculation is based on their FY 23/24 gross revenues estimate.
$5,555,555.00 x .55% = $30,555 plus the operation fee ($30,555 x 15 .62%) = $4,772. The total amount would
be $35,327.
Staff are recommending any new member agency should pay the entry fee and the fee should be paid within
30 days of joining the JPA Executive Committee.
Outlined below are the current JPA contribution estimates. These figures may fluctuate depending on the
final gross revenues and are provided for reference.
Visit Greater Palm Springs Funding Budgets -Desert
Cities 'Fiscal Year 2023 -2024
~PA Member 23/24 Annual Contribution
Cathedral C ity $ 50,625.00
Desert Hot Spr ings $ 42,841.99
Indian Wells $ 285,714 .29
Indio $ 77,550.00
La Quinta $ 389,393.18
Palm Desert $ 425,000.00
Palm Springs $ 874,599.17
Rancho Mirage $ 374,591.80
Riverside County $ 12,500.00
Staff is recommending due to the additional responsibilities of economic development recruitment and the
broader benefits recognized by the member agencies, a minimum annual JPA member contribution of
$35,000 or the current JPA formula, whichever is greater should be required by all member agencies,
including Riverside County. The minimum fee would increase annually based on the CPI for Southern
California. The JPA formula would not be subject to the CPI adjustment. The annual JPA member
contribution, whether the minimum fee or formula fee, would be paid quarterly to the organization and
adjusted at the end of the fiscal year based on actual gross room revenues.
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ATTACHMENT 2
VGPS RESOLUTIONS
(SEE ATTACHED)
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Gary Gardner, Chair
City of Desert Hot Springs
Waymond Fermon, Vice Chair
City of Indio
Mark Carnevale
City of Cathedral City
Greg Sanders
City of Indian Wells
Linda Evans
City of La Quinta
Jan Harnlk
City of Palm Desert
Jeffrey Bernstein
City of Palm Springs
Steve Downs
City of Rancho Mirage
V . Manuel Perez
County of Riverside
JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
RESOLUTION NO. JPA 2024-002
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
OF VISIT GREATER PALM SPRINGS APPROVING THE MEMBERSHIP OF THE
CITY OF COACHELLA, EXPANDING THE TERRITORIAL LIMITS TO INCLUDE THE
CITY OF COACHELLA, APPROVING AN AMENDMENT TO THE PURPOSE OF
THE JOINT POWERS AUTHORITY, AND CREATING A 501(C)(6) ENTITY
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority
operating under the Joint Exercise of Powers Act (California Government Code
§§6500 et seq.), located in the County of Riverside, State of California; and
WHEREAS, the JPA Executive Committee serves as the governing body of
VGPS; and
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement
("Amended and Restated Agreement") on January 20, 2016 ("JPA Agreement");
and
WHEREAS, section 24 of the JPA Agreement provides that the JPA Agreement
may be amended from time to time by a two-thirds vote of the entire JPA Executive
Committee and a unanimous vote of the VGPS members' legislative bodies in
compliance with all applicable provisions of the Joint Exercise of Powers Act and all
other applicable laws; and
WHEREAS, section 3 (Purpose) of the JPA Agreement provides that the purpose
of VGPS is to form a joint powers authority to jointly encourage, promote, and to do
such other things as might be necessary to enhance, to the greatest extent possible,
all aspects of the hospitality, convention and tourism industry in the Coachella
Valley and to attract visitors from national and international markets, all to the
benefit of the VGPS Members and their constituents; and
WHEREAS. section 8 (Additional Members) of the JPA Agreement provides that
additional VGPS Members that qualify to join a joint powers authority under the Joint
Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds
vote of the of the entire JPA Executive Committee and a unanimous vote of the
VGPS Members' legislative bodies in compliance with all applicable provisions of
the Joint Exercise of Powers Act and all other applicable laws; and
WHEREAS, section 10 (JPA Executive Committee -Power and Duties) of the
JPA Agreement currently authorizes the JPA Executive Committee to appoint an
advisory board (known as the Board of Directors) to conduct certain activities on
behalf of the JPA; the JPA Executive Committee determines that it is in the best
interests of the JPA to create a 501 (c) (6) entity, formerly the Board of Directors, to
manage the destination activities of the JPA as further set forth below; and
WHEREAS, section 11 (Territorial Boundaries) of the JPA Agreement, provides
that VGPS territorial boundaries include the lands situated within the unincorporated
areas of the Coachella Valley situated in the County of Riverside and the lands
situated within the jurisdictional boundaries of the cities of Cathedral City, Desert
Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho
Mirage, as depicted in Exhibit A of the JPA Agreement. The territorial boundaries of
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VGPS may only be changed by a two-thirds vote of the JPA Executive
Committee and a unanimous vote of the [VGPS] Members' legislative bodies; and
WHEREAS, in accordance with above referenced sections of the JPA
Agreement, the JPA Executive Committee now desires to (l) revise the purpose set
forth in the JPA Agreement as described below, (2) include the City of Coachella as
a VGPS Member, (3) expand the territorial boundaries of the JPA to include the City
of Coachella, and (4) create a 501 (c) (6) entity, formerly the Board of Directors, to
manage the destination activities of the JPA.
NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit
Greater Palm Springs as follows:
Section 1. Recitals .
That the Recitals set forth above are true and correct.
Section 2 . The Purpose of the JPA.
That the JPA Executive Committee hereby approves and adopts the following
amendment to section 3 ("Purpose") of the JPA Agreement:
The purpose of VGPS is to benefit all VGPS Members and
their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and
doing such other things as might be necessary to
enhance, to the greatest extent possible, all aspects of
the hospitality, convention and tourism industry in the
Coachella Valley and to attract visitors from national and
international markets; and
(b) Doing such other things to promote and strengthen all
aspects of the regional economy related to the
hospitality, convention and tourism industry, and the
diversification of the overall region's economy in the
Coachella Valley.
Section 3. VGPS Members .
That the JPA Executive Comm ittee, having determined that the City is
qualified to be a member of VGPS, hereby approves and adopts the following
amendment to section 7 ("VGPS Members") of the JPA Agreement:
The members of the JPA shall consist of the parties to this
Agreement which includes the cities of Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La
Quinta, Palm Desert, Palm Springs and Rancho Mirage
and the County of Riverside .
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Section 4. Territorial Boundaries.
That the JPA Executive Committee, having determined that the City is
qualified to be a member of VGPS, hereby approves and adopts the following
amendment to section 11 ("Territorial Boundaries") of the JPA Agreement:
The JPA's territorial boundaries include the lands situated
within the unincorporated areas of the Coachella Valley
situated in the County of Riverside and the lands situated
within the jurisdictional boundaries of the cities of
Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Springs, Palm Desert and
Rancho Mirage, as depicted in Exhibit A of this
Agreement. The territorial boundaries of VGPS may only
be changed by a two-thirds vote of the JPA Executive
Committee and a unanimous vote of the VGPS Members'
legislative bodies.
Section 5. VGPS Member Agency Approval.
That the JPA Executive Committee hereby approves and adopts the following
amendment to section 1 0(c) ("Purpose") of the JPA Agreement:
Delegate authority to manage destination activities to
[Greater Palm Springs Business Alliance] GPSBA. The
Board of Directors of the GPSBA shall consist of any
number of persons associated with the local hospitality
industry, which may include, but not be limited to, those
who own, manage, govern or serve in senior staff
positions for Lodging Establishments or businesses,
eateries, public and private regional sports facilities,
public and private museums, public and private
convention and conference facilities, commercial air
transport facilities, commercial ground transportation
businesses, plus any other persons from any other industry
deemed appropriate. The BPSBA shall manage the
destination operations of VGPS, and shall be governed by
bylaws, as amended from time to time.
The GPSBA will oversee the daily operations, including but
not limited to strategic development, marketing, travel
trade, public relations, human resources and group sales,
and employ an individual who shall serve as the President
and Chief Executive Officer of the JPA, who shall be
responsible for professionally supervising, managing and
administering the day-to-day affairs of the JPA, hire and
fire JPA employees, retain consultants and
independent contractors and perform such other
functions as needed. Termination of the President & Chief
Executive Officer will require a majority vote of the JPA
Executive Committee and GPSBA Board of Directors.
Section 6. That the President/Chief Executive Officer of VGPS and/or his designee
shall take all reasonable steps to seek (1) the approval of the membership of the
City of Coachella, (2) the approval and adoption of the amendments to the JPA
Agreement set forth above, and (3) the approval and adoption of a Second
Amended and Restated Joint Powers Agreement in substantially the same form as
attached hereto as Exhibit "A" and incorporated herein by this reference.
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Section 7. Severa blllty.
That the Executive Committee declares that, should any provision, section,
paragraph, sentence, or word of this Resolution be rendered or declared invalid by
any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences,
or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by Visit Greater Palm Springs or the
Executive Committee that are in conflict with the provisions of this Resolution are
hereby repealed.
Section 9. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 10. Certification.
That the Clerk of the Executive Committee shall certify as to the adoption of
this Resolution and shall cause the same to be processed in the manner required by
law.
PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority
(JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of
February, 2024, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
ATTEST:
Gary Gardner, Chair
Executive Committee
Visit Greater Palm Springs
Sarah Goslin, Clerk for the Executive Committee
APPROVED AS TO FORM:
Lena D. Wade, General Counsel
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DocuSign Envelope ID : 1D900847-CD2B-49FF-A0AC-ED2FF9FAD161
Gary Gard ner, Ch air
City o f Desert Ho t Sp ri ngs
Wa ymond Fe rm an , Vice Cha i r
City of I nd io
Ma rk Ca rn ev a le
City of Cathedral City
Gr eg Sa nd e r s
City of I ndian We ll s
Lind a Ev a ns
City o f La Qu inta
Ja n Har nik
City of Pa lm Dese r t
Je ffre y Ber n ste in
City of Pa lm Springs
Steve Dow n s
City of Rancho Mirage
V . Ma n ue l Pe r ez
County of Rive rside
J O INT POWERS A UTHOR ITY EXEC UTIVE C OMMITTEE
RESOLUTION NO. JPA 2024-003
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO
SECT ION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT
REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY
MEMBERS
WHEREAS , Visit Greater Palm Springs (VGPS) is a Joint Powers Authority ("JPA")
operating under the Joint Exercise of Powers Act (California Government Code
§§6500 et seq.), located in the County of Riverside, State of California; and
WHEREAS, the JPA Executive Committee serves as the governing body of
VGPS; and
WHEREAS , the JP A Executive Committee adopted the Joint Powers Agreement
("Amended and Restated Agreement") on January 20 , 2016 ("JPA Agreement");
and
WHEREAS, section 12 of the JPA Agreement sets forth the co ntribution amounts
for JPA Members' participation in the JPA . Pursuant to the JPA Agreement, the
contribution amounts may only be c hanged or amended with a unanimous vote of
the JPA Executive Committee and a unanimou s vote o f the JPA Members'
leg islativ e bodies; and
WHEREAS , in accordance with the above referenced sect ions of the JPA
Agreement, th e JPA Exe cu tiv e Committee now desires to revise the JPA Members'
contribution amounts as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit
Greater Palm Springs as follows:
Section 1. Recitals.
That the Recitals set forth above are true and correct .
Section 2. JPA Member Contributions.
That the JPA Executive Committee hereby approves and adopts the followin g
amendment to section 12 ("Contribution s") of the JPA Agreement:
(a) Initial Membership Fee . Each new JPA Member shall pay to the JPA a
one-( l) time entry fee and operation fee ca lcu lated as follows:
(i)
(ii)
Entry Fee : The "Entry Fee" shall be calculated by multiplying the
new JPA Member's current fiscal year's gross rev e nue estimate
by .55 %.
Operation Fee: The "Operation Fee" sha ll be calculated by
multiplying the Entry Fee by 15.62%.
Th e sum of the Entry Fee and the Operation Fee is due within thirty (30) days of
a new JPA Member joining the JPA.
9-12
DocuSign Envelope ID: 1D900847-CD2B-49FF-AOAC-ED2FF9FAD161
(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the
greater of $35,000 each year, or (ii) the applicable contribution amounts as
set forth in the formula below, which may only be modified by a two -thirds
vote of the entire JPA Executive Committee and a unanimous vote of the JPA
Members' legislative bodies. JPA Members' legislative bodies shall, at a
minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal
to:
.0015 x Gross Room Rental Revenue for Lodging Establishments
excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue tor Convention Hotels
(c) The Gross Room Rental Revenue described herein shall not include any
transient occupancy tax rebate incentives provided by the JPA Members.
Section 3. Initial Membership Fee for the City of Coachella.
That the Entry Fee and Operation Fee for the City of Coachella for Fiscal Year
2023/2024 is $35,327 which has been calculated as follows:
Entry Fee: $5,555,55 5 x . .55% = $30 ,555
Operation Fee __ 3=0='=55=5~-~x-~1 =5.=6=2~%~-=---~4~,7~7=2
Initial Membership Fee $35,327
Section 4. That the President/Chief Executive Officer of VGPS and/or his
designee shall take all reasonable steps to) seek the approval of the amendment to
section 12 of the JPA Agreement by the legislative bodies of the JPA Members.
Section 5. Severablllty.
That the Executive Committee declares that , should any provision, section,
paragraph, sentence , or word of this Resolution be rendered or declared invalid by
any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation , the remaining provisions, sections, paragraphs, sentences ,
or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 6. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by Visit Greater Palm Springs or the
Executive Committee that are in conflict with the provisions of this Resolution are
hereby repealed .
Section 7. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 8. Certification .
Tha t the Clerk of the Executive C ommittee shall certify a s to the adoption of
this Resolution and shall cause the same to be processed in the manner required by
law.
[Remainder of this page intentionally left blank .]
2
9-13
DocuSign Envelope ID: 1D900847-CD2B-49FF-AOAC-ED2FF9FAD161
PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority
(JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of
March, 2024, by the following vote:
, 8 -Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin
AYES. Tijerina (Riverside County)
NAYES: p
ABSENT: 1 -Mark Carnevale (Cathedral City)
ABSTAIN: (b
ATTEST:
ner, Chair
Executive Committee
Visit Greater Palm Springs
~th_']
Sarah Goslin,erktO.: the Executive Committee
APPROVED AS TO FORM:
G.;.I~~
Lena D. Wade, General Counsel
3
9-14
ATTACHMENT 3
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT (REDLINE)
(SEE ATTACHED)
9-15
Greater Palm SpriAgs Convention & Visitors Bureau
VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
("Second Amended and Restated Agreement")
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500,. et seq.
JANUARY 20 , 2016
2024
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9-16
TABLE OF CONTENTS
RECITALS ........................................................................................................................... I
AGREEMENT ..................................................................................................................... 1
Section 1
Section 2
Section 3
Section 4
Section 5
Date
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Definitions ....................................................................................... 1
Incorporation of Recitals ................................................................. 3
Purpose ............................................................................................ 3
Name ................................................................................................ 3
ffii.ti.tttFirst Amended and Restated Agreement Superseded -Effective
3
Termination ...................................................................................... 3
G¥B,!ft\ Members .......................................................................... 4
Additional Members ........................................................................ 4
Governing Body ............................................................................... 4
JP A Executive Committee -Powers and Duties ............................. 4
Territorial Boundaries ...................................................................... 5
Contributions ................................................................................... 6
Withdrawal ...................................................................................... 6
Separate Entity ............................................................................... +fl.
Powers of the JPA ............................................................................ 7
Power to Invest ................................................................................ 9
Bonding ........................................................................................... 9
Treasurer and Auditor -Designations ............................................. 9
Treasurer -Duties and Responsibilities ........................................... 9
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Section 20
Section 21
Sect ion 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Sect ion 29
Sect ion 30
EXHIBIT A
Independent Audit ......................................................................... 10
Auditor's Duties ............................................................................ 10
Severability .................................................................................... I 0
Waiver ....................................................................................... -1-1-lQ
Amendments .............................................................................. -1----1-lQ
Ambiguities or Uncertainties ......................................................... 11
Applicab le Law .............................................................................. 11
Venue ............................................................................................. 11
Notices ........................................................................................... 11
Counterparts ................................................................................... 12
Privileges and Immunities ............................................................. 12
Territorial Boundaries .......................................................................................................... 16
9-18
This Second Am e nde d and Res ta ted Joint Powers Agreement {thi s "Ag ree me nt") js•.
entered hereffii!!!Q. by and between the cities of Cathedral City , Coache ll <l.,. Desert Hot Springs,
Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an \
independent municipal corporation located in the County of Riverside, State of California, and
Jhe County of Riverside, a political subdivision of the State of California, pursuant to the Joint
Exercise of Powers Act, as set forth in section 650 0;. et seq. of the California Government Code.
( .. Agree menf ').Th e Joint Po we rs Authority is kno w n as ·'V is it G re at e r Palm S prin gs ·• r--vG PS''l.
The parties to this Agreement are individually referred to herein as "G¥BJ.PA. Member" and
collectively as "G¥BJ.PA.Members."
RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their•
legislative or other governing bodies, two or more public agencies which include, but are not
limited to, a county or city, may jointly exercise any power common to the contracting parties
via a Joint Powers Agreement creating a Joint Powers Authority ("JP A"); and
WHEREAS, the G-\LBJPA Members entered into the original joint powers agreement•
on February 8, 1989, fo r the purpo se to jointly encourage, promote, and to do such other things
as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality,
convention and tourism industry in the Coachella Valley and to attract visitors from a world
wide market, all to the benefit of the member organizations and their citizens via the exercise
of all the expressed and implied powers the G-\LBJP A Members have in common; and
WHEREAS, it is intended by the G-\LBJP A Members that this Agreement shall be•
amendatory of the o ri g in a l j o int pov,·ers ag reem e ntFirst Amended and Res tate d Joint Powe rs
A gree ment , dated Fe brua ry 8, l 989January 20 , 20 I 6 , including any subsequent amendments
("ffiifia.ffirst Am e nd ed and Restated,Agreement"), and shall restate, amend and supersede the
lfi.it.ia.l First Am ended and Re stated Agreement in its entirety as of the Effective Date; and
WH EREA S, tl~e C YB Me mb e rs, co nsi stin g o f th e c iti es o f Cath e d ra l C ity, Dese rt Hot
S prin gs , IHdian We ll s, Indio , La Quint a, Palm Dese rt, Pa lm S prin gs and Ra nc ho Mirage and
th e Co unt)' of Ri ve rs id e ha ve cons ent e d to re namin g th e JPA to th e "Greate r Palm Springs
Co 1w enti on & Vi sitors Bureau " ("C VB'') fo r a ll purp oses.
WHEREA S, on or about . 2024 . it was de te rmined by the VGP S
Pres id e nt and Chi e f Exec utiv e Offi ce r and hi s s taff th at at leas t n.vo third s of the entire VGP S
Exe cutiv e C ommittee and all of th e JPA Me mb e rs vote d to {i) add th e C ity of Coa c he ll a as a
JPA Me mber. {ii) add th e Cit y of Coache ll a to the te rritoria l bound a ri es of th e JPA ; and {iii)
am e nd th e purpo se of JPA as se t forth be low , amon g addition a l provi sion s as stated he re in ; and
WHER EAS, on or about . 2024 , it was de te rmined by th e VG PS
Pres id e nt and C hi e f Exe cutiv e Office r and hi s staff that at leas t two third s of the e ntire VG PS
Exe cutiv e Committee and a ll of the JPA Me mbers vot ed to approv e for adoption and e xecution
thi s Se cond Am e nd e d and Res tate d Joint Powers Agree me nt.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set•
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9-19
forth, and intending to be legally bound hereby, the G-¥-BJPA Members hereby covenant and
agree as follows:
2
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9-20
AGREEMENT
Section t, Definitions
The following words, term s and phrases shall hav e th e following meanings:
'·Ad v isOF)' Board" sha ll mean th e bo ard app o in te d b)' th e JPA E,we uti•,•e Co mmitt ee
fo r th e purposes d ese rib e d iR parag raph (c) o f SectioR I 0.
"Additional JPA M e mb e rs" shall mean qualified o rg ani 2ati o ns municipalitie s that•
may be added as members of G-¥-B-JPA as described in Section 8 .
--Board of Direc tors .. s ha ll mea n th e Board of Direc to rs of th e Greate r Palm Sp r in gs
Bus in ess A llian ce ( .. GP S BA") co mpri sed of pe rson s assoc iated with the lo cal ho spitali ty
industr y for the purpo ses desc ribe d in Sec ti o n 10.
"Convention Hot e l" sh a ll mean a hote l, mot e l o r s imil a r prop e rt y with 50 rooms or
greater0 .
'•Jo in t Exe rc ise of Powe rs Act " s ha ll m e an C ali forn ia Gove rnm e nt C od e sect io ns
6500-6536.
that prov id es fac iliti es ··JP A"' shall mean th e Joint Powe rs Author itY,. and ~
des ig nedm ay al so be re ferrecJ. to. hos t meetin gs or gat he riR gs w it l1in or up o n th e sa m e
p re mi ses o f th e hote l o r ,,..·it l1 in a faci li ty (he re in as YG PS.
··JP A Exe cuti ve Co mmitt ee .. sha ll mea n the JJ>A ·s go ve rnin g bod y form e d f or.
e1.a n1pl e: co n•,<e nti o n ce nt ers, a u d it o rium s, o utd oo r \'e nu es, et c.) th a t is i11 c lose p ro,.imity
of th e h o te l the purpo ses and hav in g th e powe rs a nd duti es se t forth in Section 10,
·'CVB r iscu l Yen(' s h a ll mea n th e p er iod eo mm e n c in g Jtil )' I of eve ry )'ear a nd
en din g Jun e 30 of th e fo ll ow in g ca le nd a r ye a r.
~-·JPA Member" s hall mean an o rga ni w ti o na munici pa lit y that is party to this
Agreement.
"G-¥-B-JPA M e mb e rs" s hall mean , collectively , the orga ni za ti o n s muni c ipaliti es th at
have entered into this A gree m e nt.
"G-¥-B-JPA M ember Contributions" s hall m e an the annual contribution amounts
duly established purs uant to Section 12 .
··G r.iate r P a lm 8 p r i11gs Co nvent io n & V is itors Bu reau " o r --cVB " s h a ll 111 .ia n th e
Jo int Po w e rs Auth o rity fo rm e d b)' th e e iti e s o f C ath e d ra l C ity , Desert H o t S f)rin g s , Indi a n
W e ll s , Indio , La Quinta , Pa lm D esert , P a lm S prin gs a nd R a nc ho M irage a nd t he Co unt y
of Ri ve rs id e .
3
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"Lodging Establishments :· as referenced in Section I 0, Paragraph C ,.:.'. shall mean◄
any structure, which is occupied or intended or designed for use or occupancy by transients,
including but not limited to hotel, resort, motel, inn and individually owned structures;
single family homes, duplexes, triplexes, mobile homes, or any privatepub lic or private c lubs,
campgrounds. mob il e homes or house trai lers at fixed locations, or other li ke structure or portion
thereof and dwelling utilized for short term rental and subject to local transient occupancy
tax.
..,.
UJoint Ei;·ere ise @f Po•Ners ,'\et '~ shall mean Ca liffirn ia G@ enulHn=tt Co ft e seetions
MQQliBli.
··JPA fo,ecutive CommiHee " shall mean the CVB's go·,·erning aod:Y formed for
the purposes and having the pov,•ers and duties set forth in Section I 0.
A ··Non Convention Hotel " shall mean any structure , with the exception of the
previously delined ··Convention Hotels ," or Elll)' portion of any structure which is occupied
or intended or designed for use or occupancy ay transients including, aut not limited to,
dwelling , lodging or s leeping purposes and i1rn ludes any lrntel , inn , tourist home or house ,
motel , studio hotel , Bachelor hotel , lodging house, rooming house , apartment house,
dormitor)', pualic or private c lue , campground , moai le home or house trailer at a fiKed
location, or other like structure or portion thereof. J>Jon Convention I lotel includes a
recreational veliiele , as defined in Cal. I lealth & Safe!)' Code ~ 180 IO and campgrounds .
Partner" shall mean a non-governmental entity whose business and activities are directly
related to the convention or tourism industry and the purposes of this Agreement.
"President and Chief Executive Officer" shall mean the individual employed by
G\LBVGPS , who is responsible for professionally supervising, managing, and administering
C-¥B2sVGPS ·s day-to-day affairs as described in paragraph (e) ofSection 10 and elsewhere in
this Agreement.
··TBIIY-sha ll mean Tour ism Business Improvement District assessment .
___ "Technical Advisory Committee" or ··TAC" shall mean the committee which may be◄
appointed by a majority vote of C-¥B2sVGPS's JPA Executive Committee for the purposes
described in paragraph (d) of Section 10.
"Treasurer" shall mean the individual appointed by C-¥B2sYGPS "s JPA Executive
Committee to serve the functions described at Section 19 and may be the same individual
appointed as Auditor ~
·'YGl'S Fiscal Year ·· sha ll mean the per iod commencing Ju ly of every year and
e nding J une 30 of the fo ll owing ca lendar year.
·•Visit Greater !'aim Springs .. or ··VGPS '' shall mean the Joint Powers Authority
4
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9-22
fo rm e d by the citi es of C a t hedral C ity. Co ach e lla. Dese rt Ho t S prin gs, Indian Well s, Indi o,
La Quinta. Palm Dese rt , Palm Sp rin gs and Ran c ho Mirage, and th e C ounty of Ri ve rs id e .
Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though
fully set forth herein.
Section 3. Purpose
The purpose of thi s Ag ree meAtVGP S is to fo rm a j o iA t powers a uth o rit)' to bene fit a ll
JPA Me mbe rs and the ir co nstitue nts by jointly e Aeo urage , p romo te, a nd to do~
(a) Marketin g, attractin g, e ncourag ing, prom otin g. a nd doin g such other things as•
might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality,
convention, and tourism industry in the Coachella Valley and to attract visitors from national
and international markets , a ll to the benefit of t he C V B Member s a nd tl~eir eo Asti t ue At s.; a nd
(b) Doin g s uch other thin gs to promote and stre ngth en all aspects of th e reg ion al
econom y related to th e ho spitalit y, conve ntion and touri sm indu str y, and th e div e rsification of
th e entire econom y of th e Coac he ll a Vall ey .
Section 4. Name
The name of the JPA shall be fhe..!'··Vi s it Greater Palm Springs Co Ave Ati oA & V is itors·
Bu reau ·· ("CYB '" ("VGP S") or such other name that may be changed at any time by a resolution
approved and adopted by a two-thirds vote of the entire JP A Executive Committee.
Section 5. lfl#i.o.lFirs t A mended and Re s tated Agreement. Superseded
Effective Date
It is intended by the C-¥-B-JP A Members that this Agreement shall be amendatory of•
the lfi.i-tialFirst Am end ed and Restated Agreement and shall restate, amend and supersede the
lfi.i-tialFir st Am end ed and Res tated Agreement. Upon its Effective Date , this Agreement shall
govern the relationship of the C-¥-B-JPA Members. This Agreement shall become effective on
the date this Agreement is approved by a two-thirds vote of the entire membership of the
JPA Executive Committee and a two-thirds vote of the C-¥-B-lft\.Members' legislative bodies
("Effective Date").
Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the C-¥-B-JP A
Members ' legislative bodies provided, however, the foregoing shall not be construed as limiting
the rights of a C-¥-B-JP A Member to withdraw its membership in the JPA, and thus terminate
this Agreement with respect to such withdrawing C-¥-B-lft\. Member as described in Section I 3;
and
5
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9-23
(b) Pursuant to section 6512 of the Government Code, upon termination of this
Agreement and dissolution of the JP A, any surplus money on hand with the JP A shall be
returned to the GV-BJ.EA Members' treasuries in proportion to the GV-BJ.EA Member
Contributions made by the respective GV-BJPA Member to the JPA.
(c) Upon te rminati on o f thi s A greement and di ss oluti on of th e JP A. all of th e
reso ur ces of th e JP A sha ll be used in an e ffort to ensure th at 100% of th e pension li ability is
fund ed . Pursuant to Gove rnm e nt Co de se ction 6508 .2, any rema inin g obli gation s of the JP A
pension plan and other po st-e mp loy ment benefit liabiliti es shall be ass um ed by JPA Memb e rs.
T he JP A w ill mainta in a po li cy of fundin g it s pe nsion liability at a minimum o f 85% and w ill
prom ptl y notify J PA Members at any tim e thi s thres hold is not met.
Section 7. t¥-BJ PA Members
The members of the JPA shall consist of the parties to this Agreement which include the•
cities of Cathedral City, Coac he ll a, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm
Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 8. Additional Members
Additional GV-BJP A Members that qualify to join a joint powers authority under the◄
Joint Exercise of Powers Act may be added as GV-BJP A Members at any time by a two-thirds
vote of the of the entire JPA Executive Committee and a unanimous vote of the GV-BJP A
Members ' legislative bodies in compliance with all applicable provisions of the Joint Exercise
of Powers Act and all other applicable laws.
Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee•
and it shall be comprised of: (i) a duly elected or appointed council member of each city
GV-BJP A Member; and (ii) a member ofthe Riverside County Board of Supervisors.
(b) Only those members ofthe JPA Executive Committee, whose agencies pay the
GV-BJP A Member Contributions , as set forth in this Agreement, shall be entitled to vote.
Section 10. JPA Executive Committee -Powers and Duties
The JPA Executive Committee, consistent with this Agreement and all applicable laws,•
shall exercise all the powers and perform all duties necessary to conduct the business of the JP A,
either directly or by delegation of its authority, as the JPA Executive Committee deems
appropriate, which shall include but not be limited to the following :
(a) Adopt bylaws or rules of procedure to provide for the organization and•
administration of the JPA, as the JPA Executive Committee deems appropriate by a majority
vote ofthe JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JP A 's•
6
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9-24
subsequent fiscal year, the term of which shall be set by a majority vote of the JP A Executive
Committee ;
(c) Apflo int an advisOf)' aoard consis tin g(c) De legate authori ty to m a n age ◄
des tin a ti o n acti v iti es a nd th e da il y operati o ns o f VG PS to G PSBA, in c ludin g but no t limited to
stra teg ic deve lo pme nt. ma rke tin g, trave l tra de, publi c re lat io ns. hum a n reso ur ces an d grou p
sa les, and emplo y an indi v idu a l who sha ll se rve as th e Pres ide nt and C hi ef Executi ve Offi ce r
o f th e JP A. who shall be respo nsibl e for profess ion a ll y supe rvi sin g, man ag in g and
admini sterin g th e day-to-day affa irs of the JP A, hir e and fi re J PA employees, re tain con sult ant s
and indepe ndent contrac to rs and perfo rm such other fun cti o ns as nee ded . Terminati on o f th e • .. ,
Presi dent & Chi e f Exec uti ve Office r w ill req uire a ma jo rity vote of the JP A Exec uti ve I : ,
Co mmi ttee a nd GPSBA Board ~f Dire~to rs. T he Board ~f ~ire_cto rs of the ?PS BA ~ha ll co ns ist /
o tjmy number o tpersons associated with theJ ocaUiosp1tahty •• mdustry, wh1ch.Jn ay.,1 nclude,..but •
p ot_beJ imitedJo ,J hose .. whqp wn ,JT1 anage, govern or serve in senior staff positions for Lodging
Establishments or businesses, eateries, public and private regional sports facilities, public and
private museums, public and private convention and conference facilities, commercial air
transport facilities, commercial ground .transportation businesses, plus any other persons from
any other industry deemed appropriate ay the JPA EJ,ecuti\<e Comm ittee ;. Th e G PS BA sha ll
manage th e destin ation ope rati ons of VG PS. and sha ll be gove rn ed by bylaws, as am end ed fro m
tim e to tim e.
Acti v iti es oth er th an touri sm re lated acti viti es. s uc h as but not limited to eco nomi c
di ve rs ifi cation e fforts, sha ll re ma in the resp on s ibilit y of the JP A and sha ll be gove rn e d by the
J PA Me mbe rs a ncl/o r the ir ass ignee(s) as de te rmined by t he J PA Executive Co mmittee. .
( d) Appoint from time to time, if deemed necessary by a majority vote of the JP A ◄
Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member
employed by each ~JP A Member as designated by the respective JP A Executive Committee
member, for purposes of advising the JPA Executive Committee on any technical issues of the
JP A that the JP A Executive Committee may need advice on;
(e) Emp loy an individua l who s hall serve as the Pres ident and Ch ief Execu tive
Officer of tl~e J PA, ,,.,,ho sha ll be respons ia le for professiona ll y superv ising, manag ing and
adm in ister ing t he day to day affairs of the JPA , hire and tire JPA emp loyees, retain
consu ltants and independent contractors and perform such ot l~er fimct ions as the JPA
Execut ive Comm ittee 1118)' designate ;
ff) .<tl__Retain an individual licensed to practice law in the State of California◄
who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any
legal assistance as may be requested by the JPA Executive Committee or President/Chief
Executive Officer or their authorized designees; and
fg:)ffi_Create any committees, sub-committees, advisory conm~ittees and advisory◄
eearesco mmittees , as deemed necessary by a majority vote of the JPA Executive Committee,
to advance and/or achieve the purposes set forth in th is Agreement.
tfl){gl_Pursuant to Section 6509 of the Government Code, the powers set forth in this◄ \
''
7
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9-25
Agreement shall be subject to the restrictions upon the manner of exercising such similar powers
as are imposed on the City ofRancho Mirage in the exercise of similar powers .
,Sectjon.lL Territorial Boundaries
The JPA's territorial boundaries include the lands situated within the unincorporated•
areas of the Coachella Valley situated in the County of Riverside and the lands situated within
the jurisdictional boundaries of the cities of Cathedral City, Coach e lla, Desert Hot Springs,
Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in
Exhibit A of this Agreement. The territorial boundaries of the G-1/-BVGP S may only be changed
by a two-thirds vote of the JP A Executive Committee and a unanimous vote of the G-1/-BJP A
Members' legislative bodies. .
Section 12. Contributions
(a) Initial Me mb e rs hip Fee. Each G-1/-Bn ew JPA Member shall pay to the JPA-1!
on e -( I) tim e entry fee a nd op e ration fee calculate d a s follow s:
(i)
(ii)
Entr y Fee : Th e .. E ntr y F ee '· s ha ll be cal c ul a ted by multipl y in g th e ne \\·
JPA Me mb e r 's c urr e nt fi s ca l year 's gro ss reve nu e es timat e bv .55°/4,.
Ope ration Fee: Th e: '·Ope ration Fee " sha ll be ca lcul ated by rnulti plvin g
the Entr y Fee by 15 .6 2%.
The s um of the Ent1y Fee and the Operation Fee is due within thirty (30)
days ofa ne w JPA Me mbe r joinin g the JPA.
fa,(b) A nnual Contribution . Each JPA Memb e r sha ll pay to th e JP A (i) th e grea te r o f•
$35,000 each ye ar . or (ii) the applicable contribution amounts as set forth in the formula below,
which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a
unanimous vote ofthe G-1/-BJP A Members' legislative bodies. T he 13 roY is io As of thi s secti o n
may o nl y be chaA ge d or a me nde d w ith a unaAimou s vote o f the J PA Execut ive Co mmitt ee a nd
a unanimou s vote o f the C VBJP A Members' legislative bodies sha ll , at a minimum . make
q uart erl y pay ment s o f th e annu a l contribution to VGP S .•
___ A contribution from each of the G-1/-B:!.fA Members is a funding mechanism equal
to ~
.0015 x Gross Room Rental Revenue for Neti-Lodg in g Es ta bli shm e nts exc ludin g◄
Conventio n. Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels
fb)fill_ The Gross-14etel Room Rental Revenue described herein shall not include any ◄
transient occupancy tax rebate incentives provided by the G-1/-B:!.fA Members .
Section 13. Withdrawal
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9-26
Any Party may withdraw as a G-¥-BJP A Member and the obligations under this
Agreement subject to the following conditions:
(a) The withdrawing G-¥-BJP A Member's legislative body submits a duly adopted
resolution to the JPA Executive Committee providing Notice of Withdrawal.
(b) The effective date of withdrawal shall always be the last day ofthe G-¥-B-'-VG PS '
s Fiscal Year.
(c) All G-¥-BJP A Member Contributions must be paid in full by the withdrawing
G-¥-BJP A Member through the end of the current G-¥-BVG PS Fiscal Year of the year when the
withdrawing G-¥-BJP A Member provides its Notice ofWithdrawal as well as the following
G-¥-BVG PS Fiscal Year.
(d) After giving notice of withdrawal, a withdrawing G-¥-BJP A Member shall not
have voting privileges on the JP A Executive Committee except for operating budget items
through the effective date of withdrawal.
(e) A withdrawing G-¥-BJP A Member may again become a party to this Agreement
on condition that it pays to the treasury of the G-¥-B VG PS an amount equal to all G-¥-B JPA
Member Contributions which the withdrawing G-¥-BJP A Member would have been required to
pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the G-¥-BVGPS may remain active
Partners as long as their respective government entity is a G-¥-BJP A Member and during the
period of their G-¥-BJP A Member's withdrawal from the Joint Powers Agreement. .
(g) In th e eve nt o f w ithd rawa l by a J PA Me mber, th e J PA sha ll co ntinu e to be e ntitl ed
to th e full amo un t of th e TB ID unl ess a nd u ntil the TB ID exp ires w ith o ut re newa l or is
di ses tabli shed pu rs uant to th e Proper ty a nd Bus in ess Im prove me nt Area Law of 1994, Stree ts
& Hi ghways Code §366 00 e t seq . T he withd raw in g JP A Me m ber sha ll co ntinu e to be
respo ns ibl e for co llect in g the TB ID o n a monthl y bas is (in c ludin g any de lin q ue nc ies, pe na lti es
and inte rest) from eac h assesse d bu s iness and forwardin g th e sa me to th e JP A.
Section 14. Ex pul sion /W ithd ra wal
A JP A Me mbe r may be expe ll ed or suspe nded by a two-t hird s (2 /3) vo te of the VGPS
Exec uti ve Commi ttee for an eve nt of breac h of t hi s Ag ree me nt or the By laws, as a me nd ed fro m
ti me to ti me, as de termined by the re ma ini ng me mbers of the J PA Exec uti ve Co mmi ttee . T he
proce dures fo r hear in g and not ice of exp ul s ion and s uspe ns io n s ha ll be set fort h in th e by laws of
th e J PA Exec ut ive Co mmi ttee .
"'S""e""ct,.,,io:::.n:.:...:.1~5,_. __ Separate Entity
P-tt-FsttaRtExcep t fo r te rmin ati o n as pro v id ed in Secti o n 6 of thi s Ag ree me nt , purs uant to◄
section 6507 of the Government Code, this JPA shall at all times be an independent public entity
separate from the parties to this Agreement, and the debts, liabilities and obligations of the JP A
9
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9-27
shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any
one G¥BJP A Member except that any G\l-B,JPA Member may separately contract for, or assume
responsibility for specific debts, liabilities, or obligations of the JP A.
Sectjon -t-S16, Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the◄
California Government Code, this JP A shall have the authority to exercise any power common
to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts;
(b) The power to engage necessary employees, to define their qualifications and◄
duties and to provide a schedule of compensation for performance of their duties;
~f.!2)_ The power to retain agents, independent contractors and consultants, including◄
without limitation the power to engage legal counsel and other professional services;
Wf.fL The power to acquire , construct, manage, maintain or operate any building,◄
works or improvements;
~@_ The power to acquire by purchase, grant, gift, lease or other lawful means any◄
real property or any personal property that may be necessary or proper to carry out the purposes
and intent of the JP A;
fB{fil_ The power to hold any real property or any personal property that may be•
necessary or proper to carry out the purposes and intent of the JPA ;
fgji..!l.._ The power to sell , lease or otherwise dispose of any real or personal property◄
including exchanging equivalent properties ifit is deemed to be in the best interests of the JPA;
f!B.{g)_ The power to donate any surplus real or personal property to any public agency◄
or nonprofit organization;
fij.(hl_The power to incur debts, liabilities or obligations, including without limitation◄
the power to borrow money, give security therefore, and purchase on contract;
f:H.Lll_ The power to raise revenue for any public purpose consistent with the JPA 's◄
purposes, as set forth in this Agreement, through any legal and appropriate means other than
levying a tax or assessment beyond the scope of those assessments which may be established
and levied pursuant to the Parking and Business Improvement Area Law of 1989,
Streets & Highways Code §36500 et seq., and the Property and Business Improvement
District Law of 1994, Streets & Highways Code §36600 et seq;
.(iL_ The power to form , renew, and modify improvement districts including all
Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business
Improvement Area Law of 1989, Streets & Highways Code §36500 et seq ., and the Property
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9-28
and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq.,
which authorizes joint powers agencies to establish, m o d ify a nd re new parking and business
improvement areas and property and business improvement districts for the purpose of tourism
promotion. Approval of this agrne1Hent/\gree me nt by the G\LBJP A Members constitutes
consent.,..fi) to-_;_
fltj.ill_the formation of the Greater Palm Springs Convention & Visitors◄
Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including
all proceedings and actions previously taken by the CYB in eon neet io n wi H1 fon Hat ion of the
said distriet ('·20 13 TMD "); (ii ) to form an improvement d istr iet not to exceed an assessment
rate of one pe rcent (I%) on Lodg in g es tae li sl~me nts not current!;' eeing assessed un der the 20 13
TMD or t he Pa hH Springs Dese rt Resort Co mmu nit ies Tour is m Business Im provement
Distric t es tae li s l~ed B)' Ord inan ce }Jo. 883 of t he Count)' of Riverside ("Touris m BID "); and
(iii ) to co nso lidate th e 20 13 TMD a nd Tou ri sm B ID as long as th e overa ll assess me nt rate does
not exceed thr ee pe rce nt (3%) o n the ent ities current ly eeing assessed the re in;VG PS in
co nn ec ti o n with fo rm a ti o n of th e sa id di stri ct ("2 01 3 TMD "); a nd
(ii ) the for mati o n of th e G rea te r Pa lm S prin gs To uri s m Bus iness
Im prove me nt Di stri ct purs ua nt to Reso lu t io n No. 201 6-00 4 a nd to levy a n assess me nt of three
pe rce nt (3%) on Co nve nti o n Hot e ls;
(iii ) t h e renewa l of th e Greate r Pa lm Sprin gs T ouri s m Bus iness Im pro ve me nt
Di s tri ct p urs uant to Ord in ance No . 20 20 -005 ( .. 20 2 1 TB HY'l and to levy an assess me nt of three
pe rce nt (3%) o n Co n ve nti o n H ote ls a nd o ne perce nt (I %) o n vaca ti o n re n ta ls:
fBfil_ The power to adopt rules, regulations, resolutions and ordinances that may be ◄-
necessary or proper to carry out the purposes and intent of the JP A;
ffnj(.ll__The power to enforce rules, regulations, resolutions and ordinances for the
administration, maintenance and operation of the JPA;
W.C!:!!1_ The power to enter into joint powers agreements pursuant to the Joint Exercise ◄
of Powers Act, as set forth in section 6500, et seq. of the Government Code;
Wi!!L The power to provide insurance . pursuant to section 989 of the Government ◄
Code, .et seq.;
fp){QL The power to sue and be sued in the name of the JPA;
WiPL...The power to conduct certain activities of the JPA in any state or territory of the United◄ ,
States of America or in any foreign country, related to grow in g and di ve rs ify in g th e eco no my
t hro ugh p romoting and marketing all aspects of the hospitality , convention and tourism industry in the
Coachella Valley for the purpose of attracting visitors, gro ups, mee tin gs, co n vent ion s a nd new
bu s in esses from national and international markets, as permitted pursuant to Government Code section
37110;
(8.(g)_ The power to travel domestically and internationally that is necessary or proper◄
11
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9-29
to carrying out the purposes and intent of the JPA;
~.(rl_ The power to provide staff and resource support, financial assistance and•
subsidies to other public agencies , non-profit organizations and the private sector for purposes
consistent with the purpose and intent of the JPA;
ftjw..._.The_..p ower toJ obby_..on..behal (.o(travel and Jourism~ and economic development;: _
-
Wfil_.The power to form a non-profit corporation or other affiliated non-profit entities
fo U he,p urpose .. o (promoting ancf..enhancing aI L aspects .. o (Jhe. hospitalit)', eonvent ion and
.tourism and eco nomic deve lopmen~ industry; and
MM_ The power to take any and all actions neces sary for, or incidental to, the powers•
ex pressed or implied by this Agreement and all applicable laws,
Sectjop ¾ 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest•
any money in its treasury pursuant to the provisions set forth in Government Code section
6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine
from time to time is advisable, in the same manner and upon the same conditions as local
agencies pursuant to Government Code section 53601,
Section +718, Bonding
Pursuant to Government Code section 6505. I, individuals occupying the following•
positions shall file an official bond in an amount deemed sufficient by the JP A Executive
Committee:
(a) President/ChiefExecutive Officer;
(b) Director of Finance; and
(c) Treasurer,
Section f8 19, Treasurer and Auditor -Designations
Pursuant to Government Code section 6505 ,6, the JPA Executive Committee shall•
designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and
Auditor of the JP A, and the JP A Executive Committee may appoint one qualified person to serve
as both Treasurer and Auditor or two qualified persons to serve as each separately,
Section -1-920 , Treasurer -Duties and Responsibilities
Pursuant to section 6505 .5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the•
12
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9-30
treasury of the Treasurer so designated to the credit of the JP A;
(b) Be respons ible, upon his or her official bond, for the safekeeping and
disbursement of all JPA money so held by the Treasurer; Pa;', when due , out of mone;' of the
JPA he ld O)' t he Treasurnr, a ll sums pa;'ab le on outstanding bonds and coupons of the JPA;
(c) Pay when due, out of the money of the JPA held by the Treasurer, all sums
payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof,• ,
only upon warrants of the public officer performing the functions of auditor or controller who
has been designated by this Agreement; and
(e) Verify and report in writing on the first da;· of Ju ly, October, January and Apri l·
~no less th an five (5) tim es per year to the President/Chief Executive Officer, the JPA
Executive Committee and to all Parties the amount of money the Treasurer ho ldsfi nanc ial
state ment of activ it ies for the JPA, the amount of receipts since the Treast1rer 's last report , and
the amount pa id out since the Treasure r's last report~.
13
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Section W2 I , Independent Audit
Pursuant to section 6505 .6 of the Government Code, the Treasurer shall cause an◄
independent audit to be made by a certified public accountant or public accountant, in
compliance with section 6505 of the Government Code.
Sectjop ¼122, Auditor's Duties
The Auditor shall perform the following duties :
(a) Review and recommend to the JPA Executive Committee accounting procedures◄
and policies governing the JP A;
(b) Review and approve all demands listed on the Warrant Registers prior to◄
submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee◄
and make the JP A Executive Committee aware of any discrepancies or potential problems in
the reports;
(e) Review investments made by the President or Treasurer;
(f) Review the audit report prepared by a Certified Public Accounting firm prior to•
finalization of the report and submittal to the JPA Executive Committee; and
(g) Assist staff in the selection of the Certified Public Accounting firm.
Sectjop ¥23 . Attorney's Fees
In the event litigation or other proceed ing is required to enforce or interp ret any
provision of th is Agreement, the prevai ling party in suc h litigation or ot her proceed ing sha ll be
entit led to an award of its actual and reasonab le attorney's fees, costs and expenses incurred in
the proceed ing.
Section 24. Voting
Each JPA Member shall have an equa l vote . A mot ion considered by the JPA Executive
Committee sha ll require a majorit y of votes cast (mo re than halQ to pass suc h motion. In the
event ofa tie vote, such motion before the JPA Executive Committee sha ll be deemed defeated.
Section 25 . Severability
If any term, provision, covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if
any, of this Agreement shall continue in full force and effect, unless enforcement of this
14
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9-32
Agreement as so invalidated would be unreasonable or grossly inequitable under all the
circumstances or would frustrate the purposes of this Agreement.
15
9-33
Section M 26, Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no
waiver shall be implied from any omission by a Party to take any action.
Section M 27, Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire•
JPA Executive Committee and a unanimous vote of the G¥BJPA Members' legislative bodies
in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other
applicable laws .
Sectjop #§28, Ambiguities or Uncertainties
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The G¥BJPA Members have mutually negotiated the terms and conditions of this• -[ Formatted: Right O"
Agreement and each G¥BJPA Member received independent legal advice from its attorneys ~---~------------~
with respect to the advisability of executing this Agreement and the meaning of the provisions
contained herein. As such, this Agreement is a product of the joint drafting efforts of all
G¥BJ PA Members and none of the G¥BJ PA Members shall be deemed to have solely or
independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties
are not to be construed against or in favor of any G¥BJ PA Member.
Section U 29, Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State•
of California.
Section F 30, Venue
In the event that suit is brought by any party to this Agreement, the parties agree that•
venue shall be exclusively vested in the State courts of the County of Riverside, California or
where appropriate, in the United States District Court, Southern District of California,
Riverside, California.
Sectjop a-B31 , Notices
Any notice or communication required hereunder between the JPA and the G¥BJPA•
Members shall be in writing, and may be given either personally or by registered mail, return
receipt requested. Notice, whether given by registered mail or personal delivery, shall be
deem ed to have been given and received on the actual receipt by any of the addresses designated
below as the party to whom notices are to be sent. Any party hereto may at any time, upon
written notice to the other party hereto, designate any other address in substitution of the address
to which such notice or communication shall be given. Such notices or communications shall
be given to the parties at their addresses set forth below :
16
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9-34
ity of Cathedral City
8700 A venida Lalo Guerrero
athedral City, CA 92234
ttention: City Manager
of Indian Wells 4 4 950 E l
• Desert Hot Spr in gs.
• n Wells! 1999 Palm Drive
92236
ana er
orado
,CA
ntion:
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Sectjop £232. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which •
is deemed to be an original, and all of which when taken together shall constitute one and
the same instrument.
Section JQ331 Privileges and Immunities
Pursuant to section 65 I 3 of the Government Code, all of the privileges and •
immunities from liability, exempt ion s from laws, ordinances and rules , all pension, relief,
17
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9-35
disability, workmen's compensation, and other benefits which apply to the activity of
officers, agents or employees of any the Parties when performing their respective functions
within the territorial limits of their respective public agencies, shall apply to them to the
same degree and extent while engaged in the performance of any of their functions and
duties performed extraterritorially under the provisions of this Agreement..
18
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(SIGNATURES APPEAR ON THE FOLLOWING PAGES (
9-37
IN WITNESS WHEREOF, the du ly authorized representatives of the G-¥-BJPA•
Members have each executed this Agreement.
.CITY OF CATHEDRAL CITY
Mark Carneva le,. Mayor .
,Dated :
Char li e McClendon. City Manager
ATTEST:
'
Tracey R. Hermosillo,. City Clerk
APPROVED AS TO FORM:
'
Eric S. Vail,. City Attorney
CITY OF INDl ,,...N WEbbSDESERT
HOT SPRINGS
Scott Matas,.Mayor .
,Dated:
CITY OF DESERl=
SPRINCSCOACHELLA
Steven Hernandez. Mayor .
,Dated :
Gabriel Martin. City Manage_r
ATTEST:
Ange la M. Zegeda,. City Clerk
APPROVED AS TO FORM:
Car los Cam gos .• City Attorney
CITY OF JN-1)1.()INDIAN WELLS
Greg Sander s, Mayor .
,Dated:
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Christopher Free land .• City Manager
Frank Luckino. City Manager
,ATTEST:
,ATTEST:
Angelica A vi la .• City Clerk
Daniel Mc Vey~ City Clerk
,A PPROVED AS TO FORM:
,APPROVED AS TO FORM :
Todd Leishman. City Attorney
Jennifer Mizrahi~ City Attorney
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9-39
CITY OF LA Ql!INTAINDIO CITY OF PALM DESERTLA QUINTA
Guadalui;1e Ramos Am ith ..,Mayor Linda Evans.,Mayor . .
Dated: Dated:
Bryan Montgomery., City Manager Jon McMillen . City Manager
,ATTEST : ,ATTEST:
Cynthia Hernandez.., City Clerk Monika Redeva. City Clerk
,APPROVED AS TO FORM: ,APPROVED AS TO FORM:
Steven P. Graham.., City Attorney William H. Ihrke. City Attorney
CITY OF PALM SPRINGSDESERT CITY OF R,~NGHQ MIRAGEPALM
SPRINGS
Karina Quintanilla .• Mayor . Jeffrey Bernstein .,Mayor . -
,Dated:
Dated :
Todd Hileman. City Manager
Scott Sti le s .., City Manager
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9-40
ATTEST :
ATTEST :
,
Anthony Mejia.,City Clerk
Brenda Pree. City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM :
lsra Shah~ City Attorney
Jeffrey Ballinger., City Attorney
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9-41
COlJNTYCITY OF RIVERSIDERANCHO COUNTY OF RIVERSIDE . [ Form atted Table
MIRAGE . [ For m atted: No rm al
Chuck Washington. C hairman
Steve Downs, Mayor
Dated: Jeff Van Wagenen. County
Executive Manager
Isaiah Hagerman . City Manager
Ghain:na1=1 ATTEST :
, Cetmty e1<eet1t iv e Gfl'ieer
Kimber ly A. Rector, Clerk of the
Board I< Form atted: Norma l
A TTEST:
APPROVED AS TO FORM :
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Kristie Ramos . City C lerk efthe Beard I< Formatted: Font: 12 pt
Minh Tran , County Counse l
A PPROVED AS TO FORM: Formatted: Norma l
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, Ce t1AI;' Ce t1A se l
Steven B, Quintanilla, City Attorney
9-42
EXHIBIT A
.TERRITORIAL BOUNDARIES -( Formatted: Font 11 pt
9-43
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ATTACHMENT 4
RESOLUTION
(SEE ATTACHED)
9-44
1
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, APPROVING THE SECOND AMENDED AND
RESTATED VISIT GREATER PALM SPRINGS JOINT POWERS
AGREEMENT
WHEREAS, the City of Rancho Mirage is a charter city and a municipal corporation
of the State of California, and recognized as a political subdivision of State of California
for certain purpose; and
WHEREAS, the Palm Springs Desert Resort Communities Convention and
Visitors Authority, now known as “Visit Greater Palm Springs” is a joint powers authority
operating under the Joint Exercise of Powers Act (California Government Code §§6500
et seq.); and
WHEREAS, Visit Greater Palm Springs was formed in 1989. The operative legal
document governing the joint powers authority is the Joint Powers Agreement, originally
executed in 1989 and subsequently amended on multiple occasions, most recently in
2015; and
WHEREAS, Visit Greater Palm Springs’ Executive Committee adopted Resolution
Nos. 2024-002 and 2024-003, approving various amendments to the Joint Powers
Agreement, and authorizing the President/Chief Execute Officer to take all reasonable
steps to seek approval of the amendments by the legislative bodies of the JPA members.
Among the revisions recommended are provisions for the City of Coachella to join the
JPA agreement, establishing a regional economic development marketing strategy to be
administered by VGPS, and new JPA member contributions. The Visit Greater Palm
Springs staff report and resolutions are attached to the staff report, and the proposed
Second Amended and Restated Joint Powers Agreement, incorporating all
recommended revisions, is incorporated herein and attached hereto as Exhibit “A”; and
WHEREAS, the City Council desires to approve the Second Amended and
Restated Visit Greater Palm Springs Joint Powers Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. RECITALS AND EXHIBITS
That the foregoing Recitals and attached Exhibits are true and correct and are
hereby incorporated by this reference.
SECTION 2. APPROVAL OF SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT
9-45
2
That the City Council hereby approves the Second Amended and Restated Joint
Powers Agreement.
SECTION 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
SECTION 7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of Resolution and/or
Second Amended and Restated Joint Powers Agreement be rendered or declared invalid
by any final court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences or words as hereby
adopted shall remain in full force and effect.
SECTION 8. CERTIFICATION
That the City Clerk shall certify as to the adoption of this Resolution and shall cause
the same to be processed in the manner required by law.
SECTION 9. REPEAL OF CONFLICTING PROVISIONS
That all provisions of any resolution in effect prior to the effective date of this
Resolution as adopted by the City Council that are in conflict with the provisions of this
Resolution, are hereby repealed.
9-46
3
PASSED AND ADOPTED on this ___ day of ____, 2024.
_________________________
Steve Downs, Mayor
ATTEST:
_____________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_____________________________
Colin D. Kirkpatrick, City Attorney
9-47
EXHIBIT "A"
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT
(SEE ATTACHED)
9-48
9-49
VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
("Second Amended and Restated Agreement")
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq.
2024 -------~
9-50
TABLE OF CONTENTS
RECITALS ........................................................................................................................... 1
AGREEMENT ..................................................................................................................... 1
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Definitions ....................................................................................... 1
Incorporation of Recitals ................................................................. 3
Purpose ............................................................................................ 3
Name ................................................................................................ 3
First Amended and Restated Agreement Superseded -Effective Date
3
Termination ...................................................................................... 3
JPA Members .................................................................................. 4
Additional Members ........................................................................ 4
Governing Body ............................................................................... 4
JPA Executive Committee -Powers and Duties ............................. 4
Territorial Boundaries ...................................................................... 5
Contributions ................................................................................... 6
Withdrawal ...................................................................................... 6
Separate Entity ................................................................................. 6
Powers of the JPA ............................................................................ 7
Power to Invest ................................................................................ 9
Bonding ........................................................................................... 9
Treasurer and Auditor -Designations ............................................. 9
Treasurer -Duties and Responsibilities ........................................... 9
Independent Audit ......................................................................... 10
9-51
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
EXHIBIT A
Auditor's Duties ............................................................................. 10
Severability .................................................................................... 10
Waiver ........................................................................................... 10
Amendments .................................................................................. 10
Ambiguities or Uncertainties ......................................................... 11
Applicable Law .............................................................................. 11
Venue ............................................................................................. 11
Notices ........................................................................................... 11
Counterparts ................................................................................... 12
Privileges and Immunities ............................................................. 12
Territorial Boundaries .......................................................................................................... 16
ii
9-52
This Second Amended and Restated Joint Powers Agreement (this "Agreement") is
entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent
municipal corporation located in the County of Riverside, State of California, and the County
of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of
Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint
Powers Authority is known as "Visit Greater Palm Springs" ("VGPS"). The parties to this
Agreement are individually referred to herein as "JPA Member" and collectively as "JPA
Members."
RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their
legislative or other governing bodies, two or more public agencies which include, but are not
limited to, a county or city, may jointly exercise any power common to the contracting parties
via a Joint Powers Agreement creating a Joint Powers Authority ("JPA''); and
WHEREAS, the JPA Members entered into the original joint powers agreement on
February 8, 1989, to jointly encourage, promote, and to do such other things as might be
necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention
and tourism industry in the Coachella Valley and to attract visitors from a world-wide market,
all to the benefit of the member organizations and their citizens via the exercise of all the
expressed and implied powers the JPA M,embers have in common; and
WHEREAS, it is intended by the JPA Members that this Agreement shall be
amendatory of the First Amended and Restated Joint Powers Agreement, dated January 20,
2016, including any subsequent amendments ("First Amended and Restated Agreement"), and
shall restate, amend and supersede the First Amended and Restated Agreement in its entirety
as of the Effective Date; and
WHEREAS, on or about ______ ., 2024, it was determined by the VGPS
President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS
Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a
JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii)
amend the purpose of JPA as set forth below, among additional provisions as stated herein; and
WHEREAS, on or about -----~ 2024, it was determined by the VGPS
President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS
Executive Committee and all of the JPA Members voted to approve for adoption and execution
this Second Amended and Restated Joint Powers Agreement.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set
forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree
as follows:
9-53
AGREEMENT
Section J, Definitions
The following words, terms and phrases shall have the following meanings:
"Additional JPA Members" shall mean qualified municipalities that may be added as
members of JPA as described in Section 8.
"Board of Directors" shall mean the Board of Directors of the Greater Palm Springs
Business Alliance ("GPSBA") comprised of persons associated with the local hospitality
industry for the purposes described in Section 10.
"Convention Hotel" shall mean a hotel, motel or similar property with 50 rooms or
greater.
"Joint Exercise of Powers Act" shall mean California Government Code sections
6500-6536.
"JPA'' shall mean the Joint Powers Authority and may also be referred to herein as
VGPS.
"JPA Executive Committee" shall mean the JPA's governing body formed for
the purposes and having the powers and duties set forth in Section 10.
"JPA Member" shall mean a municipality that is party to this Agreement.
"JPA Members" shall mean, collectively, the municipalities that have entered into
this Agreement.
"JPA Member Contributions" shall mean the annual contribution amounts
duly established pursuant to Section 12.
"Lodging Establishments" shall mean any structure, which is occupied or intended
or designed for use or occupancy by transients, including but not limited to hotel, resort,
motel, inn and individually owned structures; single family homes, duplexes, triplexes,
mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed
locations, or other like structure or portion thereof and dwelling utilized for short term rental
and subject to local transient occupancy tax.
"Partner" sha ll mean a non-governmental entity whose business and activities are directly
related to the convention or tourism industry and the purposes of this Agreement.
"President and Chief Executive Officer" shall mean the individual employed by VGPS,
who is responsible for professionally supervising, managing, and administering VGPS's day
to-day affairs as described in paragraph ( e) of Section IO and elsewhere in this Agreement.
"IBID" shall mean Tourism Business Improvement District assessment.
"Technical Advisory Committee" or "TAC" shall mean the committee which may be
9-54
appointed by a majority vote ofVGPS's JPA Executive Committee for the purposes described
in paragraph ( d) of Section 10.
"Treasurer" shall mean the individual appointed by VGPS's JPA Executive Committee
to serve the functions described at Section 19 and may be the same individual appointed as
Auditor.
"VGPS Fiscal Year" shall mean the period commencing July 1 of every year and
ending June 30 of the following calendar year.
"Visit Greater Palm Springs" or "VGPS" shall mean the Joint Powers Authority
formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio,
La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though
fully set forth herein.
Section 3. Purpose
The purpose ofVGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as
might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality,
convention, and tourism industry in the Coachella Valley and to attract visitors from national
and international markets; and
(b) Doing such other things to promote and strengthen all aspects of the regional
economy related to the hospitality, convention and tourism industry, and the diversification of
the entire economy of the Coachella Valley.
Section 4. Name
The name of the JPA shall be "Visit Greater Palm Springs" ("VGPS") or such other
name that may be changed at any time by a resolution approved and adopted by a two-thirds
vote ofthe entire JPA Executive Committee.
Section 5. First Amended and Restated Agreement Superseded -Effective Date
It is intended by the JPA Members that this Agreement shall be amendatory of the First
Amended and Restated Agreement and shall restate, amend and supersede the First Amended
and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship
of the JPA Members. This Agreement shall become effective on the date this Agreement is
approved by a two-thirds vote of the entire membership of the JPA Executive Committee and
a two -thirds vote of the JPA Members' legislative bodies ("Effective Date").
Section 6. Termination
9-55
(a) This Agreement may be terminated by unanimous vote ofall the JPA Members'
legislative bodies provided, however, the foregoing shall not be construed as limiting the rights
of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement
with respect to such withdrawing JPA Member as described in Section 13; and
(b) Pursuant to section 6512 of the Government Code, upon termination of this
Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be
returned to the JPA Members' weasuries in proportion to the JPA Member Contributions made by
the respective JPA Member to the JPA.
(c) Upon termination of this Agreement and dissolution of the JPA, all of the
resources of the JP A shall be used in an effort to ensure that 100% of the pension I iabil ity is
funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA
pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.
The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will
promptly notify JPA Members at any time this threshold is not met.
Section 7. JPAMembers
The members of the JPA shall consist of the parties to this Agreement which include the
cities of Cathedral City , Coachella, Desert Hot Springs, Indian Wells , Indio, La Quinta, Palm
Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 8. Additional Members
Additional JPA Members that qualify to join a joint powers authority under the Joint
Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the
of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative
bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all
other applicable laws.
Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee
and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA
Member; and (ii) a member ofthe Riverside County Board of Supervisors.
(b) Only those members of the JPA Executive Committee, whose agencies pay the
JPA Member Contributions , as set forth in this Agreement, shall be entitled to vote.
Section 10. JPA Executive Committee -Powers and Duties
The JPA Executive Committee, consistent with this Agreement and all applicable laws,
shall exercise all the powers and perform all duties necessary to conduct the business of the JPA ,
either directly or by delegation of its authority, as the JPA Executive Committee deems
appropriate, which shall include but not be limited to the following :
(a) Adopt bylaws or rules of procedure to provide for the organization and
administration of the JPA , as the JPA Executive Committee deems appropriate by a majority
vote of the JPA Executive Committee;
9-56
(b) Approve and adopt a budget for the JPA prior to the commencement of the JP A's
subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive
Committee;
( c) Delegate authority to manage destination activities and the daily operations of
VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade ,
public relations, human resources and group sales, and employ an individual who shall serve as
the President and Chief Executive Officer of the JPA, who shall be responsible for
professionally supervising , managing and administering the day-to-day affairs of the JPA, hire
and fire JP A employees, retain consultants and independent contractors and perform such other
functions as needed. Termination of the President & Chief Executive Officer will require a
majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of
Directors of the GPSBA shall consist of any number of persons associated with the local
hospitality industry , which may include, but not be limited to, those who own, manage, govern
or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and
private regional sports facilities, public and private museums, public and private convention
and conference facilities, commercial air transport facilities, commercial ground transportation
businesses, plus any other persons from any other industry deemed appropriate. The GPSBA
shall manage the destination operations ofVGPS, and shall be governed by bylaws, as amended
from time to time.
Activities other than tourism related activities, such as but not limited to economic
diversification efforts, shall remain the responsibility of the JPA and shall be governed by the
JPA Members and/or their assignee(s) as determined by the JPA Executive Committee .
( d) Appoint from time to time, if deemed necessary by a majority vote of the JPA
Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member
employed by each JPA Member as designated by the respective JPA Executive Committee
member, for purposes of advising the JPA Executive Committee on any technical issues of the
JPA that the JPA Executive Committee may need advice on;
(e) Retain an individual licensed to practice law in the State of California who shall
serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal
assistance as may be requested by the JPA Executive Committee or President/Chief Executive
Officer or their authorized designees; and
(f) Create any committees, sub -committees, and advisory committees, as deemed
necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the
purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this
Agreement shall be subject to the restrictions upon the manner of exercising such similar powers
as are imposed on the City of Rancho Mirage in the exercise of similar powers.
Section IL Territorial Boundaries
The JPA's territorial boundaries include the lands situated within the unincorporated
areas of the Coachella Valley situated in the County of Riverside and the lands situated within
the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs ,
9-57
Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in
Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a
two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members'
legislative bodies.
Section 12. Contributions
(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-(1)
time entry fee and operation fee calculated as follows:
(i) Entry Fee: The "Entry Fee" shall be calculated by multiplying the new
JPA Member's current fiscal year's gross revenue estimate by .55%.
(ii) Operation Fee: The "Operation Fee" shall be calculated by multiplying
the Entry Fee by 15.62%.
The sum of the Entry Fee and the Operation Fee is due within thirty (30)
days of a new JPA Member joining the JPA.
(b) Annual Contribution. Each JP A Member shall pay to the JP A (i) the greater of
$35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below,
which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a
unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall ,
at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding
Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels
(c) The Gross Room Rental Revenue described herein shall not include any transient
occupancy tax rebate incentives provided by the JPA Members.
Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement
subject to the following conditions:
(a) The withdrawing JPA Member's legislative body submits a duly adopted
resolution to the JPA Executive Committee providing Notice ofWithdrawal.
(b) The effective date of withdrawal shall always be the last day of the VGPS' s
Fiscal Year.
( c) All JPA Member Contributions must be paid in full by the withdrawing JPA
Member through the end of the current VGPS Fiscal Year of the year when the withdrawing
JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year.
(d) After giving notice of withdrawal, a withdrawing JPA Member shall not have
voting privileges on the JPA Executive Committee except for operating budget items through
9-58
the effective date of withdrawal.
( e) A withdrawing JPA Member may again become a party to this Agreement on
condition that it pays to the treasury of the VGPS an amount equal to all JPA Member
Contributions which the withdrawing JPA Member would have been required to pay if it had
not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active
Partners as long as their respective government entity is a JPA Member and during the period
of their JPA Member's withdrawal from the Joint Powers Agreement.
(g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled
to the full amount of the TBID unless and until the TBID expires without renewal or is
disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets
& Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be
responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties
and interest) from each assessed business and forwarding the same to the JPA.
Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS
Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from
time to time, as determined by the remaining members of the JPA Executive Committee. The
procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of
the JPA Executive Committee.
Section ts, Separate Entity
Except for termination as provided in Section 6 of this Agreement, pursuant to section
6507 of the Government Code, this JPA shall at all times be an independent public entity
separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA
shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any
one JPA Member except that any JPA Member may separately contract for, or assume
responsibility for specific debts, liabilities, or obligations of the JPA .
Section 16, Powers of the JP A
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the
California Government Code, this JPA shall have the authority to exercise any power common
to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts;
(b) The power to engage necessary employees, to define their qualifications and
duties and to provide a schedule of compensation for performance of their duties;
(d) The power to retain agents, independent contractors and consultants, including
without limitation the power to engage legal counsel and other professional services;
(e) The power to acquire, construct, manage , maintain or operate any building,
9-59
works or improvements;
(f) The power to acquire by purchase, grant, gift, lease or other lawful means any
real property or any personal property that may be necessary or proper to carry out the purposes
and intent of the JPA;
(g) The power to hold any real property or any personal property that may be
necessary or proper to carry out the purposes and intent of the JPA;
(h) The power to sell, lease or otherwise dispose of any real or personal property
including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;
(i) The power to donate any surplus real or personal property to any public agency
or nonprofit organization;
U) The power to incur debts, liabilities or obligations, including without limitation
the power to borrow money, give security therefore, and purchase on contract;
(k) The power to raise revenue for any public purpose consistent with the JPA 's
purposes, as set forth in this Agreement, through any legal and appropriate means other than
levying a tax or assessment beyond the scope of those assessments which may be established
and levied pursuant to the Parking and Business Improvement Area Law of 1989,
Streets & Highways Code §36500 et seq., and the Property and Business Improvement
District Law of 1994, Streets & Highways Code §36600 et seq;
(l) The power to form, renew, and modify improvement districts including all
Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business
Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property
and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq.,
which authorizes joint powers agencies to establish, modify and renew parking and business
improvement areas and property and business improvement districts for the purpose of tourism
promotion. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors
Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including
all proceedings and actions previously taken by the VGPS in connection with formation of
the said district ("2013 TMD"); and
(ii) the formation of the Greater Palm Springs Tourism Business
Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three
percent (3%) on Convention Hotels;
(iii) the renewal of the Greater Palm Springs Tourism Business Improvement
District pursuant to Ordinance No. 2020-005 ("2021 TBID") and to levy an assessment of three
percent (3%) on Convention Hotels and one percent (1 %) on vacation rentals;
(m) The power to adopt rules, regulations, resolutions and ordinances that may be
necessary or proper to carry out the purposes and intent of the JPA;
(n) The power to enforce rules, regulations, resolutions and ordinances for the
administration, maintenance and operation of the JPA;
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(o) The power to enter into joint powers agreements pursuant to the Joint Exercise
of Powers Act, as set forth in section 6500 et seq. of the Government Code;
(p) The power to provide insurance pursuant to section 989 of the Government Code
et seq.;
( q) The power to sue and be sued in the name of the JPA;
(r) The power to conduct certain activities of the JPA in any state or territory of the
United States of America or in any foreign country, related to growing and diversifying the
economy through promoting and marketing all aspects of the hospitality, convention and
tourism industry in the Coachella Valley for the purpose ofattracting visitors , groups, meetings,
conventions and new businesses from national and international markets, as permitted pursuant
to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper
to carrying out the purposes and intent of the JP A;
(t) The power to provide staff and resource support, financial assistance and
subsidies to other public agencies, non-profit organizations and the private sector for purposes
consistent with the purpose and intent of the JPA;
(u) The power to lobby on behalf of tourism and economic development;
(v) The power to form a non -profit corporation or other affiliated non-profit entities
for the purpose of promoting and enhancing all aspects of the tourism and economic
development industry; and
(w) The power to take any and all actions necessary for, or incidental to , the powers
expressed or implied by this Agreement and all applicable laws.
Section 17, Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest
any money in its treasury pursuant to the provisions set forth in Government Code section
6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine
from time to time is advisable, in the same manner and upon the same conditions as local
agencies pursuant to Government Code section 53601.
Section ts, Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following
positions shall file an official bond in an amount deemed sufficient by the JPA Executive
Committee:
(a) President/Chief Executive Officer;
(b) Director of Finance; and
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( c) Treasurer.
Section 19. Treasurer and Auditor -Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall
designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and
Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve
as both Treasurer and Auditor or two qualified persons to serve as each separately.
Section 20, Treasurer -Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the
treasury of the Treasurer so designated to the credit of the JPA;
(b) Be responsible, upon his or her official bond, for the safekeeping and
disbursement of all JPA money so held by the Treasurer;
( c) Pay when due, out of the money of the JP A held by the Treasurer, all sums
payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof,
only upon warrants of the public officer performing the functions of auditor or controller who
has been designated by this Agreement; and
(e) Verify and report in writing no less than five (5) times per year to the
President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial
statement of activities for the year.
Section 21, Independent Audit
Pursuant to section 6505 .6 of the Government Code, the Treasurer shall cause an
independent audit to be made by a certified public accountant or public accountant, in
compliance with section 6505 of the Government Code.
Section 22. Auditor's Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures
and policies governing the JPA;
(b) Review and approve all demands listed on the Warrant Registers prior to
submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee
and make the JPA Executive Committee aware of any discrepancies or potential problems in
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the reports;
( e) Review investments made by the President or Treasurer;
(t) Review the audit report prepared by a Certified Public Accounting firm prior to
finalization of the report and submittal to the JPA Executive Committee; and
(g) Assist staff in the selection of the Certified Public Accounting firm.
Section 23. Attorney's Fees
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing party in such litigation or other proceeding shall be
entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in
the proceeding.
Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive
Committee shall require a majority of votes cast (more than halt) to pass such motion. In the
event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated .
Section 25. Severability
If any term, provision , covenant or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if
any, of this Agreement shall continue in full force and effect, unless enforcement of this
Agreement as so invalidated would be unreasonable or grossly inequitable under all the
circumstances or would frustrate the purposes of this Agreement.
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Section 26, Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no
waiver shall be implied from any omission by a Party to take any action.
Section 27, Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire
JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies in
compliance with all applicable provisions of the Joint Exercise of Powers Act and all other
applicable laws.
Section 28, Ambiguities or Uncertainties
The JPA Members have mutually negotiated the terms and conditions of this Agreement
and each JPA Member received independent legal advice from its attorneys with respect to the
advisability of executing this Agreement and the meaning of the provisions contained herein.
As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none
of the JPA Members shall be deemed to have solely or independently prepared or framed this
Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in
favor of any JPA Member.
Section 29, Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of California.
Section 30, Venue
In the event that suit is brought by any party to this Agreement, the parties agree that
venue shall be exclusively vested in the State courts of the County of Riverside, California or
where appropriate, in the United States District Court, Southern District of California,
Riverside, California.
Section 31, Notices
Any notice or communication required hereunder between the JPA and the JPA
Members shall be in writing and may be given either personally or by registered mail, return
receipt requested. Notice, whether given by registered mail or personal delivery, shall be
deemed to have been given and received on the actual receipt by any of the addresses designated
below as the party to whom notices are to be sent. Any party hereto may at any time, upon
written notice to the other party hereto, designate any other address in substitution of the address
to which such notice or communication shall be given. Such notices or communications shall
be given to the parties at their addresses set forth below:
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City of Cathedra l City City of Coachella
68700 A venida Lalo Guerrero 53990 Enterprise Way
Cathedral City, CA 92234 Coachella, CA 92236
Attention: City Manager !Attention: City Manager
('.ity of Desert Hot Springs City oflndian We ll s
11999 Palm Drive 144950 Eldorado Drive
Oesert Hot Springs, CA 92240 Indian Wells, CA 92210
!Attention: City Manager !Attention: City Manager
City of Indio City of La Quinta
100 Civic Center Mall 78495 Calle Tampico
Indio, CA 92201 La Quinta, CA 92253
k-\.ttention: City Manager k-\.ttention: City Manager
City of Palm Desert City of Palm Springs
73510 Fred Waring Drive 3200 East Tahquitz Canyon Way
!Palm Desert, CA 92260 Palm Springs, CA 92262
!Attention: City Manager !Attention: City Manager
City of Rancho Mirage County of Riverside
69825 Highway 111 County Administration Center
[Rancho Mirage, CA 92270 14080 Lemon Street
!Attention: City Manager Riverside, California 92501
[Attention: County Clerk
Section 32, Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which
is deemed to be an original, and all of which when taken together shall constitute one and
the same instrument.
Section 33, Privileges and Immunities
Pursuant to section 6513 of the Government Code , all of the privileges and
immunities from liability, exemptions from laws, ordinances and rules, all pension, relief,
disability, workmen's compensation, and other benefits which apply to the activity of
officers, agents or employees of any the Parties when performing their respective functions
within the territorial limits of their respective public agencies, shall apply to them to the
same degree and extent while engaged in the performance of any of their functions and
duties performed extraterritorially under the provisions of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members
have each executed this Agreement.
CITY OF CATHEDRAL CITY CITY OF COACHELLA
Mark Carneva le, Mayor Steven Hernandez, Mayor
Dated: Dated:
Charlie McClendon, City Manager Gabriel Martin, City Manager
ATTEST: ATTEST:
Tracey R. Hermos illo, City C lerk Ange la M. Zepeda, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Eric S. Vail, City Attorney Carlos Campos, City Attorney
CITY OF DESERT HOT SPRINGS CITY OF INDIAN WELLS
Scott Matas, Mayor
Greg Sanders, Mayor
Dated:
Dated:
Frank Luckino, City Manager
Christopher Free land, City Manager
ATTEST:
ATTEST:
Danie l McVey, City C lerk
Angelica Avila, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Todd Leishman, City Attorney
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CITY OF INDIO CITY OF LA QUINTA
Guada lupe Ramos Amith, Mayor Linda Evans, Mayor
Dated: Dated:
Bryan Montgomery, City Manager Jon McMillen, City Manager
ATTEST: ATTEST:
Cynthia Hernandez, City C lerk Monika Redeva, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Steven P. Graham, City Attorney William H. Ihrke, City Attorney
CITY OF PALM DESERT CITY OF PALM SPRINGS
Karina Quintani ll a, Mayor Jeffrey Bernstein, Mayor
Dated: Dated:
Todd Hileman, City Manager Scott Stiles, City Manager
ATTEST: ATTEST:
Anthony Mejia, City Clerk Brenda Pree, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Isra Shah, City Attorney Jeffrey Ballinger, City Attorney
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CITY OF RANCHO MIRAGE
Steve Downs, Mayor
Dated: ------------
Isaiah Hagerman, City Manager
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B, Quintanilla, City Attorney
COUNTY OF RIVERSIDE
Chuck Washington, Chairman
Jeff Van Wagenen, County Executive
Manager
ATTEST:
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
Minh Tran, County Counsel
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EXHIBIT A
TERRITORIAL BOUNDARIES