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A2660 - JPA JOINT POWERS PS DESERT RESORTS CONVENTION VISITORS BUREAU PSDRCVB
~ MOROBAN-02 OH&..,.c::n~ ACOR D CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYYI ~ 711/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate h o lder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL I NSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subje~m= conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rlahts t d e r In lieu of s uch e ndorsement(s). PRODUCER Siti~CT Alliant Insurance Services, Inc . JUL 08 2025 rit:8'".l'o. Ext): (858) 505-4000 ' FAX P.O . Box 609015 (AJC Nol: San Diego, CA 92160 ~~AJ~""' OFFICE OF THE CITY CLERK INSURERISI AFFORDING COVERAGE NAIC# INSURER A : Hudson Insurance Comoanv 25054 INSURED INSURERS : M orongo Band of M issi o n Indians dba Morongo Casino INSURERC : Resort& Spa 12700 Pumarra Ro ad INSURER O : Banning, C A 92220 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF IN SURANCE LISTED BELOW HAVE BEE N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM O R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T HE IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIO NS AND CONDITIONS O F SUCH PO LICIES. LIMITS SHOWN MAY HAVE BEE N REDUCED BY PAID CLAIMS. 'fl~ TYPE OF INSURANCE AOOL 1,ucn SUBA ....,., POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 10,000,000 -D CL.AJ M~OE 0 OCCUR NAA0501310 7/1/2025 7/1/2028 e~~~~~9E~ENTEO s Inc luded >-- MEO EXP (Anv one .......,,,., s Included -10,000,000 PERSONAL & ADV INJURY s >-- RGEN'l AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s POLICY □ ~c?i □ LOC PRODUCTS -COMP/OP N3G $ 10,000,000 OTHER. s A AUTOMOBILE LIABILITY ~!!!.~~~,flNGLE LIMIT s 1 0 ,000,000 -X ANY AUTO NAA0501310 7 /1/2025 7/1/2028 BOOILY INJURY /Per_, $ -ov,.,.iEo -SCHEDU LE D ,__ Al/TOSONLY -AUTOS BODILY INJURY /Per accident\ s X ~llVWsONLY X ~8tii"mi~ r,f'.9:=~tr-'GE $ -- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAI MS-MADE AGGREGATE s OED I I RETEJ'ffiONS s A WORKERS COMPENSATION I ~:T, ITF I X I 2J;H-ANO EMPLOYERS' LIABILITY YI N NAA0501310 7/1/2025 7/1/2028 1 ,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E L EACH ACClDENT s ~~~~~~~if~ EXCLUDED? N I A 1,000,000 E L. DISEASE · EA EMPLOYEE $ ~~~~f~~ 'b~PERA TIONS belOw E L DIS EASE • ""' ICY LIMIT s 1 ,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 1 D1 , Additional Rttm11rtla ScMdule, m1y be attached If mo111 Aace la require di Certificate h older is named as additional i n sured but only as respects the Palm Springs International irport PenniL Coverage is considered Primary per the a ttached endorsement. 2012 Glaval Unive rsal, VIN 1DFDE4FS7CFB05008, Plate #72904H1 2016 Cadillac Escalade, VIN 1GYS3GKJ3GR385990, Plate #MCRSJ 2016 M er cedes Sprinter Van , VIN 8BRPE8DDOGE121330, Pl ate #MCRS4 2017 GMC Yukon, VN 1GKS1HKJOHR1 52057, Plate #MCRS 2017 G MC Yukon EXP, VIN 1GKS1HKJ1 HR37 1139, Plate #1535657 SEE A TT ACHED ACORD 101 CERT IFICATE HOLDER CANCE LLATION SHOULD ANY OF TI-IE A BOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE TI-IEREOF , NOTICE WI LL BE DELIVERED IN ACCORDANCE Willi THE POLICY PROVISIONS. 3200 E. Tahqultz Canyon Way Palm Springs, CA 92262 AUTIIORIZEO REPRESENTATIVE .J;,11- I / ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights r e served. The ACORD name and l ogo are r egistered marks of A CORD AGENCY CUSTOMER ID: MOROBAN-02 CHANSON ------------------~ ACORD' ~ LO C #: 1 ------- ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Page 1 of 1 lliant Insurance Services, Inc. Morongo Band of Mission Indians dba Morongo Cas ino Resort & Spa 12700 Pumarra Road t-P_O_UC_Y_N_U_MB_E_R ____________________ Bannlng, CA 92220 EE PAGE 1 NAICCOOE EE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : ACORD 25 FORM TITLE: Certificate of Li ability Insurance Description of Operations/LocatlonsNehlcles: 2017 glaval Universal, VIN 1FDFE4F59HDC57296, Plate #8ZAK091 2019 GMC Yukon EXP, VIN 1GKS1HKJ4KR142557, Plate #1564010 2019 Diamond VIP 2500, VIN 1FDFE4S1KDC47241 , Plate #1478536 ACORD 101 (2008/01) EFFECTIVE DATE: © 2008 ACORD CO RPORATION . All rights reserved. The ACORD name and logo are registered marks of ACORD City Council ACTION SUMMARY October 7, 2015 Page 9 4.13. APPROVAL OF VARIOUS AGREEMENTS WITH SOLARCITY CORPORATION FOR SOLAR PHOTOVOLTAIC SYSTEMS AT THE WASTEWATER TREATMENT PLANT AND SUNRISE PARK, AND APPROVAL OF A CEQA CATEGORICAL EXEMPTION, AS PART OF THE CITYWIDE SOLAR PROJECT (CP 15-03): ACTION: 1) Adopt Resolution No. ®, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CERTAIN INFRASTRUCTURE FINANCING AGREEMENTS AND ASSOCIATED CONTRACTS WITH SOLARCITY CORPORATION PURSUANT TO GOVERNMENT CODE 5956, ET SEQ., FOR THE COMPLETE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF SOLAR PHOTOVOLTAIC SYSTEMS AT THE WASTEWATER TREATMENT PLANT AND AT SUNRISE PARK, AND APPROVING AND ORDERING THE FILING OF A CEQA NOTICE OF EXEMPTION;" 2) Approve Amendment No. 4 to Agreement No. A6401 increasing the contract amount by $69,650 for a total not to exceed amount of $246,213 with Newcomb/Anderson/McCormick, Inc., for contract negotiation and coordination services; and 3) Authorize the City_ Manager to execute all necessary documents. A6772. A&7-3. A6401 Motion Councilmember Foat, seconded by Mayor Pro Tern Lewin and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None.ABSENT: Councilmember Mills. 5. NEW BUSINESS: 5.A. PROPOSED RESOLUTION APPROVING AN AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU: ACTION: 1) Adopt Resolution No. M, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU AMENDED AND RESTATED JOINT POWERS AGREEMENT;" and 2) Authorize the City Manager to execute all necessary documents. 040q. Motion Mayor Pro Tem Lewin, seconded by Councilmember Hutcheson and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None.ABSENT: Councilmember Mills. 5.13. PALM SPRINGS AIR MUSEUM LEASE AMENDMENT FOR EXPANSION: PALM SA �OF 'Pi ti Z c v En ♦ 1C0 c ` 0. i %�C` OEAtEOP !FO910 CITY COUNCIL STAFF REPORT DATE: October 7, 2015 NEW BUSINESS SUBJECT: PROPOSED RESOLUTION APPROVING AN AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU FROM: David H. Ready, City Manager BY: Chief of Staff/City Clerk SUMMARY Since the formation of the Palm Springs Desert Resort Communities Convention and Visitors Authority in 1989, a number of amendments to the original agreement have been approved as requested by member agencies and as State law has changed over the years. The City Council will consider adopting a resolution approving an amended and restated Joint Powers Agreement, which make the agreement conform to current State law, clarifies the changes that have taken place over time, and implements additional changes. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU AMENDED AND RESTATED JOINT POWERS AGREEMENT." 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Palm Springs Desert Resort Communities Convention and Visitors Authority, now known as the "Greater Palm Springs Convention and Visitors Bureau" or "CVB" is a joint powers authority operating under the Joint Exercise of Powers Act (California Government Code § 6500 et seq.) The CVB was formed in 1989. The operative legal document governing the CVB as a joint powers authority is the Joint Powers Agreement, originally executed in 1989 and subsequently amended on multiple occasions, most recently on or about June 18, 2002 ("2002 Agreement"). In order to remain current with applicable law and to maximize the CVB's ability to encourage, promote, and enhance all aspects of the hospitality, convention and tourism industry throughout all parts of the Coachella Valley, to the ITEM N0. �% City Council Staff Report October 7, 2015 -- Page 2 CVB Joint Powers Agreement benefit of the member organizations and their citizens, the CVB's Executive Committee has approved the attached Amended and Restated Joint Powers Agreement ("Amended Agreement"), and is recommending approval by the member agencies. The cities of Rancho Mirage, La Quinta, Cathedral City and Desert Hot Springs have approved the Amended Agreement. Pending are the cities of Palm Springs, Indio, Palm Desert and Indian Wells. The proposed Amended Agreement is attached and the major changes are annotated and highlighted in yellow. Additionally, the 2002 Agreement is attached for reference. The Amended Agreement reflects current law and makes changes to the 2002 Agreement as recommended by the Hospitality Industry and Business Council (now known as the Board of Directors), the CVB's CEO/President and the CVB's General Legal Counsel. The draft of the Amended Agreement was circulated for review and input to members of the Technical Advisory Committee ("TAC") which consists of all the CVB members' city managers and an executive officer of the County. Several meetings were also held with several CVB members' staff members for their respective input. After extensive review and input from all interested parties, the Amended Agreement was presented to the CVB Executive Committee for its consideration and was adopted and approved by the CVB Executive Committee on March 20, 2015. SUMMARY OF KEY PROVISIONS OF AMENDED AGREEMENT. - The Amended Agreement contains the following key provisions and modifications from the previous version of its JPA Agreement: The Amended Agreement contains a "Recitals" section, which was not included in the 2002 Agreement. Recitals are generally used for amended and restated agreements such as this in order to describe the background of the agreement and the intent of the parties in entering into the agreement. The recitals here state the members of the CVB and their intent that the Amended Agreement shall amend, restate, and supersede the prior agreement in its entirety. The Amended Agreement also contains a revised "Definitions" section in order to properly facilitate the operation of its substantive provisions.' • The official name of the CVB is now the "Greater Palm Springs Convention and Visitor Bureau, rather than the "Palm Springs Desert Resort Communities Convention and Visitors Authority" as stated in the 2002 Agreement.2 1 Amended Agreement § 1. 2 Amended Agreement §4. 0 ILI City Council Staff Report October 7, 2015 -- Page 3 CVB Joint Powers Agreement • The stated purpose of the CVB 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 markets, all to the benefit of the member organizations and their citizens. This provision is unchanged from the 2002 Agreement. • The members of the CVB are Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage and the County of Riverside .3 Additional members may be added by two-thirds vote of the Executive Committee which must be approved by a unanimous vote of the CVB members' legislative bodies. The members remain unchanged. • The governing body of the CVB is the Executive Committee, which is comprised of an elected official for each city member of the CVB and a County Senior Staff member appointed by the Riverside County Board of Supervisors to represent the County of Riverside. This provision remains unchanged, but the Amended Agreement expressly provides that only those members of the Executive Committee whose agencies pay the CVB its member contributions shall be entitled to vote.4 • The Amended Agreement sets forth a more detailed yet non -exhaustive list of the powers that the Executive Committee possesses pursuant to state law; the powers are similar to those stated in the 2002 Agreement, but also include the power to select staff members other than city managers to serve on the appointed technical advisory committee, and the power to retain legal counsel.5 • The Amended Agreement sets forth the territorial boundaries of the CVB, which remain unchanged from the 2002 Agreement. However, the Amended Agreement also includes a map of the boundaries attached as Exhibit A to the Amended Agreement. The boundaries may be changed by two-thirds vote of the Executive Committee which must be approved by a unanimous vote of the CVB members' legislative bodies. • The Amended Agreement sets forth the precise formula for calculating members' contributions, specifically 0.15% gross room rental revenue for "Non -Convention Hotels" and 0.35% of gross room rental revenue for "Convention Hotels.',6 The formula may be changed by two-thirds vote of the Executive Committee which must be approved by a unanimous vote of the CVB members' legislative bodies. The 2002 Agreement addressed contributions in an exhibit rather than in the agreement itself. 3 Amended Agreement §7. 4 Amended Agreement §9. 5 Amended Agreement § 10. 6 Amended Agreement §§ 1 (Definitions), 12 (Contributions). C3 City Council Staff Report October 7, 2015 -- Page 4 CVB Joint Powers Agreement • The Amended Agreement maintains the monetary conditions imposed upon members who wish to withdraw from the CVB largely intact, but does away with the requirement of thirteen months' notice of withdrawal as provided in the 2002 Agreement.' • The Amended Agreement sets forth a detailed, non -exhaustive list of the powers that the CVB possesses as a joint powers authority pursuant to State law.$ The list includes all of the powers specified in the 2002 Agreement and also includes several others, such as the power to engage independent contractors and legal counsel; to acquire and dispose of real or personal property; to raise revenue for any public purpose that is consistent with the CVB's purpose; to form, renew and modify improvement districts such as the CVB's Tourism Marketing District; to form a non-profit corporation or other affiliated non-profit entities; to adopt and enforce rules, regulations, resolutions and ordinances to carry out the CVB's purposes; and to invest money from its treasury that is not required for immediate necessities.9 • The CVB's President/CEO, Finance Director and Treasurer are required by State law to file an official bond in an amount determined by the Executive Committee. The Amended Agreement sets forth this requirement expressly, whereas the 2002 Agreement did not. • Without change from the 2002 Agreement, the Amended Agreement provides that the Executive Committee shall designate a treasurer and auditor. • The Amended Agreement enumerates the Treasurer's duties, which are substantively similar to those duties enumerated in the 2002 Agreement. However, the Amended Agreement reflects the updated State law requirements. • The Amended Agreement, like the 2002 Agreement, requires the Treasurer to arrange for independent audits, but the Amended Agreement refers to current State law on this issue. There is no substantive change in the enumerated duties of the auditor between the Amended Agreement and the 2002 Agreement. • The Amended Agreement, like the 2002 Agreement, provides for California law as the law applicable to the agreement and for the County of Riverside to be the venue for any lawsuit arising out of the agreement. 7 Amended Agreement § 13. 8 Amended Agreement § 15; Government Code §6500 et seq. 9 Amended Agreement § 16; Government Code §§6505.5, 6509.5. 04 City Council Staff Report October 7, 2015 -- Page 5 CVB Joint Powers Agreement FISCAL IMPACT: The 2015-2016 Budget includes $500,000 in account 001-2102-43200 for the City's projected required JPA payments based upon the JPA agreement. The contribution formulas have not been change from the 2002 Agreement. The JPA agreement includes a provision10 for those jurisdictions that provide incentive TOT incentive rebates, the amounts of the TOT rebates will not be included in the gross TOT receipts for both the Convention and Non -Convention Hotels. ES THOMPSON DAVID H. READY hief of Staff / City Clerk City Manager Attachment: Proposed Resolution Proposed CVB Joint Powers Agreement 2002 CVB Joint Powers Agreement 10 Amended Agreement § 12(b) 05 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (CVB) AMENDED AND RESTATED JOINT POWERS AGREEMENT. WHEREAS, the Greater Palm Springs Convention & Visitors Bureau ("CVB") is a joint powers authority operating under the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the CVB was formed in 1989 and the operative legal document governing the CVB as a joint powers authority is the Joint Powers Agreement, originally executed in 1989 and subsequently amended on multiple occasions, most recently on or about June 18, 2002 ("2002 Agreement"); and WHEREAS, the purpose of the CVB, as set forth in the CVB Joint Powers Agreement, is 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 member organizations and their constituents via the exercise of all the expressed and implied powers the CVB members have in common; and WHEREAS, in order to remain current with applicable law and to maximize the CVB's ability to encourage, promote, and enhance all aspects of the hospitality, convention and tourism industry throughout all parts of the Coachella Valley, to the benefit of the member organizations and their citizens, the CVB's Executive Committee has approved the attached Amended and Restated Joint Powers Agreement ("Amended Agreement"); and WHEREAS, the Amended Agreement reflects current law and makes changes to the 2002 Agreement as recommended by the Hospitality Industry and Business Council (now known as the Board of Directors), the CVB's CEO/President and the CVB's General Legal Counsel; and WHEREAS, the draft of the Amended Agreement was circulated for review and input to members of the Technical Advisory Committee ("TAC") which consists of all the CVB members' city managers and an executive officer of the County and several meetings were also held with several CVB members' staff members for their respective input; and WHEREAS, after extensive review and input from all interested parties, the attached draft was presented to the CVB Executive Committee for its consideration and was adopted and approved by the CVB Executive Committee on March 25, 2015. 06 Resolution No. Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS: SECTION 1. RECITALS. The recitals set forth herein are true and correct. SECTION 2. The City Council hereby approves the Greater Palm Springs Convention & Visitors Bureau (CVB) Amended and Restated Joint Powers Agreement as attached hereto. SECTION 3. REPEAL OF CONFLICTING PROVISIONS. All provisions of any prior resolutions or agreements that are in conflict with the provisions of this Resolution are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. SECTION 5. CERTIFICATION. The City Clerk shall certify the vote adopting this resolution. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 7T" DAY OF OCTOBER, 2015. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK 07 Resolution No. Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, Resolution No. is a full, meeting of the City Council o following vote: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION City Clerk of the City of Palm Springs, hereby certify that true and correct copy as was duly adopted at a regular f the City of Palm Springs on October 7, 2015, by the JAMES THOMPSON, CITY CLERK City of Palm Springs, California ME G Greater Palm Springs Convention & Visitors Bureau JOINT POWERS AGREEMENT ("Amended and Restated Agreement") A California Joint Powers Authority Created Pursuant to California Government Code Section 6500, et seq. DATE The JPA Agreement has been approved by the cities of Rancho Mirage, La Quinta, Cathedral City, and Desert Hot Springs. Pending Palm Springs, Indio, Palm Desert, Indian Wells �� R Table of Contents [TO BE COMPLETED UPON ADOPTION] io This Joint Powers Agreement is entered hereto by and between the cities of Cathedral City, 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, 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. ("Agreement"). The parties to this Agreement are individually referred to herein as "CVB Member" and collectively as "CVB Members." RECITALS (these are new and added - no material impact) 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 CVB Members entered into the original joint powers agreement on February 8, 1989, for the purpose 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 CVB Members have in common; and WHEREAS, it is intended by the CVB Members that this Agreement shall be amendatory of the original joint powers agreement dated February 8, 1989, including any subsequent amendments ("Initial Agreement"), and shall restate, amend and supersede the Initial Agreement in its entirety as of the Effective Date; and WHEREAS, the CVB Members, consisting of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside have consented to renaming the JPA to the "Greater Palm Springs Convention & Visitors Bureau" ("CVB") for all purposes. NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the CVB Members hereby covenant and agree as follows: AGREEMENT Section 1. Definitions (section expanded and clarified as requested during the JPA study sessions) The following words, terms and phrases shall have the following meanings: "Advisory Board" shall mean the board appointed by the JPA Executive Committee for the purposes described in paragraph (c) of Section 10. 1 11 "Additional Members" shall mean qualified organizations that may be added as members of CVB as described in Section 8. "Convention Hotel" shall mean a hotel with 50 rooms or greater that provides facilities and services designed to host meetings or gatherings within or upon the same premises of the hotel or within a facility (for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotel. "CVB Fiscal Year" shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year. "CVB Member" shall mean an organization that is party to this Agreement. "CVB Members" shall mean, collectively, the organizations that have entered into this Agreement. "CVB Member Contributions" shall mean the annual contribution amounts duly established pursuant to Section 12. "Greater Palm Springs Convention & Visitors Bureau" or "CVB" shall mean the Joint Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside. "Lodging Establishments," as referenced in Section 10, 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 private dwelling utilized for short term rental and subject to local transient occupancy tax. "Joint Exercise of Powers Act" shall mean California Government Code sections 6500- 6536. "JPA Executive Committee" shall mean the CVB's governing body formed for the purposes and having the powers and duties set forth in Section 10. A "Non -Convention Hotel" shall mean any structure, with the exception of the previously defined "Convention Hotels," or any portion of any structure which is occupied or intended or designed for use or occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed location, or other like structure or portion thereof. Non -Convention Hotel includes a recreational vehicle, as defined in Cal. Health & Safety Code § 18010 and campgrounds. 12 "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 CVB, who is responsible for professionally supervising, managing and administering CVB's day-to- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. "Technical Advisory Committee" shall mean the committee which may be appointed by a majority vote of CVB's JPA Executive Committee for the purposes described in paragraph (d) of Section 10. "Treasurer" shall mean the individual appointed by CVB's JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor. 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 this Agreement 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 CVB Members and their constituents. Section 4. Name (this was the original reason for the new agreement — our legal name change from Palm Springs Desert Resorts Communities Convention and Visitors Authority — very confusing name and not very friendly) The name of the JPA shall be the "Greater Palm Springs Convention & Visitors Bureau" ("CVB") 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 JPA Executive Committee. Section 5. Initial Agreement Superseded — Effective Date It is intended by the CVB Members that this Agreement shall be amendatory of the Initial Agreement and shall restate, amend and supersede the Initial Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVB 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 CVB Members' legislative bodies ("Effective Date"). Section 6. Termination 13 3 (a) This Agreement may be terminated by unanimous vote of all the CVB Members' legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVB Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVB 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 CVB Members' treasuries in proportion to the CVB Member Contributions made by the respective CVB Member to the JPA. Section 7. CVB Members The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, 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 CVB Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVB Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVB 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 (JPA study session wanted this to be clear, only members can vote) (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 CVB Member; and (ii) a member of the Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the CVB 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; 14 4 (b) Approve and adopt a budget for the JPA prior to the commencement of the JPA's subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee; (c) Appoint an advisory board consisting 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 by the JPA Executive Committee; (Revised to give the cities the flexibility to appoint any representative to a TAC, in the past it was only the City Managers) I (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 CVB 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) 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 the JPA Executive Committee may designate; (f) 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 (g) Create any committees, sub -committees, advisory committees and advisory boards, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement. (h) 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. 15 5 Section 11. Territorial Boundaries (revised to say any boundaries must be approved by all legislative bodies) 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, 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 CVB may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the CVB Members' legislative bodies. Section 12. Contributions (contribution formula is not changed, JPA study session asked for unanimous approval by legislative bodies to change the formula in the future. A two-thirds vote is needed by the JPA for us to take any proposed change back to the cities. The rebate language was also added. ) (a) Each CVB Member shall pay to the JPA 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 CVB Members' legislative bodies. The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the CVB Members' legislative bodies. A contribution from each of the CVB Members is a funding mechanism equal to: .0015 x Gross Room Rental Revenue for Non -Convention Hotels and .0035 x Gross Room Rental Revenue for Convention Hotels (b) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVB Members. Section 13. Withdrawal (did not change, better clarification as requested during the JPA study session — for example the hold agreement indicated 13 months impacts line (b) and (c) — group felt this was easier to understand) Any Party may withdraw as a CVB Member and the obligations under this Agreement subject to the following conditions: (a) The withdrawing CVB 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 of the CVB's Fiscal Year. (c) All CVB Member Contributions must be paid in full by the withdrawing CVB Member through the end of the current CVB Fiscal Year of the year when the withdrawing CVB Member provides its Notice of Withdrawal as well as the following CVB Fiscal Year. 16 (d) After giving notice of withdrawal, a withdrawing CVB Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal. (e) A withdrawing CVB Member may again become a party to this Agreement on condition that it pays to the treasury of the CVB an amount equal to all CVB Member Contributions which the withdrawing CVB Member would have been required to pay if it had not withdrawn from participation. (f) Partners within the territorial boundaries of the CVB may remain active Partners as long as their respective government entity is a CVB Member and during the period of their CVB Member's withdrawal from the Joint Powers Agreement. (g) Section 14. Separate Entity 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 CVB Member except that any CVB Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA. Section 15. Powers of the JPA (JPA study session wanted a line to ensure we cannot levy a tax or assessment beyond our current scope) 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; (c) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (d) The power to acquire, construct, manage, maintain or operate any building, works or improvements; (e) 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; 17 (f) 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; (g) 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; (h) The power to donate any surplus real or personal property to any public agency or nonprofit organization; (i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; 0) 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; This section clarifies that we cannot raise the existing assessment on the large hotels beyond 3% without coming back to the cities for unanimous approval and in the event the small hotels and vacation rentals decide to join the Tourism Improvement District, the maximum assessment cannot exceed 1 %. This was requested during the JPA study sessions (k) 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 parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agreement by the CVB Members constitutes consent: (i) to 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 CVB in connection with formation of the said district ("2013 TMD"); (ii) to form an improvement district not to exceed an assessment rate of one percent (1 %) on Lodging Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert Resort Communities Tourism Business Improvement District established by Ordinance No. 883 of the County of Riverside ("Tourism BID"); and (iii) to consolidate the 2013 TMD and Tourism BID as long as the overall assessment rate does not exceed three percent (3%) on the entities currently being assessed therein; (1) 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; 8 18 C �- (m) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA; (n) 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; et seq.; (o) The power to provide insurance pursuant to section 989 of the Government Code, (p) The power to sue and be sued in the name of the JPA; (q) 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 promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors from national and international markets, as permitted pursuant to Government Code section 37110; (r) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA; (s) 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; (t) The power to lobby on behalf of travel and tourism; (u) 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 hospitality, convention and tourism industry; and (v) 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 16. 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 17. 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: 19 9 C (a) President/Chief Executive Officer; (b) Director of Finance; and (c) Treasurer. Section 18. 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 19. 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 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 day of July, October, January and April of each year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holds for the JPA, the amount of receipts since the Treasurer's last report, and the amount paid out since the Treasurer's last report. Section 20. 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 21. Auditor's Duties The Auditor shall perform the following duties: 20 10 (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 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. Section 22. 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. Section 23. 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 24. 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 CVB Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws. Section 25. Ambiguities or Uncertainties The CVB Members have mutually negotiated the terms and conditions of this Agreement and each CVB 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 CVB Members and none of the CVB Members shall be deemed to have solely or independently prepared or framed this 21 II Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any CVB Member. Section 26. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Section 27. 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 28. Notices Any notice or communication required hereunder between the JPA and the CVB 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: City of Cathedral City City of Desert Hot Springs 68700 Avenida Lalo Guerrero 11711 West Drive Cathedral City, CA 92234 Desert Hot Springs, CA 92240 Attention: City Manager Attention: City Manager City of Indian Wells City of Indio 44950 El Dorado 100 Civic Center Mall Indian Wells, CA 92210 Indio, CA 92201 Attention: City Manager Attention: City Manager City of La Quinta City of Palm Desert 8495 Calle Tampico 73510 Fred Waring Drive La Quinta, CA 92253 Palm Desert, CA 92260 Attention: City Manager Attention: City Manager City of Palm Springs City of Rancho Mirage 3200 East Tahquitz Canyon Way 69-825 Highway I I I Palm Springs, CA 92262 Rancho Mirage, CA 92270 Attention: City Manager Attention: City Manager 12 County of Riverside County Administration Center 4080 Lemon Street Riverside, California 92501 Attention: County Clerk Section 29. 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 30. 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. IN WITNESS WHEREOF, the duly authorized representatives of the CVB Members have each executed this Agreement. CITY OF CATHEDRAL CITY CITY OF DESERT HOT SPRINGS Stan Henry, Mayor Adam Sanchez Jr., Mayor Charles McClendon, City Manager ATTEST: Martin Magana, City Manager ATTEST: Gary F. Howell, City Clerk APPROVED AS TO FORM: Charles R. Green, City Attorney Jerryl Soriano, City Clerk APPROVED AS TO FORM: Steven B. Quintanilla, City Attorney CITY OF INDIAN WELLS CITY OF INDIO 23 13 Ty Peabody, Mayor Wade McKinney, City Manager ATTEST: Anna Grandys, City Clerk APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Lupe Ramos Watson, Mayor Dan Martinez, City Manager ATTEST: Cynthia Hernandez, City Clerk APPROVED AS TO FORM: Roxanne Diaz, City Attorney 14 C; f CITY OF LA QUINTA Linda Evans, Mayor Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CITY OF PALM SPRINGS Stephen Pougnet, Mayor David H. Ready, City Manager ATTEST: James Thompson, City Clerk APPROVED AS TO FORM: Douglas Holland, City Attorney CITY OF PALM DESERT Susan Marie Weber, Mayor John M. Wohlmuth, City Manager ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: David J. Erwin, City Attorney CITY OF RANCHO MIRAGE G. Dana Hobart, Mayor Randal Bynder, City Manager ATTEST: Cynthia Scott, City Clerk APPROVED AS TO FORM: Steven B. Quintanilla, City Attorney 25 15 0 COUNTY OF RIVERSIDE Marion Ashley, Chairman Jay Orr, County Executive Officer ATTEST: Kecia Harper-Ihem, Clerk of the Board APPROVED AS TO FORM: Gregory P. Priamos, County Counsel 16 EXHIBIT A TERRITORIAL BOUNDARIES 17 27 �'qvPlliqg Dived 2mdg CONVENTION AND VISITORS AUTHORITY PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT Last Amended June 16, 2002 Serving the Desert Resort Cammunilles al Riverside County CafheCral City Desert Hal Springs Indian Weits - India La Cluicta Palm Desert Palm Springs Rancho Mirage Lye o. vL Z'. C Washington. OC Sales Oilice 515 King Street, Suite 315 Alexandria, VA 22314 - T: 703-54 9-8026 F:703-519-7579 ........... ............ ..................... I ......................................................... I ....................... ... .... .............. ........................... ..... . ............... ............................. . ................................... . ......... 28 i 2 3 4 5 6 1 s 9 10 12 13 "D 4 15 16 17 1s 19 20 I 21 72 23 24 25 j 6 JOINT POWERS AUTHORITY CREATING THE PALM SPPdN'GS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY Acting pursuant to Article I, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.), the parties. signatory to this agreement, as listed in Appendix A attached hereto, hereby join together and agree as follows: ARTICLE I DEFINITIONS Active Member. A member organization as defined below. Associate Member. Associate Members shall be a non -governmental entity whose business and activities are related to the convention or tourism industry, for the purposes of this agreement, but whose place of business is not within the boundaries of a governmental agency vduch is eligible to become a member or an inactive member of the Authority. Executive Committee. The governing body of the Pahn Springs Desert Resorts Convention and Visitors Authority formed pursuant to Article VIII of this Joint Powers Agreement. Calendar Year. The Calendar year for the palm Springs Desert Resorts Convention and Visitors Authority shall commence January 1 of every year and end December 31 of the same year. Funding Fonnula. A method of computing revenues to be paid to the Authority by member organizations based on gross hotel room sales generated, as stated in Article XI, and as illustrated in Exhibit A. The definition of a "Convention Meeting Hotel" is contained in Exhibit B. Hospitality IndustKy and Business Council. An advisory -body comprised of 17 private or 1 29 2 3 4 5 6 7 s 9 10 12 13 14 15 16 i 17 Is I9 20 21 22 23 24 25 associate members appointed by the Executive Committee. Inactive Member. A member organization, which has given notice of withdrawal pursuant to Article )= of this agreement and thereafter is not eligible for continued representation on the Executive Committee. Member Organization. A city in the Coachella Valley or Riverside County Government, which has signed the Joint Powers Agreement, has made the prescribed contribution to the Authority and has not given notice of withdrawal all references to "member" (unless otherwise modified), "active member" or "active city member" shall mean a member organization. Private Member. A private member shall be a non-govennnental entity whose place of business Iis within the jurisdiction of an active governmental member organization and whose business and activities are directly related to the convention or tourism industry and the purposes of this agreement. Technical Advisory Committee. A committee comprised of one city-manager/administrator from each member organization, with the function of advising on all matters, which come before the I Executive Committee. ARTICLE H PURPOSE This Agreement is entered into the by the public member organizations, as parties hereto, 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 to the area from a world-wide market, all to the benefit of the member organizations and their citizens. 2 Uc 2 3 4 s G 7 s 9 to 11 12 14 is 16 17 is 19 20 2t 22 23 24 2s ARTICLE III PARTIES TO AGREEMENT Each member organization, as a party to this Agreement, hereby agrees and contracts with each and every other member organization as parties to thus Agreement, together with such other organizations as may hereafter be added as parties to this agreement, to abide by the terms of this agreement as hereinafter set forth. Each member organization also agrees that withdrawal of any party froze thus Agreement shall not affect this Agreement as to those member organizations then rernaining. ARTICLE IV TERM This Agreement shall become effective February 1, 1989, or as soon thereafter as it is approved and executed by three or more member organizations, and shall continue to full force and effect until terminated as herein provided. ARTICLE V CREATION OF CONVENTION AND VISITORS AUTHORITY In order to most effectively achieve the purposes and goals of this Agreement, there is hereby created a public entity, separate and apart from the parties hereto, to be known as the Palm Springs Desert Resorts Convention and Visitors Authority,. ARTICLE VI POWERS OF THE AUTHORITY The Authority shall have all of the powers common to its member organizations and is authorized, in its own name, to make and enter contracts, to employ agents and employees, to acquire, construct, manage, maintain or operate any building, works or improvements, to acquire, 31 _ 1 2 3 4 5 6 7 s 10 12 13 14 15 16 .17 IS 19 20 21 22 23 24 25 hold, or dispose of property, and to incur debts, liabilities, or obligations. The Authority shall have the power to sue and be sued in its own name. The Authority may receive and use contributions and advances from member organizations pursuant to Govennment Code Section 6504, including contributions or advances of personnel, equipment, or'property. It may invest any money in its treasury, not required for its immediate necessities, pursuant to Government Code Section 6509.5. The Authority may do such other things as aie necessary to carry out the purposes and achieve the objectives of this Agreement. These powers shall be exercised by the Authority pursuant to the terms hereof and as provided by law. FAMMMA-11 OBLIGATIONS OF THE AUTHORITY The debts, liabilities, and obligations of the Authority shall be the sole responsibility of the Authority and shall not become the debts, liabilities, or obligations of the member organizations or any one of them except that a member organization may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the Authority. ARTICLE VIII EXECUTIVE COMMTI"TEE The Authority shall be governed by an Executive Committee comprised of elected officials from each active public member organization. Each member organization shall appoint a member of its governing body as member of the Executive Committee, and a second member of its govenung body as an alternate member of the Executive Conunittee. The County of Riverside may appoint a County Senior Staff member with full voting rights as the alternate member of the Executive connmittee. Each member of the Committee shall serve at the pleasure of the appointing member organization. When a committee m.t:mber or alternate conunittee member is 91 32 / 2 3 4 5 6 s 9 10 11 12 13 !4 15 16 17 1s 19 20 21 22 73 24 25 '6 no longer a member of the governing body of the appointing organization, membership on the Executive Committee shall automatically terminate. Any vacancy on the Executive Committee shall be promptly filled by the appointing member organization. ARTICLE IX POWERS AND DUTIES OF EXECUTIVE COMMITTEE The Executive Committee shall exercise all the powers and conduct all the business of the Authority, either directly or by delegation of authority, as the Executive Committee deems appropriate. The Executive Committee shall adopt bylaws to provide for the organnization and administration of the Authority. The bylaws shall be adopted by a majority vote of all the members of the Executive Committee and may thereafter be amended in like manner,"except as more restrictive requirements may appear in said bylaws. The Executive Committee shall approve and adopt a budget for the Authority by November 30th of each year for the Calendar year beginning January I st of each year. The Executive Committee 'shall appoint a Hospitality Industry and Business Council comprised of 17 private and associate members for three year staggered terms. The Executive Committee shall be advised on all matters by a Technical Advisory Committee comprised of one city manager/administrator from each member organization. The Executive Conuidttee shall hire a President who shall be a professional manager to organize all affairs of the Authority. The Executive Committee may create such other committees, as it deems necessary to achieve the purposes and intent of this Agreement as required by law. ARTICLE X DESIGNATION OF TREASURER AND AUDITOR The Executive Committee shall designate a Treasurer and one or more Deputy Treasurers. The Office of Treasurer may be held by President. S 33 2 3 4 5 6 7 s 9 10 U 13 J4 is 16 17 Is 19 20 21 22 23 24 25 S The Treasurer shall: 1. Receive and receipt for, all money of the Authority and place it in the treasury of the Authority; 2. Be responsible, upon his official bond, for the safekeeping and disbursement of all Authority money so held by him; 3. Pay, when due, out of money of the Authority so held by hint, all sums due from the Authority, or any portion thereof; submit Warrant Registers to Auditor for review and approval prior to submittal to Executive Committee; submit to auditor payroll registers for monthly review; 4. On a monthly basis, verify and report, in wiring to the Executive Committee, the amomit of money he holds for the Authority, the amount of receipts since his last report and the amount paid out since his last report; 5. Pursuant to Government code 53646, the Treasurer shall submit monthly and annual reports to the Executive Committee. The Treasurer shall invest idle funds to conform to the provisions of Government Code 53651; 6. Develop and submit for Executive Committee approval, annually, investment policies governing the management of the Authority's idle funds. 7. Develop and adhere to Policy and Procedures Manual as approved by Auditor and Executive Committee; The Treasurer and such other persons who shall have charge of, handle, or have access to any property of the Authority shall file an official bond in an amount to be determined by the Executive Committee and stiff cient to secure the assets of the Authority. At the close of each Calendar year, the Treasurer shall contract with a Certified Public 6 34 1 3 4 s 6 7 s 9 10 Is 16 17 is 19 20 21 22 23 24 2; Accountant or Public Accountant to make an annual audit of the accounts and records the Authority. The minimum requirements of such audits shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. A report of such audit shall be filed as a public record with each member organization and with the County Auditor for the County of Riverside. Such report shall be filed within six months of the end of the Calendar year under examination. The cost of such audit shall be borne by the Authority. All funds of the Authority shall be strictly accounted. A member organization may request a report of all receipts and disbursements at any time. The Executive Committee shall designate appropriate officers of one of its member organizations to be the Auditor. 1 The Auditor shall; 1. Review and recommend to Executive Committee accounting procedures and policies governing the Joint Powers Authority; 2. Review and approve all demands listed on the Warrant Registers prior to submittal to Executive Committee; Review payroll registers monthly; 3. Review all the financial reports being submitted to Executive Committee and make Executive Conunittee aware of any discrepancies or potential problems in the reports; 4. Review investments made by President; or Treasurer; S. Review audit report prepared by Certified Public Accounting firm prior to finalization of report and submittal to Executive Committee; 6. Assist staff in selection of Certified Public Accounting firm; 35 c � } 2 3 a 5 6 7 8 9 10 12 13 ,4 15 16 17 18 19 20 21 22 23 24 25 �.6 ARTICLE XI CONTRIBUTIONS Each member organization shall pay into the treasury of the Authority, the sum of $2,500, or if it is greater, a sum determined according to a formula determined by the Executive Committee. Such formula shall be reviewed annually and adopted in accordance with Article XVI. The initial formula determined by the Executive Committee is set forth in Exhibit C. ARTICLE XII PRIVATE MEMBERSHIP AND ASSOCIATE MEMBERSHIP There is hereby established a class of membership designated "Private Member". Private members shall be subject to approval of the Executive Committee, which shall set the fee for such member. There is bereby established a class of membership designated "Associate Member". Any business entity that promotes visitors out of the member city jurisdiction can not be an "Associate Member". This includes lodging providers, attractions, restaurants and retail establishments, The rights, duties and obligations of Private Members and Associate Members shall be provided in the bylaws. ARTICLE XIII WITHDRAWAL OF MEMBER ORGANIZATION A member organization may withdraw from participation in this Joint Powers Agreement subject to the following conditions: 1. The effective date of withdrawal shall always be the last day of a Calendar Year; 2. Current annual contribution to the Authority must be paid in full; 3. Annual contribution for the next following calendar year must be paid in the usual mamier for such payment. If an "Active Public Member" wi thdraWs during the 1995-1996 fiscal year, 36 1 2 3 4 5 6 7 8 9 l0 12 �— 13 `— d 4 is 16 17 is 19 20 21 22 23 24 25 —) ?6 prior to June 1, 1996, the annual contribution for the next following fiscal year must be paid in the usual manner for such payments. 4. Notice of withdrawal must be given not less than thirteen months prior to the effective date of withdrawal. For example, notice must be given prior to January I to effect withdrawal at the end of the next following Calendar Year. Notice given between January I and December 31 shall be effective at the end of the second following calendar yeai. 5. After giving notice of withdrawal, a withdrawing member shall not have voting privileges on the Executive Con-rnittee except for operating budget items during the next thirteen months. 6. A withdrawing member organization play again become a participating member of this Joint Powers Agreement on condition that it pay to the treasury of the Authority an amount equal to all contributions which the member organization would have paid if it had not withdrawn from participation. Private members may remain active members as long as the government entity is a member and during the period of withdrawal from the Joint Powers Agreement. ARTICLE XIV APPROVAL OF NEW MEMBER ORGANIZATION A new member organization must be approved by vote of two-thirds of the entire membership of the Executive Committee and subsequent ratification by the governing bodies of two-thirds of the member organizations, provided that a Resolution outlining the jurisdiction, initial contribution and continuing contribution be approved by both the applicant and two-thirds of the Executive Committee, APPROVAL OF "Itii TACTIVE MEMBER" ORGANIZATION The City of Desert Hot Springs, as an inactive member organization since July 1, 1992, must be approved by unanimous vote of the entire membership of the Executive Committee and subsequent unanimous ratification by the governing bodies of the member organization, provided 0 37 .� i that a Resolution be approved, outlining the payment schedule for all contributions which the 2 member organization would have paid if it had not withdrawn from participation, current 3 contribution and continuing contribution be approved by both the applicant and by a unanimous 4 vote of the Executive Conuuittee. This provision will ONLY be extended to the City of Desert 5 Hot Sprlllgs for a "one -tune -only" request for re -admission during the 1995-1996 fiscal year as G outlined in Resolution No. 5 authorizing said re -admission of the City of Desert Hot Springs. 7 s ARTICLE XV 9 CONTRACT SERVICES 10 Notting in this Agreement shall be deemed to prohibit a member organization from expending 11 additional efforts and resources or contracting with the Authority or other entities for additional 12 services and benefits sinular to those realized from participation in this Agreement. The 13 Convention and Visitors Authority is authorized to seek, if necessary' , and after careful review of / 14 available funds, specialized outside legal counsel and/or assistance depending upon 15 circumstances and/or conditions regarding pending litigation, personnel or any other type of issue 16 where legal assistance and/or counsel is necessary. 17 Is ARTICLE XVI 19 AMENDMENTS TO JOINT POWERS AGREEMENT 20 This Joint Powers Agreement inay not be amended except by a vote of two-tiiirds of the entire 21 membership of the Executive Committee AND subsequent ratification by the governing bodies 22 of two-thirds of the member organizations, provided further that any amendment of the arnount 23 of member contributions, as stated in Article XI, shall require the unanimous vote of the entire 24 active membership of the Executive Conur>;ttee and subsequent ratification by the governing 25 bodies of all active member organizations. .6 10 G, 1 3 5 6 7 s 9 1a 11 12 13 15 16 17 1s 19 20 21 22 23 24 25 ARTICLE XVII TERMINATION AND DISTRIBUTION OF ASSETS This Agreement niay be terminated at any time upon election to terminate by the governing bodies of not less than three -fourths of the member organizations, provided, however, that this Agreement and the Authority shall continue to exist after such termination for the purpose of disposing of all claims, distributing all assets, and performing all other acts necessary to conclude the affairs of the Authority. Upon tenination, all assets of the Authority shall be distributed among the member orgy izations in proportion to their contribution during the term of this Agreement with an offset for any monies owed to the Authority. ARTICLE XVM FILING WITH SECRETARY OF STATE Notice of this Agreement, or any amendments to it, shall be filed with the Office of the Califonua Secretary of State within thirty days of its effective date pursuant to Government Codes Section 6503.5. 11 39 Exhibit A 40 _ 1 3 4 5 6 s 9 !0 1t 12 _ 13 14 15 16 17 1S 19 20 21 22 23 24 25 1989-1990 PROPOSED FUNDING FORMULA CALENDAR 1989 Projected Fiscal Year 1989-1990 CITY Gross Sales X .55% Desert Hot Springs Not a member at this time Cathedral City 510,242,000 $56,331 Indian Wells 15,214,182 83,678 Indio 3,910,000 21,505 La Quinta 15,788,909 86,839 Palm Desert 59,403,090 326,717 Palm Springs 70,193,455 386,064 Rancho Mirage 27,598,000 151,789 TOTAL $202,349,636 Note: Proj ection from City Finance Departments $1,112,923 EX.I-I1:MIT A 71 41 2 3 4 5 6 7 s 9 10 15 16 17 is 19 20 21 22 23 24 25 1990-1991 PROPOSED FUNDING FORMULA CALENDAR 1990 Projected Fiscal Year 1990-1991 CITY Gross Sales X .6% Desert Hot Springs $4,625,000 $27,750 (Desert Hot Spzings joined 7/6190) Cathedral City 10,555,556 63,333 Indian Wells 19,195,514 115,173 Indio 5,900,000 35,400 La Quinta 21,000,000 126,000 Palm Desert 46,250,000 277,500 Palin Springs 74,444,444 446,667 Rancho Mirage 27,777,778 166,667 TOTAL $209,748,292 Notc: Projection from City Finance Departments $1,258,490 42 2 3 4 s G 7 s 9 10 12 15 16 17 l$ 19 20 21 22 23 74 `25D 6 1991-1992 PROPOSED FUNDING FORMULA CALENDAR 1991 Projected Fiscal Year 1991-1992 CITY Gross Sales X 6% Desert Hot Springs $3,439,000 $20,634 Cathedral City 9,895,000 59,370 Indian Wells 29,666,667 178,000 Indio 5,500,000 33,000 La Quinta 22,166,667 133,000 Palm Desert 52,000,000 312,000 Palm Springs 87,000,000 522,000 ti Rancho Mirage 27,777,833 166,667 TOTAL $237,445,167 Note: Projection from City Finance Departments $1,424,671 I�:�*ul�ll�►a 23 43 3 4 5 6 7 s 9 10 12 13 \ _ "4 15 16 17 Is 19 20 71 77 23 24 25 �� 5 1992-1993 PROPOSED FUNDING FORMULA Calendar 1992 Projected FY 1992-93 FY 1992-93 CITY Gross Sales X .6% X 1.4% TOTAL Desert Hot Springs S3,687,926 $22,128 -0- S22,128 Cathedral City 10,998,141 31,075 50,066 111,141 Indian Wells 28,050,000 -0- 392,700 392,700 Indio 6,330,740 37,984 -0- 37,984 La Quinta 19,337,845 -0- 270,730 270,730 Palm Desert 53,264,338 66,560 590,394 656,954 Patin Springs 72,062,921 1 195,738 552,158 747,896 Rancho Mirage 32,000,000 26,880 385;280 412,160 TOTAL $225,631,911 5380,365 $2,271,328 $2,651,693 Note: Sources: City Finance Departments I991 Year-end Gross Sales; City of Indian Wells Projection - Down Trend City of Rancho Mirage - Westin Mission Hills EXHIBIT A-3 24 44 2 3 4 5 6 7 6 9 to 1] 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 J _6 1993-1994 PROPOSED FUNDING FORMULA Fiscal Year Actual FY 1993-94 FY 1993-94 CITY Gross Sales X .6% X 1.4- TOTAL Desert Hot Springs Inactive member Cathedral City $9,185,163 $26,292 $67,244 $93,536 Indian Wells 29,352,553 3,911 401,810 405,721 Indio 5,437,041 32,622 -0- 32,622 La Quinta 20,404,525 11,502 258,826 270,328 Palm Desert 53,128,056 60,896 601,701 662,597 Palm Springs 68,964,193 170,366 567,978 738,344 Rancho Mirage 37,454,580 10,385 500,2133 510,518 TOTAL $223,926,111 $315,974 $2,397,692 $2,713,666 Note: Sources: City Finance Departments WOO IC W57! 25 45 .Jl � 2 3 4 5 6 7 E 9 10 I1 12 13 4 15 16 17 1E 19 20 21 22 23 24 25 6 1994-1995 PROPOSED FUNDING FORMULA Fiscal Year Actual F'Y 1994-95 FY 1994-95 CITY Gross Sales X .6% X 1.4% TOTAL Desert Hot Springs Inactive member Cathedral City $9,500,000 $25,200 $74,200 $99,400 Indian Wells 27,777,778 3,333 381,111 384,444 Indio 5,250,000 31,500 -0- 31,500 La Quinta 19,482,273 10,830 247,482 258,312 Palm Desert 48,042,432 60,480 531,474 591,954 Palm Springs 68,100,439 191,700 506,106 697,806 Rancho Miraje 36,000,000 9,072 482;832 491,904 TOTAL $214,152,921 $332,115 $2,223,205 $2,555,320 Note: Sources: City Finance Departments EXIT A-5 26 46 2. i 3 4 sj G i 7 s 9 to 11 12 13 4 15 16 17 is 19 20 21 22 23 24 25 1995-1996 PROPOSED FUNDING FORMULA Fiscal Year Projected FY 1995-96 FY 1995-96 CITY Gross Sales X .6% X 1.4% TOTAL Cathedral City $9,300,000 $25,800 $70,000 $95,800 Desert Hot Springs 4,950,833 29,705 -0- 29,705 (Re joined the Authority 7/l/95) Indian Wells 30,810,786 3,243 423,784 427,027 Indio 5,410,000 32,460 -0- 32,460 La Quinta 21,366,357 12,180 270,709 282,889 Palm Desert 50,555,571 60,000 567,778 627,778 Palen Springs 76,444,429 192,000 622;222 814,222 Rancho Mirage 37,166,667 10,000 497,000 507,000 TOTAL $236,004,643 S365,388 $2,451,493 $2,816,891 Riverside County (annual contribution) -0- -0- 31,500 Note: Sources: City Finance Departments TOTAL $2,848,381 EXgBBIT A-6 27 47 1 .. 2 3 4 5 6 7 8 9 )0 12 13 15 16 17 1s 19 20 21 22 23 24 25 1995 ACTUAL FUNDING FORMULA Actual 1995 1995 CITY Gross Sales X .6% X 1.4% TOTAL Cathedral City $8,480,124 $19,027 $74,325 $93,352 Desert Hot Springs 2,158,960 12,954 12,954 Indian Wells 33,905,975 4,569 464,023 468,592 Indio 6,345,485 38,073 38,073 La Quinta 23,270,753 13,135 295,143 308,277 Palm Desert 52,750,567 80,946 549,634 630,580 Palm Springs 74,792,529 178,270 631,131 809,402 Rancho Mirage 40,212,860 9,897 539,887 549,784 TOTAL $205,350,612 $356,871 $2,554,143 $2,911,014 Riverside County (annual contribution) -0- -0- 31,500 Note: Sources: City Finance Departments TOTAL $2,942,514 EXHIBIT A-7 28 48 3 1 4 5 6 s 9 10 12 13 '4 1s 16 17 18 19 20 21 2z 23 24 25 1996 ACTUAL FUNDING FORMULA Actual 1996 1996 CITY Gross Sales X .6% X i.4% TOTAL Cathedral City S8,038,544 S19,754 $66,448 $86,202 Desert Hot Springs 5,117,831 30,707 15,149 45,856 Indian Wells 37,189,611 4,696 509,697 514,393 Indio 6,349,063 39,094 38,094 La Quinta 25,998,636 15,625 327,522 343,147 Palm Desert 56,188,100 85,750 586,550 672,300 Palm Springs 80,570,513 205,050 649,538 854,588 Rancho Mirage 43,740,480 10,619 587;589 598,208 TOTAL $263,192,778 $410,295 $2,742,493 $3,152,788 Riverside County (annual contribution) -0- -0- 31,500 TOTAL S3,184,288 Note: Sources: City Finance Departments la.1140611:11 29 49 �1 2 3 4 5 G s 9 10 12 13 :4 15 16 17 1s 19 20 21 22 23 24 25 6 1997 FUNDING FORMULA Actual Gross 1997 1997 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City $8,106,256 521,778 $62,672 $84,450 Desert Hot Springs $5,181,743 531,090 0 $31,090 Indian Wells $39,160,033 $5,255 $535,980 $541,235 Indio 56,750,742 $40,504 0 $40,504 La Quinta $28,776,060 $17,937 $361,013 $379,950 Palm Desert $60,082,623 $98,834 $610,543 5709,377 Palm Springs $90,436,119 $228,488 $732,967 $961,455 Rancho Mirage 546,479,736 511,623 $623,597 $635,220 TOTAL $284,973,312 $455,509 $2,926,772 $3,382,281 Riverside County Annual Contribution $33,000 Note Sources: City Finance.Departments TOTAL $3,415,281 EXHIBIT A-9 3G 50 1 2 3 4 5 6 s 9 10 12 .� 13 4 15 16 17 IS 19 20 21 22 23 24 25 �- 5 1998 FUNDING FORMULA Actual Gross 1998 1998 CITY Hotel Sales X .6% X '1.4% TOTAL Cathedral City $9,665,707 $24,037 $79,233 $103,270 Desert Hot Springs S6,263,382 $31,088 $15,149 $46,237 Indian Wells $44,368,886 $4,096 $611,606 $615,702 Indio $7,428,589 $44,572 0 $44,572 La Quinta $30,850,080 $20,916 $383,097 $404,013 Palm Desert $69,507,942 $113,712 $707,784 $821,496 Palm Springs $96,461,293 $249,076 $769;280 $1,018,356 Rancho Mirage $48,505,884 $1I,432 $652,408 $663,840 TOTAL $313,051,763 $498,929 $3,218,557 $3,717,486 Riverside County Annual Contribution $34,729 TOTAL $3,752,215 (Note: Sources: City Finance Departments 31 51 I 2 3 4 s 6 7 8 9 1D 11 1z 13 D;14 15 16 17 is 19 20 21 22 23 24 25 1999 FUNDING FORMULA Actual Gross 1999 1999 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City $11,398,820 $26,852 $96,929 $123,781 Desert Hot Springs 7,216,613 31,968 26,440 58,408 Indian Wells 46,815,903 1,578 651,741 653,319 Indio 8,802,462 52,815 -0- 52,815 La Quinta 33,843,166 22,453 421,414 443,867 Palm Desert 84,470,536 149,718 833,245 982,963 Palen Springs 107,415,950 281,640 846;662 1,128,303 Rancho Mirage 50,795,509 12,914 681,004 693,918 TOTAL $350,758,958 $579,939 $3,557,435 $4,137,374 Riverside County Annual Contribution $36,465 Note Source: City Finance Departments TOTAL $4,173,839 EXHIBIT A-11 32 52 3 4 5 6 7 s 9 10 12 13 \ :4 15 16 17 is 19 20 21 22 23 24 25 6 2000 FUNDING FORMULA Actual Gross 2000 2000 CITY Hotel Sales X .6% X ' 1.4% TOTAL Cathedral City $10,744,357 $25,059 391,950 $117,009 Desert Hot Springs 8,055,190 35,318 30,364 65,682 Indian Wells 47,719,310 1,627 664,274 665,901 Indio 9,575,833 57,455 57,455 La Quinta 39,485,905 26,456 491,072 517,528 Patin Desert 81,315,714 1 133,860 826,080 959,940 Palm Springs 114,261,929 296,862 906,989 1,203,851 Rancho Mirage 54,025,119 15,764 719,569 735,333 TOTAL $365,183,357 $592,401 $3,730,298 $4,322,699 Riverside County Annual Contribution $38,288 i Now Source: City Finance Departments TOTAL • $4,360,987 EXHIBIT A-12 33 53 12 04 15 16 17 1s 19 20 21 22 23 24 25 2001 FMIDDIG FORMULA Actual Gross 2001 2001 CITY Hotel Sales X .6% X ' 1.4% TOTAL Cathedral City $10,959,099 $30,412 $82,466 $112,879 Desert Hot Springs 8,353,548 35,804 33,407 69,211 Indian Wells 42,054,842 1,416 585,465 586,880 Indio 9,584,977 57,510 57,510 La Quinta 37,049,684 24,192 462,248 486,440 Palm Desert 79,878,327 131,193 812,180 943,373 Palm Springs 108,735,173 288,350 840,476 1,137,826 Rancho Mirage 52,613,806 19,196 691,802 710,998 TOTAL $349,229,456 $588,072 $3,517,044 $4,105,116 Riverside County Annual Contribution $40,202 j Note Source: City Finance Departments •'r TOTAL $4,145,318 EXHIBIT A-13 34 54 /}2 3 4 5 G 7 8 9 10 12 �13 )4 15 16 17 1S 19 20 21 22 23 24 25 2002 FUNDING FORMULA Actual Gross 2002 2002 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City S11,545,062 $32,309 $86,242 $118,552 Desert Hot Springs 7,561,030 31,159 33,150 64,309 Indian Wells 33,163,232 1,263 461,339 462,602 Indio 10,409,432 62,457 62,457 La Quinta 37,800,640 25,290 470,199 495,489 Palm Desert 77,816,218 129,279 787,776 917,055 Palm Springs 105,988,438 284,318 820,430 1,104,748 Rancho Mirage 51,186,622 24,609 659;192 683,801 TOTAL $335,470,674 $590,683 $3,318,329 $3,909,012 Riverside County Annual Contribution $42,216 Note Source: City Finance Departments - unaudited TOTAL S3,951,228 1W410-11-1-N0m 35 55 7 2 3 4 5 6 7 s 9 10 12 i D 13 \ 1 15 16 17 1S 19 20 21 22 23 24 25 2003 FUNDING FORMULA Actual Gross 2003 2003 CITY Hotel Sales X .6% X 1.4% TOTAL Cathedral City $12,143,364 $33,972 $90,738 5124,711 Desert Hot Springs 7,546,972 30,979 33,373 64,352 Lidian Wells 43,456,199 895 606,296 607,192 Indio 10,512,604 63,076 63,076 La Quinta 36,827,119 25,750 455,497 481,247 Palm Desert 80,331,558 171,511 724,450 895,961 Palm Springs 101,454,735 302,475 714,591 1,017,066 Rancho Mirage 51,044,067 21,820 663;712 685,532 TOTAL $343,317,078 $650,477 $3,288,659 $3,939,136 Riverside County Annual Contribution $44,323 TOTAL $3,983,459 Note Source; City Finance Departments - unaudited EXHIBIT A-15 36 56 1 CONTRIBUTIONS 2 The formula shall be equal to six -tenths of one percent (.6%) of all taxable gross hotel room 3 rentals and an amount equal to eight tenths of one percent (.&%) of the taxable gross hotel room x rentals of Convention Meeting Hotels; provided, that if a member city prior to June 1, 1993, shall s jive notice of withdra-A aI from membership, that city shall pay during the 1993-1994 fiscal year 6 a contribution equal to six tenths of one percent (.6%) of all taxable gross hotel room rentals. 7 s 9 10 11 12 13 , 4 15 16 17 l8 19 20 21 Footnote: Provided that any changes to the foregoing Exhibit conform with Article XVI of the 22 JPA Agreement. 23 24 EXHIBIT C }25 r,• M1J > 39 57 Exhibit B W I 2 3 t. 6 s 9 10 12 13 a 15 16 17 is 19 20 21 22 23 24 25 -� -G DEFI9MONS "Convention Meeting Hotel". A Convention Meeting Hotel as defined in this agreement shall have the same meaning as "Group Meeting Hotel' to wit"; A hotel meeting the following criteria: A) A minimum of 125 rooms, B) Meeting space for 125 people, and C) Has personnel specifically employed, other than the general manager or director, whose primary job responsibility is group sales. Provided that a member city, for good cause, may exclude a hotel from or include a hotel in the category of Convention Meeting Hotel upon a showing that such hotel does or does not receive services from the Authority. 0 Footnote: Provided that any changes to the foregoing Exhibit conform with Article XVI of the JPA Agreement. EXHIBIT B W WJ Exhibit C = uffs•; W i� M. cGiOZ I �i`Yt r �1 ���.��{`fit 3�• .1�• • a � � C 4 ' �+x� • ❑ � � � � // W y �,�� �,t�{t=l�!('ji�j�y�� III �. cc »O� v i y'i• •11 ~.Y' W Z = Z i I Z L75 lip go A �r f.i 3 OIL _�� �j• � � 11 � V �V �'s __e: ••_i•:f2 ca CL LU .77 o. V N 4. T4.ZA 1402 4-1 c f u�k cm 41 VVI LAJ •7 ~S+�N i . ►+1 ?��Q� 4. mw Moswwvw _ 2222 J`.a•N �0 �.�V� tuM Y i O Y M Ic PCD ee mcg:s'f � � _ •ov �p //, I • � „ Y = � � � ,r .ys w.. -�� � 11' �tl � ,�+r,3 o Q w " � 1 i 707� m ` i 03 Z •i `%� Q V i `i m» 'rg PHI 0 Xi 1 n o I _ = 2� {i to ca dot 3 p raw ooti >• .... L' �E� ��j� i N C IJ C• = = O S 3_ 3�` Y♦ C �v wvfOw �- � P s •E o,c � t ,► ; g � � � • `� � � 004 s`�vr� - �_ ® �YCw. of � � _ - = � �� �• ' ��� �3 0__00Irr •� _�� $ � .f' •` � � � New •'-� � 3 i- r�! }-•"r _: .�_. �. �_1d o � I =N•��� .•.�.�.iirZ:u � �i •Cr•±'�j-�`-� �^r, _ y w �, rrp x•�O OAK � cd Vw "'7 L:.�•¢,`' ,.�,••t.•.�-.� Nor W-✓ r.r :�• 7 7.`a�c i � �� � t . -, �+'*'`t�R�a•=t L ti ..-it.m•�"� ,„cu„,•. , e ? �� .a •'� �� Z. ;,;,: r J J• r PALM s Al pe leZ V N � t CpIIpRARp A 4IFORN CITY COUNCIL STAFF REPORT DATE: May 27, 2009 CONSENT CALENDAR SUBJECT: APPROVING TERMS OF AN AMENDMENT TO THE PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY JOINT POWERS AGREEMENT RELATING TO THE MEMBERSHIP OF THE HOSPITALITY INDUSTRY AND BUSINESS COUNCIL FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney RECOMMENDATION: 1) Approve terms of Amendment No. 2 to Agreement No. A2660 with the Palm Springs Desert Resort Communities Convention and Visitors Authority Joint Powers Agreement; and 2) Authorize the City Manager to execute the all documents related to this amendment in a form approved by the City Attorney. STAFF ANALYSIS: Pursuant to the current provisions of the Joint Powers Agreement for the Palm Springs Desert Resort Convention and Visitors Authority, the Executive Committee appoints 17 persons to serve on the "Hospitality Industry and Business Council," ad advisory body to the Executive Committee. The HIBC does not have any legal status except as provided in the JPA. The Authority desires to amend the JPA to allow the HIBC to assume a management role in the Authority and to expand its membership. The ultimate goal is that the HIBC will incorporate as a private non-profit corporation and serve as an advisory and management role to the Authority and an advisory body to the County Business Improvement District. The Authority would appoint the initial membership of the HIBC for the purpose of completing the incorporation process and organizing itself. Once organized, the the HIBC would be a self-sustaining non-profit corporation with full authority under its bylaws to add members to the entity and to perform . All members of the HIBC would be eligible to participate in the activities of the HIBC in its relationship to the Authority. The express terms of the Articles of Incorporation of the HIBC provides that the purpose of HIBC "is to assist the ... Authority in implementing the terms of the 576271.1 Item No. 2 • J • City Council Staff Report May 27, 2009 Amendment to JPA Improvement District currently in effect." (A copy fo the draft Articles of Incorporation are attached for the Council's reference.) The proposed amendments to the JPA are intended to recognize this transformation of the HIBC. The proposed amendments are as follows: 1. The definition of "Hospitality Industry and Business Council" in Article 1 of the JPA currently provides: "Hospitality Industry and Business Council. An advisory body comprised of 17 private or associate members appointed by the Executive Committee." This definition would be amended to read: "Hospitality Industry and Business Council. A managing body, Hospitality Industry and Business Council, Inc., a California corporation." 2. The last sentence in the first paragraph of Article IX currently provides: "The Executive Committee shall appoint a Hospitality Industry and Business Council comprised of 17 private and associate members for three year staggered terms." The sentence would be amended to read: "The Executive Committee shall appoint as a managing body the Hospitality Industry and Business Council, Inc." The amendment to the JPA will require the affirmative vote of 6 or more of the member cities to the JPA. FISCAL IMPACT It is not anticipated that the approval of this amendment will have any direct fiscal impact o he City. C Douglas Ffolland, City Attorney David H. Ready, Ci ger Attachment: Draft Articles of Incorporation of the HIBC 576271.1 02 ARTICLES OF INCORPORATION OF HOSPITALITY INDUSTRY AND BUSINESS COUNCIL, INC. A California Nonprofit Mutual Benefit Corporation The name of this corporation is HOSPITALITY INDUSTRY AND BUSINESS COUNCIL, INC. II A. This corporation is a nonprofit mutual benefit corporation and is organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law. B. The specific purpose of this corporation is to assist the Palm Springs Desert Resort Communities Convention and Visitors Authority ("Authority") in implementing the tenns of the Joint Powers Agreement between the Authority and its members and to assist the Authority in implementing the Business Improvement District currently in effect. III Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation IV The name and address in California of the corporation's initial agent for service of process is: Samuel Crowe, H 31 West Sixth Street, Suite 300, Ontario, California 91762. u A. No substantial part of the activities of this corporation shall consist of lobbying or propaganda, or otherwise attempting to influence legislation, except as provided in M Section 501(h) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law, and this corporation shall not participate in or intervene in (including publishing or distributing statements) any political campaign on behalf of or in opposition to any candidate for public office, except as provided in Section 501(h) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. B. All corporate property is irrevocably dedicated to the purposes set forth in Article II above. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or members, or to individuals. C. On the winding up and dissolution of this corporation, after paying or adequately providing for the debts, obligations, and liabilities of the corporation, the remaining assets of this corporation shall be distributed to such organization (or organizations) organized and operated exclusively for charitable and educational purposes, which has established its tax-exempt status under Section 501(c)(6) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States internal revenue law. VI To the fullest extent permitted by law, this corporation shall indemnify its directors, officers, employees and other persons described in Section 7237(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements, and any other amounts actually and reasonably incurred by them in connection with any proceeding, as that term is used in Section 7237(a), and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that Section. "Expenses" as used in this Article, shall have the same meaning as in Section 7237(a) of the California Corporations Code. To the fullest extent permitted by law and except as otherwise determined by the Board of Directors of the corporation in a specific instance, expenses incurred by a person seeking indemnification under this Article, in defending any proceeding covered by this Article, shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for those expenses. Incorporator 2 CI! 4 0 C AMENDED AND RESTATED BYLAWS OF PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION AND VISITORS AUTHORITY (formerly Palm Springs Desert Resorts Convention and Visitors Authority) (Amended , 2009) Section 1: PURPOSE To jointly encourage and engage in such other activities 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 to the area from a world-wide. market, all to the benefit of the member organizations and their citizens. Section 2: EXECUTIVE COMMITTEE A. Officers — Chairman and Vice Chairman are elected annually in December for the following Calendar year. B. Duties: Manage affairs and evaluate performance of Joint Powers Authority 2. Hire President 3. Authorize contracts for service 4. Adopt Budget C. Chairman appoints subcommittees D. Membership Qualifications: Voting members are elected/appointed members from active public organizations that have not given notice to withdraw. Each active public member appoints one elected official as the designated delegate and a second elected official as an alternate. The County appoints one elected official as the designated delegate and either a second elected official or a senior staff member as the alternate member. City Managers are ex- officio members. Three ex-officio members are appointed by HIBC chairman from Hospitality and Business Council for one year terms. Section 3: TECHNICAL ADVISORY COMMITTEE A. Officers — The City Manager representative shall be automatically named Chair of Technical Advisory Committee (TAC) upon selection of JPA Executive Committee Chair as selected in December for the following Calendar year. 05 C. c B. Duties — Advise Executive Committee on all matters pertaining to Joint Powers Authority (JPA). C. Membership Qualifications — City Managers/Administrators from active public agencies. Section 4: HOSPITALITY INDUSTRY AND BUSINESS COUNCIL (HIBC) A. Members 1. Seventeen (17) appointed by Executive Committee 2. Widespread hospitality Industry/Business Community. Balanced representation from Active Public Members The following categories serve as a guideline: Members/Category 2 — Hotels with less than 100 rooms 3 — Hotels between 101-300 rooms 4 — Hotels with more than 301 rooms 7 — Business/Attractions Community (Retailers, restaurants, attractions, banking, finance, transportation, air carriers, developers, Chambers of Commerce, etc.) 1 — At Large B. Terms Appointed in December for terms beginning January 1. Three years staggered serve at pleasure of Executive Committee. Two -term maximum, majority vote of Executive Committee to appoint and 2/3 vote of Executive Committee to remove. In the event of a delayed appointment, existing HIBC members serve until replaced. C. Duties 1. Develop annual budget, marketing plan, and other related activities for submission to Executive Committee for approval. 2. Develop measurable performance criteria to evaluate CVA performance. (Beyond Transient Occupancy Tax, to include room nights booked, lead generation, cooperative advertising, membership involvement and other appropriate indicators). DS 3. Develop dues structure for private and Associate Members to be submitted to Executive Committee. 4. Meet monthly with President and staff to review performance, revenues and expenditures. 5. Approve monthly financial reports for distribution to Executive Committee. 6. Authorize minor adjustments to the budget within CVA activities (i.e., marketing program, sales program, advertising program). Budget adjustments between major categories requires Executive Committee approval. 7. Chairman of HIBC appoints subcommittees as necessary. 8. HIBC members elect Chairman, Vice Chairman and Secretary annually, in December, for following Calendar year. 9. Review, comment and submit contracts for professional services to the Executive Committee for approval. 10. Conduct meetings in accordance with the Brown Act. 11. File Conflict of Interest statements. Disclose financial interests. Disqualify from participation in decision which may affect Hospitality Industry and Business Council members' or their employees' economic interest. 12. Chairman is an ex-officio member of Executive Committee, attends all Executive Committee meetings (including closed sessions). Chairman may delegate to Vice Chairman. In addition, Hospitality Industry and Business Council Chairman appoints two additional members to serve one year, ex-officio terms on Executive Committee. 13. Hospitality Industry and Business Council members serve without compensation during any term served, including one year following last term of service. 14. Members who miss more than two HIBC meetings in a row or who miss 50% or more of the regularly scheduled HIBC meetings during any 12 month period shall be deemed to have resigned. D. Nominating Committee, Marketing Committee, Budget Committee, other ad hoc committees. Members: Appointed by Hospitality Industry and Business Council Chairman from HIBC and Palms Springs Desert Resort Communities Convention and Visitors Authority membership. HIBC officers are also ex-officio members of all committees. 07 2. Terms: One year, serve at pleasure of Chairman of Hospitality Industry and Business Council appointed by HIBC Chairman in December each year. 3. Duties: a) Nominating Committee meets as necessary. Recommends to HIBC for approval and submission to the Executive Committee, individuals to serve on Hospitality Industry and Business Council. Nominates officers of HIBC. b) Marketing Committee meets at least annually. Recommends marketing programs for following calendar year. c) Budget Committee meets as necessary. Prepares and monitors budget and performance indicators. 4. Membership Qualifications: When located in Coachella Valley, members represent business entities within boundaries of active members' agencies. S. Other ad hoc Committees: a) Other HIBC committees are appointed by Chairman of Hospitality Industry and Business Council. b) Other JPA Executive Committees are appointed by Chairman of JPA Executive Committee. E. Business Improvement District (Tourism Bid). By Ordinance #883, the County of Riverside has established a Business Improvement District for the purpose of promoting tourism by providing for a levying or annual assessment within the boundaries of the Tourism BID territory to fund activities related to tourism. This section designates the Hospitality Industry and Business Counsel of the Palm Springs Desert Resort Communities Convention and Visitors Authority to serve as the Advisory Board for the Tourism BID. In its capacity as the Advisory Board the HIBC shall: 1. Review and make any recommendations regarding the operations of the Tourism BID. 2. Review and recommend all expenditures of revenues derived from the levy of assessments derived from the Tourism BID which shall be within the policy guidelines established by the Board of Supervisors of Riverside County. 3. Annually present a report to the Board of Supervisors of Riverside County for their approval which shall include a description of the program activities to be implemented with the Tourism BID and an estimate of expenditures related thereto. 4. Submit an annual report to the Board of Supervisors of Riverside County outlining the previous year's revenues and expenses which shall include (a) any proposed changes to the Tourism BID boundaries and (b) the amount of any contributions made from sources other than the assessment levied pursuant to the Tourism BID. 5. Exercise such other duties as may be directed from time to time by the Board of Supervisors of Riverside County. 6. Establish an annual budget for the use of Tourism BID funds and approve any modifications thereto. 7. Establish an annual budget for the use of funds contributed to the Tourism BID by hotels or other establishments not within the Tourism BID territory. Section 5: PERSONNEL COMMITTEE A. Members/Category: Two (2) — Chairman of Executive Committee and one other Executive Committee member appointed by Chairman of Executive Committee One (1) — Chairman of Hospitality Industry and Business Council B. Duties: Conduct annual written review of President performance within 30days of close and report to Executive Committee at their next regularly scheduled meeting. 2. Advise Executive Committee on personnel matters. 3. Review CVA Employee Benefit Package with the aid of the Technical Advisory Committee (TAC) Chairman. Section 6: MEMBERSHIP QUALIFICATIONS A. Private Members: Non -government members whose place of business is within the jurisdiction of an active public member. B. Associate Members: Non -government member whose place of business is outside the Coachella Valley. C. Active Public Member: A public agency, signatory to JPA, who has not given notice of withdrawal. D. Inactive Public Member: A public agency, signatory to JPA, who has given notice of withdrawal. Section 7: MEETINGS A. Annual Membership Meeting: At least once a year, during first quarter of Calendar year, to report to total membership (public/private) the previous year's accomplishments and the future operation and marketing plans. B. Executive Committee: At least quarterly, or as deemed necessary, time and place to be established. The Chairman or a majority of the Executive Committee may call a meeting. C. Hospitality Industry and Business Council: At least one meeting per quarter, but not less than nine in a 12-month period. D. Other Committees — As needed. Section 8: QUORUM A. A majority of current membership of each committee shall constitute a quorum. B. All action of each committee shall be by majority vote of those present. Section 9: PRESIDENT A. Professional Manager hired by Executive Committee to manage affairs of JPA. B. Develop and administer plans and programs for achieving visitor industry objectives. Develop and maintain key relations in the tourism and convention industry in order to assure effective advertising, public relations, promotions and direct sales of the Palm Springs Desert Resorts area for exploitation of the member cities as a visitor and convention destination. Section 10: AMENDMENTS Bylaws may be amended by majority vote of the Executive Committee. Section 11: WARRANTS AND DEMANDS A system of warrants and demand payments will be established. Monthly statements of warrants and demands shall be submitted to Executive Committee for approval and ratification. 10 �pA�MSA O 9, u vA * M a R,� a �cDhDYh/�D la, FORa�P __-- City Council Staff Report DATE: July 30, 2008 SUBJECT: ADOPTION OF A RESOLUTION CONSENTING TO THE CREATION OF A MULTI -JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT. FROM: David H. Ready, City Manager BY: City Manager's Office 411 IIIIsC 1 On June 23, 2008, the County of Riverside received a letter (Attachment A) from the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) requesting that the County begin the process of forming a Palm Springs Desert Resort Communities Tourism Business Improvement District (Tourism BID) in the Coachella Valley. The CVA completed a thorough review and approved the multi -jurisdictional Tourism BID concept with the input of their Joint Powers Authority Executive Committee (JPA), Technical Advisory Committee JAC), and Hospitality Industry and Business Council (HIBC). The CVA also consulted with representative from hotels of fifty (50) rooms/units or more who also provided input and endorsed the recommendation to form a multi -jurisdictional Tourism BID in the Coachella Valley. The Tourism BID would provide a stable source of marketing dollars that would enhance the area's ability to plan and implement tourism marketing and sales programs. It would also provide more control to hospitality professionals on the use of funds generated from their businesses_ This new source of funds would add to the marketing and sales activities and would allow for the Coachella Valley to be more competitive in the tourism market. RECOMMENDATION: 1. Adopt Resolution No. DA RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE CREATION OF A ITEM City Council Staff Report Mulb-Jurisdictional Tourism Business Improvement District MULTI -JURISDICTIONAL TOURISM BUSINESS DISTRICT_" July 30, 2008 Page 2 of 3 IMPROVEMENT 2. Authorize the City Manager to executive all necessary documents. STAFF ANALYSIS: The CVA is a Joint Powers Authority that was established to promote the hospitality industry in the member communities which includes the unincorporated area of the Coachella Valley, Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. It serves as a coordinating agency for sales, marketing, and promotional efforts aimed at potential tourism, corporate, incentive, and convention group markets. A BID is a type of assessment district that is publicly sanctioned, but privately directed. BIDS are essentially pubic/private partnerships where private businesses agree to assess themselves in exchange for the authority to use the funds to benefit their business_ BIDS have been used successfully in other areas to support tourism marketing efforts. Examples of multi -jurisdictional BIDs created by other California counties include those formed by Mendocino County, San Luis Obispo County, and Sonoma County. The level of assessment being considered for the proposed Tourism BID is two percent (2%) of the sale of overnight room stays and would apply only to hotels and motels with fifty (5) or more sleeping rooms. There are approximately 86 hotels/motels in the Coachella Valley that fall into this category. The total annual revenue projected to be generated in the first full year is approximately $7.6 million. The revenue collected would be used to fund the following activities to promote Tourism in the Coachella Valley: 1. Marketing, advertising, and public relations; 2. Brochure development and distribution; 3 Promotion of public events which benefit businesses in the area and which take place on or in public places within the area; 4. Activities which benefit businesses located and operating in the area, including but not limited to downtown shopping and promotional programs. The current funding responsibility shouldered by local governments to pay for regional tourism marketing programs would decrease due to the formation of a Tourism BID. CVA Join Powers Authority member jurisdictions currently pay for most of the CVA marketing efforts with a portion of their Transient Occupancy Tax (TOT) revenue. If approved, funding from local governments would remain unchanged for the first year to establish a stabilized fund balance. In the second year, funding from the Cities and County to the CVA would decrease by seventy- five percent (75%) from currently $4.96 million to $1.24 million. OOOOG2 City Council Staff Report Multi -Jurisdictional Tourism Business Improvement District July 30, 2005 Page 2 of 3 If the Tourism BID was implemented, Palm Springs' current contribution of $1,185,622 becomes $296,406 in the second year. FISCAL IMPACT: In the second year after impiementation, and all years thereafter, the City of Palm Springs will experience a 75% reduction in its annual contribution to the CVA. David H. Ready, Ci ger MC1 �4 , A' Thomas Wilson, As 'stant City Manager Attachment A — Palm Springs Desert Resorts Letter 0000aI ATTACHMENT A CONVENTION AND VISITORS AUTHORITY June 23, 2008 Hon. Roy S. Wilson Supervisor, 0 District County of Riverside 73-710 Fred Waring Dr., Suite 222 Palm Desert, CA 92260 Dear Supervisor Wilson: I am writing this letter to request that the County of Riverside initiate the action and process of formation for a mulNurisdictional Business Improvement District (BID) by approving the request Resolution (draft attached) that will be submitted to the cities of Palm Springs, Rancho Mirage, Palm Desert, Indian Wells,- La Quinta, Indio, Desert Hot Springs, and Cathedral City. The Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) has completed review and approval of the E310 with the input of their Joint Powers Authority Executive Committee (JPA), Technical Advisory Committee (TAC), and Hospitality Industry and Business Council (HIBC). This process has led to the recommendation that the BID be formed as presented in this attached Resolution- The hotels in our Valley of fifty rooms/units or more expressed interest, provided input, and have endorsed formation of this multi jurisdictional BID. I respectfully .request that the Hospitality Industry and Business Council (1-1113C) be designated as the advisory committee to the County of Riverside Board of Supervisors for the multi jurisdictional 131D. Th k you far your courtesy and consideration_ Robert A. Bemheimer Chair, JPA Executive Committee cc: lean Martinez, Deputy County Executive OfF[cer Lee Marcus, Chair, HIBC Jeff Beckelman, President and CEO, CVA SerOve tlit 09sorl Aasart Dowrounllles of lllaersldd Caanly Cathcdrrl Ctty -case(( Hal 5ulna•. ^ ladlaa Wells • IadJo • Ln Oatnto . Pon Desert • Palm Sprlaps • KaRche Mlr�aa 70.10o It11UWay 111 • tlincao ltusya, CA D727a • i; 76tl•77W9000 . iF; 1i00.067-3J67 • F: 7G0.7711-11D07 • valmsorinussaa•tem 1761glq Plaa, UC Sale! OIIPoP • 515 ktgl Strccl• Suits 315 • Alexasdrla, VA 22314 • 7: 707-549-11975 • i; 793.519-7571 O RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONSENTING TO THE CREATION OF A MULTI -JURISDICTIONAL TOURISM BUSINESS IMPROVEMENT DISTRICT. WHEREAS, the County of Riverside has received a request to initiate the process for the formation of a multi jurisdictional Business Improvements District, from the Palm Springs Desert Resorts Convention and Visitors Authority; and WHEREAS, it is the opinion of the City Council that the hotel and motel businesses located within the City of Palm Springs and the proposed Tourism Business Improvement District, will benefit from the activities of a business improvement district and the purpose sought to be accomplished by the work can be accomplished by a single comprehensive scheme of work; and WHEREAS, consenting cities will participate in the proposed Tourism Business Improvement District by authorizing the County of Riverside to collect the assessment applied to certain hotels and motels within the City of Palm Springs; and WHEREAS, on July 1, 2008, the Board of Supervisors of the County of Riverside, adopted Resolution No. 2008-330 requesting consent of the cities to create the multi jurisdictional business improvement district, and appointed an advisory board pursuant to §36530 of the California Streets and Highways Code to recommend the provisions of the Resolution of Intention. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council consents to the creation of a multi -jurisdictional tourism business improvement district, and grants to the Board of Supervisors of the County of Riverside, jurisdiction in the creation and operation of the proposed business improvement district, with input from the lodging businesses and participating cities. PASSED, APPROVED AND ADOPTED THIS 30' DAY OF JULY, 2008, David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Resolution No. is a full, meeting of the City Council following vote: AYES: NOES: ABSENT: ABSTAIN: CERTIFICATION ss. Clerk of the City of Palm Springs, hereby certify that true and correct copy, and was duly adopted at a regular of the City of Palm Springs on July 30, 2008, by the James Thompson, City Clerk City of Palm Springs, California 000066 90a SUBMITTAL TO THE BOARD OF SUPERVISORS `h* COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: EXECUTIVE OFFICE SUBMITTAL DATE: July 1, 2008 SUBJECT: Adoption of Resolution 2008-330, Requesting consent of Cities in the Coachella Valley to form a Multi jurisdictional Tourism Business Improvement District, RECOMMENDED MOTION: That the Board of Supervisors: 1. Approve and adapt Resolution 2008-330 requesting consent of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, to create the Palm Springs Desert Resort Communities Tourism Business Improvement District, 2. Appoint the Hospitality Industry and Business Council (HIBC) of the Palm Spring Desert Resort Communities Convention and Visitors Authority (CVA), a joint powers authority, as the •advisory board to the Board of Supervisors to recommend the provisions of the resolution of intention prior to the formation of the Palm Springs Desert Resort Communities Tourism Business Improvement District. �¢ 3. Direct the Cleric of the Board to transmit a certified copy of Resolution 2008-330 to the City Clerk for w `o ra each of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, a` Palm Springyand Rancho Mirage. U M 4a- Dan Martinez Deputy County Executive cer Current F.Y. Total Cost: $ 0 In Current Year Budget: No 14 FINANCIAL Current F.Y. Net County Cost: $ 0 Budget Adjustment No DATA Annual Net County Cost: $ 0 For Fiscal,Year: 2008/09 a n SOURCE OF FUNDS: NIA Positions To Be Deleted Per A-30 El Requires 4/5 Vote ❑ C,E.O. RECOMMENDATION: APPR U a. a County Executive Office Signature BY i4l a ❑ ❑ MINUTES OF THE BOARD O SUPERVISORS On motion of Supervisor Buster, seconded by Supervisor Stone and duly ❑ El��arried by unanimous vote, IT WAS ORDERED that the above matter is approved o_ recommended. .L OW '< a% Wes: Buster, Tavaglione, Stone, Wilson and Ashley LJ ±ffs: None Nancy Romero -Al-kent: None CI t e Board o late: July 1, 2008 x c, "' xc: E.O., Cities Deputy LU CL Prev. Agn. Ref.: District: Agenda Number: 000067 • Form 11 SUBJECT: Adoption of Resolution 2008-330, Requesting consent of Cities in the Coachella Valley to form a Multi -jurisdictional Tourism Business Improvement District. Page 2 of 4 BACKGROUND: On June 23, 2008, the County of Riverside received a letter (Attachment A) from the Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) requesting that the County begin the process of forming a Palm Springs Desert Resort Communities Tourism Business Improvement District (Tourism BID) in the Coachella Valley. The CVA is a Joint Powers Authority that was established to promote the hospitality industry in the member communities which includes the unincorporated area of the Coachella Valley, Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quints, Palm Desert, Palm Springs, and Rancho Mirage. It serves as a coordinating agency for sales, marketing and promotional efforts aimed at potential tourism, corporate, incentive and convention group markets. A BID is a type of assessment district that is publicly sanctioned but privately directed. The. assessment is not considered a tax under Proposition 218 because businesses are being assessed, not property. BIDs are essentially public/private partnerships where private businesses agree to assess themselves in exchange for the authority to use the funds to benefit their business. Cities and counties form these districts that collect the assessments while turning over the revenue to an association or advisory group to spend according to plan. BIDs have been used successfully in other areas by both cities and counties to support tourism and marketing efforts. Examples of multi - jurisdictional BIDs created by other California counties include those formed by Mendocino County, San Luis Obispo County, and Sonoma County. The CVA completed a thorough review and approved the multi jurisdictional Tourism BID concept with the input of their Joint Powers Authority Executive Committee (JPA), Technical Advisory Committee (TAC), and Hospitality Industry and Business Council (HIBC). The CVA also consulted with representatives from hotels of fifty rooms/units or more who also provided input and endorsed the recommendation to form a multi jurisdictional Tourism BID in the Coachella Valley. Tourism is the Coachella Valley's number one industry. Tourism provides the most jobs and contributes the greatest amount to the local tax base for that area. The Tourism BID would provide a stable source of marketing dollars that would enhance the area's ability to plan and implement marketing and sales programs. It would also provide more control to hospitality professionals on the use of funds generated from their businesses. This new source of funds would add to the marketing and sales activities and would allow for the Coachella Valley to be more competitive in the tourism market. The level of assessment being considered for the proposed Tourism 8ID is two percent (2%) of the sale of overnight room stays and would apply only to hotels and motels with fifty (60) or more sleeping rooms. There are approximately 80 hotels/motels in the Coachella Valley that fall in this category. The total annual revenue projected to be generated in the first full year is approximately $7.6 million. The revenue collected would be used to fund the following activities to promote Tourism in the Coachella Valley: 1. Marketing, advertising, and public relations; 2. Brochure development and distribution; 3. Promotion of Public events which benefit businesses in the area and which take place on or in public places within the area; 4. Activities which benefit businesses located and operating in the area, including but not limited to downtown shopping and promotional programs. Form 11 SUBJECT: Adoption of Resolution 2008-330, Requesting consent of Cities in the Coachella Valley to form a Multi jurisdictional Tourism Business Improvement District. Page 3 of 4 BACKGROUND (Continued): The current funding responsibility shouldered by local governments to pay for regional tourism marketing programs would decrease due to the formation of a Tourism BID. CVA Joint Powers Authority member jurisdictions currently pay for most of the CVA marketing efforts with a portion of their Transient Occupancy Tax (TOT) revenue. If approved, funding from the Cities and County to the CVA would decrease by seventy five percent (75%) from $4.96 million to $1.24 million beginning the second year of implementing the Tourism BID. The savings in funding could be used by the Cities/County to promote their individual marketing efforts, Funding from local governments would remain the same during the first year but would change in the second year as indicated on the chart below, Cities/County Contributions Current With Tourism BID 25% Palm Springs 1,185,622 296,406 Palm Desert 973,324 243,331 Indian Wells 937,056 234,264 Rancho Mirage 869,930 217,483 La Quinta 660,352 165,088 Cathedral City 123,000 30,750 Indio 91,020 22,755 Desert Hot Springs 77,511 19,378 Riverside County 48,824 12,206 TOTAL $4,9669639 $1,241,661 The first step in forming the Tourism BID will be for the County to approve Resolution 2008-330. This resolution formally requests consent from each of the participating cities for the County to form the Tourism BID in the Coachella Valley. Resolution 2008-330 also designates the HIBC as the advisory committee to the Board of Supervisors for the formation of the proposed Tourism BID. The HIBC is comprised of hospitality professionals from the Coachella Valley, including hotel general managers, restaurateurs, and attraction managers. There are 17 HIBC board members at any given time, including a Chair, Vice Chair, and Secretary. Its current purpose is to review and guide CVA policies, marketing initiatives, and other matters relating to the success of the CVA from the hospitality industry's perspective. The second step will be for each city to consider the request from the County. If approved, each city will adopt its own resolution granting permission for the County to include the city's jurisdiction in the Tourism BID. The County will not proceed to the next step unless all the cities identified in Resolution 2008-330 grant the necessary consent. The third step will be for the county to adopt a resolution declaring its intent to establish the Tourism BID and scheduling a public hearing. Notice of the 'intent to establish the Tourism QID and of the public hearing will be published and will be mailed to each impacted business. The proposed creation of the Tourism BID will fail if written protests are received from impacted business owners in the proposed area which will pay fifty percent (50%) or more of the assessments. 00009,10, Form 11 SUBJECT: Adoption of Resolution 2008-330, Requesting consent of Cities in the Coachella Valley to form a Multi jurisdictional Tourism Business Improvement District. Page 4 of 4 BACKGROUND (Continued): The fourth and final step will be for the county to adopt the ordinance that establishes the Tourism BID and allows for the assessments to be levied_ The target effective date of the Tourism BID ordinance is January 1, 2009_ Due to the recognized potential benefits and interest shown in forming a BID in the Coachella Valley, it is recommended that the County begin the process of forming a multi jurisdictional Tourism BID by approving the attached Resolution 2008-330. 000010 2 3 4 5 6 7 9 IO 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 Board of Supervisors RESOLUTION NO.2008-330 County of Riverside A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CALIFORNIA, REQUESTING CONSENT OF THE CITIES OF CATHEDRAL CITY. DESERT HOT SPRINGS, INDIAN WELLS. INDIO, LA QUINTA, PALM DESERT PALM SPRINGS AND RANCHO MIRAGE TO CREATE TIRE PALM SPRINGS DESERT RESORT COMMUNITIES TOURISM BUSINESS IMPROVEMENT DISTRICT AND APPOINTING AN ADVISORY BOARD TO RECOMMEND PROVISIONS OF A RESOLUTION OF INTENTION TO CREATE A BUSINESS IMPROVEMENT DISTRICT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California Legislature in adopting the Parking and Business Improvement Area Law of 1989 (Streets & Highways Code § 36500 et, seq.) authorized cities and counties to levy on businesses in order to promote economic revitalization and tourism, to create jobs, attract new businesses and prevent erosion of business districts; and WHEREAS, the Board of Supervisors of the County of Riverside desires to begin the process to form a business improvement district ("BID") to be commonly known as the Palm Springs Desert Resort Communities Tourism Business Improvement District ("Tourism BID"), the purpose of which is to promote tourism within the desert communities and to fund programs that benefit the hotel and motel businesses within desert communities; and WHEREAS, certain lodging businesses within the proposed Tourism BID have requested that the Board of Supervisors establish such a business improvement area; and WHEREAS, the territory proposed to be included in the Tourism BID lies within the boundaries and jurisdiction of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; and 07.01.08 3.17 DOOM I WHEREAS, it is the opinion of the Board of Supervisors that the hotel and motel businesses locatec 2 within the proposed Tourism BID will benefit from the activities of a business improvement district and the 3 purpose sought to be accomplished by the work can best be accomplished by a single comprehensive 4 scheme of work; and 5 6 WHEREAS, consenting cities will participate in the proposed Tourism BID by authorizing the 7 County of Riverside to collect the assessment applied to certain hotels and motels within their local g jurisdictions; 9 NOW, THEREFORE, BE 1T RESOLVED by the Board of Supervisors of the County of Riverside 10 as follows- 11 Section 1. Recitals are True and Correct. The recitals set forth herein are true and correct. 12 Section 2. Consent of Cities requested to Create Multi -Jurisdictional BID. Consent of the Cities, 13 14 through their City Council, is hereby requested to create the Palm Springs Desert Resort Communities 15 Tourism Business Improvement District, and to grant to the Board of Supervisors of the County of 16 Riverside jurisdiction in connection with creation and operation of the proposed Tourism BITS, with input 17 from the lodging businesses and participating cities. 18 Section 3. Appointment of Advisor Board prior to Adoption of Resolution of Intention. The 19 County appoints the Hospitality Industry and Business Council (HIBC) of the Palm Springs Desert Resort 20 21 Communities Convention and Visitors Authority (CVA), a joint powers authority, as the advisory board 22 pursuant to Section 36530 of the California Streets and Highways Code to recommend the provisions of the 23 resolution of intention prior to the adoption of the resolution of intention to create the Tourism BID. The 24 HIBC, which includes 17 experts from the local hospitality community, interprets the policies of the CVA 25 and advises on CVA marketing programs. 26 Section 4. Transmission of Resolution to Cities. The Clerk of the Board is hereby directed to 27 transmit a certified copy of this Resolution to the City Clerk for each of the Cities of Cathedral City, Desert 2& Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. 000012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT FURTHER .RESOLVED THAT the Board of Supervisors of the County of Riverside, California, does hereby adopt this Resolution as set ,forth herein. PASSED AND ADOPTED this 1st ATTEST: Sandi. Schlemmer, Deputy Clerk for Nancy Romero, Clerk of the Board day of July , 2008. - V-J�X� R son, Chairman Board of Supervisors of the County of Riverside FOR�PPROV AERDNi=RlY GOON�SE BY ��DTATE 0000i 3 07.01.08 3.17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA } CITY OF RIVERSIDE ) ss COUNTY OF RIVERSIDE } I, Nancy Romero, Clerk of the Board of Supervisors of the County of Riverside, hereby certify 2008- the above and foregoing Resolution No. 330 was duly and regularly passed and adopted by the said B of Supervisors at a regular meeting thereof held on the 1 day of July , 2008, by the following roll vote: AYES: Buster, Tavaglione, Stone, Wilson and Ashley NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Riverside this 1st day of July , 2008. Sandi Schlemmer, Deputy Clerk for Nancy Romero, Clerk of the Board The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth. NANCY ROMERO, Clerk of said Board By: Deputy i a00014 07.01.08 3.17 ATTACHMENT A Pa& '6p��itcgs l�neA 2'egaltg GOiJVEhI710N AND VISITORS AUTHORITY n June 23, 2008 Hon. Roy S. Wilson Supervisor, 4u' District County of Riverside 73-7-10 Fred Waring Dr., Suite 222 Palm Desert, CA 92260 Dear Supervisor Wilson: I am writing this letter to request that the County of Riverside initiate the action and process of formation for a multi jurisdictional Business Improvement District (BID) by approving the request Resolution (draft attached) that will be submitted to the cities of Palm Springs, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, Desert Hot Springs, and Cathedral City, The Palm Springs Desert Resort Communities Convention and Visitors Authority (CVA) has completed review and approval of the BID with the input of their Joint Powers Authority Executive Committee (JPA), Technical Advisory Committee (TAC), and Hospitality Industry and Business Council (H1BC). This process has led to the recommendation that the BID be formed as presented in this attached Resolution. The hotels in our Valley of fifty rooms/units or more expressed interest, provided input, and have endorsed formation of this multi -jurisdictional BID. I respectfully request that the Hospitality Industry and Business Council (HIBC) be designated as the advisory committee to the County of Riverside Board of Supervisors for the multi jurisdictional BID. Th k you for your courtesy and consideration. 6&6�� )L-Oja� Robert A. Bemheimer Chair, JPA Executive Committee cc: Dan Martinez, Deputy County Executive Officer Lee Morcus, Chair, HISS Jeff Beckelman, President and CEO, CVA Serving the Ceacrl rluarl Cemmonliles al Illaer:Ida Cnonty G41hedral City • oolwl Hol Spring. - lcdlac Wnllo • Iadlo • Li GoMta • Palo DdZeit • Palm Sprteg5 • Raacha Mirage 70-100 111ghway I I I - ttaneho wea9c. CA 97270 - T: 76o-770-1000 • TF 800-9G7-37G7 • F: 760-770-9001 • palm springsuse.tcra Washinglon, »C Setca dtlitL • 515 King Slrevl, Suite 315 • Alciaedrla, VA 22314 T; 703•549-1102v F: 793-5I9-75T9 000015 CITY AIM 0S�R 73-510 FRED WARING DRIVE �62 PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i i FAX: 760 340-0574 info@palm-desert.org N t_ o p --i July 3, 2006 YF 07 c _ c= > M Mr. Tom Freeman, Chairman �'C r co Palm Springs Desert Resorts = w Convention and Visitors Authority —J y 70-100 Highway 111 Rancho Mirage, California 92270 Dear Mr. Freeman: Subject: Request for Approval of Reinstatement of the City of Palm Desert's Membership in the Palm Springs Desert Resorts Convention and Visitors Authority (CVA) by Rescinding its Letter of Withdrawal At its regular meeting of June 22, 2006, the Palm Desert City Council considered the subject matter of business and took the following action: By Minute Motion, rescinded the City of Palm Desert's November 3, 2005, letter of withdrawal from membership in the Palm Springs Desert Resorts Convention and Visitors Authority (CVA). A copy of the staff report with City Council action stamp affixed thereto is enclosed for your records. If you have any questions or require any additional information, please do not hesitate to contact our offices. Sincerely, RACHELLE D. KLASSEN CMC CITY CLERK rd k Enclosure (as noted) cc: Carlos L. Ortega, City Manager Sheila R. Gilligan, ACM Comm. Svcs. Jeff Beckelman, President and CEO, Palm Springs Desert Resorts CVA Clerk of the Board, County of Riverside City Clerk, City of Cathedral City CD>I—Irr°- leuna f1 fj fDR-T" ol0-6 vi.. 0e- r. m«s Yo0uGNer CITY 10AA1`A-&95E- ln�V&ACity Clerk, City of Desert Hot Springs � City Clerk, City of Indian Wells City Clerk, City of Indio City Clerk, City of La Quinta City Clerk, City of Palm Springs City Clerk, City of Rancho Mirage METED Oil RECYCLED PAPER I I01 PRIM 9HINI 73-5 i o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL:760 346—o6ic FAX: 760 340-0574 info@palm-desert.org November 3, 2005 > N � Mr. Tom Freeman, Chairman " Cn o 0, Palm Springs Desert Resorts Convention and Visitors Authority 71-000 Highway 111 > 0 Rancho Mirage, California 92270 -, :t rq Dear Mr. Freeman: co .. 2 Subject: Official Notice of Intent to Withdraw At its regular meeting of October 27, 2005, the Palm Desert City Council considered the subject withdrawal from the Palm Springs Desert Resorts Convention and Visitors Authority and took the following action: By Minute Motion, authorized exercising its right, pursuant to the Joint Powers Agreement creating the Palm Springs Desert Resorts Convention and Visitors Authority, to issue its notice of intent to withdraw from the organization effective December 31, 2006. Staff was directed to so advise the CVA as well as its member agencies. Therefore, this letter shall serve as the City of Palm Desert's official Notice of Intent to Withdraw. Sincerely, Ss RACHELLE D. , KLA SEN CMC S CITY CLERK SRG:mpg cc: Jeff B. Beckelman, President & CEO, Palm Springs Desert Resorts CVA Clerk of the Board, County of Riverside City Clerk, City of Cathedral City City Clerk, City of Desert Hot Springs City Clerk, City of Indio City Clerk, City of Indian Wells City Clerk, City of La Quinta City Clerk, City of Palm Springs City Clerk, City of Rancho Mirage PRINTED ON RPM PAPER Page 1 of 1 P Kathie Hart From: Jay Thompson Sent: April 05, 2006 2:07 PM To: Kathie Hart Subject: MO 7627 Amending A2660 Joint Powers Agreement Kathie, On February 2, 2005 the City Council approved Minute Order 7627 Amending Agreement No. 2660 the Joint Powers Agreement for the Palm Springs Desert Resorts Convention and Visitors Authority. Per City Manager David Ready, due to the issues at the CVA, the cities will not be amending the agreement as contemplated in February, 2005. Please note in FastTrack that agreement is current without the amendment and place this in the file for reference. THANKS, Jay 04/05/06 MEMORANDUM TO: ALL MEMBER CITY COUNaLS FROM: GARY C. SHERWIN, Vice President Market Development DATE: JANUARY 20, 2005 SUBJECT: EXPANSION OF PARTNERSHIP BOUNDARIES As a follow-up to the JPA Executive Committee meeting of January 18, 2005, the CVA is requesting that that the following issue is placed on your City Council agenda for consideration. The following details the request to expand the boundaries of the Joint Powers Authority west of Palm Springs to include the Cabazon area, more specifically, Cabazon Outlet stores, Hadley's and Morongo Casino Resort & Spa for a three-year trial basis. ISSUE/STATEMENT The CVA was approached by the Morongo Casino Resort & Spa in the spring of 2004 about the possibility of joining the organization. The CVA previously had inquiries made by the Cabazon Outlet Factory and Hadley's as to membership since they derive much of their business from the Pahn Springs Desert Resorts. This has been suggested at least twice during the last ten years, but the JPA Executive Committee, citing competitive concerns, declined to pursue the matter. The western most part of the CVA boundaries currently extends to include the Whitewater Trout Farm, With the addition of the Morongo Casino Resort & Spa and its hotel funding formula, the CVA could potentially realize an additional $100,000 in revenue and it is estimated that the outlets and other businesses could generate another $30,000 in Industry Partnership (IP) fees. It has been suggested by many members of the hospitality community that the outlets are perceived to be a vital part of the Palm Springs Desert Resorts experience, even though they are currently outside the CVA's marketing jurisdiction. Currently, the CVA is precluded from promoting the outlets and Morongo Casino Resort & Spa. Additionally, the outlets are a prime draw for many group tour operators and Asian visitors many of whom do not currently come to the Palm Springs Desert Resorts. It is anticipated that if the boundary change takes place, the CVA can work closely with the outlet management team to develop programs that would encourage group tour operators and the Asian visitors to extend their stay to include the desert. Many Asian tour operators have indicted that they would be willing to work with the CVA in creating new destination experiences for their clients. CVA Staff Report Re: Expansion of Boundaries January 20, 2005 Page 2 After discussion with local retail leaders and hoteliers, which have indicated that the boundary extension is a positive benefit for the CVA and the local tourism industryin general, the CVA staff recommended on January 18, 2005 that the organization extend its boundaries to include the Morongo Casino Resort & Spa and the Cabazon Outlet Stores. The JPA Executive Committee approved changing the boundaries to include the "Cabazon area", more specifically the Morongo Casino Resort & Spa, Cabazon Outlet Stores and Hadley's based on a three- year agreement. This agreement would allow each party to "opt out" of the arrangement at the end of the term (December 31, 2007) if either party did not think there was sufficient benefit. At the end of the third year, if all parties are satisfied with the benefit, the CVA boundary expansion would become permanent. Since this change affects the CVA's Joint Powers Agreement, it is required that two-thirds of the active member cities approve this proposal before the change becomes effective. Attached is a diagram of the proposed expansion. (Exhibit 1) BACKGROUND/RESEARCH The Morongo Casino Resort & Spa is located outside the Coachella Valley and outside the current membership boundaries approved by the JPA Executive Committee and the Hospitality Industry and Business Council November 17, 1998. The western boundary currently stops at Whitewater Trout Farm on Whitewater Road. The Morongo Casino Resort & Spa combined with the Factory Outlets and other businesses; offer an estimated $133,500 in additional funding, generated to supplement the CVA's existing marketing efforts. From the proposed expansion, the CVA estimates by the end of 2007 it would receive the following investment for added marketing value: 1.4% of Gross Hotel Room Sales & IP Fee $100,000 Morongo Casino IP Fee $ 3,500 Outlet Mall and other Business dues . 30,000 Total 2005 funding impact $133,500 CVA Staff Report Re: Expansion of Boundaries January 20, 2005 Page 3 STAFF RECOMAI.NDATION It is staff's recommendation that your City Council review the proposed boundary change and consider the potential partnership revenue generated to benefit the marketing efforts by the CVA on behalf of the Palm Springs Desert Resorts and its member cities/County. It is further requested that your City Council authorize CVA staff to file the following amendments to the JPA Agreement to include: 1. Change of CVA building address to 70-100 Highway 111, Rancho Mirage, CA 92270 2. Expansion of membership boundaries west of the Coachella Valleyto include the "Cabazon Area". This extension would incorporate the Morongo Casino Resort and Spa, Factory Outlet Stores and Hadle�s. The new partnership boundary area to the west would include the western frontage of Fields Road. (Exhibit 2) GCS/tm Attachment 1 °-„ � e � � e. `''•� "' .e � Du ,C1 ,O �i ��`.• y I}, ll�l�ijliiT L-'' `o c � `� '�� ��—' Car �� x�= I y u �� �1������ijj��i�l `\���•},� 1 �, ■■(11� i1: l z 4 7 i s- 4 1pi r• ,�' ln'4T 0. i' u t �1 J _ � U^O0 i 5. ?ti <`ULa ;yl w Q Lud CL .i xa rip T z �'`.+ C-16 to y O ,F • C 1 Qo '" a° } O J �` z �= a }( j) a�" c to' m ti`t'�+T ].pd' Q ' = y ; _ It `t� +== •Q � GJ O � �I; °;�c x ,` ` !•i:` � y/ i, v! �+ �`y.,,y�. � R �� � \ ��qi a o C> a � r�� �- .�•�_�:� � o �� y ,°� N� C\n15ap5``_9 Cr 3 Zi TIUM1 L5^ t i �Ey O,on �•_'s_. `• "car\]] S 7 a �E •�---� {j f � o tayw,nit zO (Qj} J••. }3 .° U =�Q�e ca, M°. 4�Iki 1�3 'a0 l OPOV p I�z n w .. .7 _`ea>,' ,�;%'� ■ i3 a` _ o: a - 7r� U ll;pj'� qh • {,n%"L„u•, _ `; u�i� 040 S,y ya) u ��}• I� �J� 3 +•�f• ��_Q_ +y�lu,°,. __ d t ° e a+y J �•`Q. �' I" v`' Q �` ' y/'�� '� ••fie D r..- O c o O lllY Otl .j S1 = uU d �, u! it 2$ 1 c El it ED- z (L]Ll! J- !1 Z ,,,-•(.V' JOiQ„]I, ji2:-d �y' ••S • ��t Nn • •n. ,, 6 .;.I O/ i,1� 5, }yyyyl O 4 ti • Q y 'S7 : a 03 3•.r:;� SA?s^ ,;�� t;;;'� Sg o § �J lOJ� t s� 3 y Z -� r;o1.! ?_v•• o I• .'V ' iy° n 4:.1-3.• ..� Bat�� O:`i." ! J�6 d'..•�� •�< ° lr}'2• a Cam''"=�' G_ 3= _t_��O KwL = n•,�:=_,.�• ,~J�}F a y<- �.' <' ��a5 ' °.' t �.ti, .o �!!j �*r a �;'.' .'-r y .•-'L z °e e Cw hfi•z Z -•�_ 0 p, L'lYKJ�Rl1f _ •'•a"• '_ C T'14['M ]'•� �z C �J\,T* •�•�'J'<Wr T yC t _f•� C 2 j r ^.�' -y_ •-'�'� i• < � ham? _q,} N _ o� e� LJ MINUTE ORDER NO. r� �� APPROVING CERTAIN AMENDMENTS TO THE JOINT POWERS AUTHORITY AGREEMENT FOR THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY I HEREBY CERTIFY that this Minute Order, approving certain amendments to the Joint Powers Authority Agreement for the Palm Springs Desert Resorts Convention and Visitors Authority was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2"d day of February, 2005. James Thompson City Clerk MINUTE ORDER NO. 7627 APPROVING CERTAIN AMENDMENTS TO THE JOINT POWERS AUTHORITY AGREEMENT FOR THE EXPANSION OF PARTNERSHIP BOUNDARIES FOR THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. A02660 I HEREBY CERTIFY that this Minute Order, approving certain amendments to the Joint Powers Authority Agreement for the expansion of partnership boundaries for the Palm Springs Desert Resorts Convention and Visitors Authority, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of February, 2005. MES THOMPSON City Clerk 1 1 —M A"l l Arl / /- /N -� AU6 U 4 ZUZZ MOROBAN-02 ty C-11aLow ACME F TIFICATE OF LIABILITY INSURANCE aT7/612022 Yl f i e of the City 7/6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerOgcate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. M SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT iac°O."No, Er : (858) 505-4000 FiJC1 No): Alliant Insurance Services, Inc. P.O. Box 609015 San Diego, CA 92160 INSU S AFFORDING COVERAGE NAIL INSURER A: Hudson lnsumnce Company 25054 INSURED INSURER a : INSURER C : Morongo Band of Mission Indians dba Morongo Casino Resort & Spa 12700 Pumarra Road INSURER D INSURER E : Banning, CA 92220 INSURER F : CnVPRAnFB CFRTIFICATF NIIMRFR- REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF POLICY EXPLTR LMRS A X COMMERCULLGENERALL OUTY CLAIMS-MADEOCCUR NAA0000322 71112022 711/2024 EACH OCCURRENCE $ 10,000,000 DAMAGETORENTED s Included MED EXP (Any one non S Included X I no gen agg applies PERSONAL BADV INJURY S 10,000,000 NL AGGREQ JURMIT APPLIES PER: POLICY lul PECOT. LOC GENERAL AGGREGATE PRODUCTS-COMPIDPAGG S 10,000,000 OTHER: A AUTOMOBILELMBILITY COMBINEDSIdn_NGLELIMB S 10,000,000 BODILY INJURY Per Bison S ANY AUTO NAA0000322 71112022 71112024 Ix OWNED X SCHEDULED AUTOS ONLY AAUUpTµµOpSSWWNN��op BODILY INJURY Per dtNORV AMAGE AUTOS ONLY X AUTO.SONLV f UMBRELLA UAB OCCUR EACH OCCURRENCE f AGGREGATE S EXCESS lJ11B CLAIMS4AADE DIED I I RETENTIONS A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIIETOR,PARTNER/ ECUnVE YIN OF-1c"E In EXCLUDED? (W NN) El NIA NAA0000322 71112022 71112024 PER X OTH- LEACH ADENT S 1,000,000 E.L. pSEASE- EA EMPL YE 1,000,006 EL DISEASE - POLICY OMIT S 1,000,000 a ea.aewhbeuna DESCRIPTION OF OPERATIONS below DESCRO"TION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 1e1, Addrtlonal Remarks Uc uW, may Ica asacbea I mom a w Is ,"Wr ) Certificate holder is named as additional insured but only as respects the Palm Springs International irport Permit Coverage is considered Primary per the attached endorsement. 2012 Glaval Universal, VIN 1DFDE4FS7CFBO5008, Plate #72904111 2016 Cadillac Escalade, VIN 1GYS3GKJ3GR385990, Plate #MCRS3 2016 Mercedes Sprinter Van, VIN 88RPE8DDOGE121330, Plate #MCRS4 2017 GMC Yukon, VN 1GKSIHKJOHR152057, Plate #MCRS 2017 GMC Yukon EXP, VIN 1GKS1HKJ1HR371139, Plate #1535657 SEE ATTACHED ACORD 101 CERTIFICATE Hn1 nPR CANOFI 1 ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs ROVIS ONSCE WILL BE DELIVERED IN THE EXPIRATION DATE ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AUTHOR D REPRESENTATIVE ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HUDSON INSURANCE GROUP@ SOVEREIGN NATION ALL LINES AGGREGATE INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Assured: Policy Number: From: To: Morongo Band of Mission Indians et al NAA00003-22 07-01-2022 07-01-2024 ADDITIONAL ASSURED - PRIMARY This endorsement modfes insurance provided under the following: INSURING AGREEMENT A. — GENERAL LIABILITY This endorsement identifies person(s) or organization(s) who are "Assureds" under Coverage Part 1. This endorsement does not alter coverage provided in Coverage part 1. SCHEDULE - Name of Persons) or Organization(s): City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 RE: Palm Springs International Airport Permit Each person or organization shown in the Schedule is an "Assured" for Liability coverage, but only to the extent that person or organization qualifies as an "Assured" under General Provisions, Section A. 1.: A. ASSURED: It is agreed that the unqualified word Assured, wherever used in this Policy, includes not only the Named Assured as stated in the Declarations but also: any official, trustee, employee or volunteer of the Named Assured while acting within the scope of his duties as such, and any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of a legally binding contract or agreement to provide insurance such as is afforded by this Policy, but only in respect of operations performed by or on behaff of the Named Assured; it is further agreed that when insurance coverage is afforded by this policy for the above Additional Assured(s), it shall be primary insurance as respects any claim, loss or liability arising out of the Named Assured's operations. Authorized Representative All other Terms and Conditions remain the same (Ed. 4/13) 7/20/2022 RAYUB AGENCY CUSTOMER ID: MOR013AN-02 LOC a: ADDITIONAL REMARKS SCHEDULE Page 1 Of 1 AGENCY NAMED INSURED IIIeM Insurance $BrvICBS, Inc. Moronggo Band of Mission Indians dba Morongo Casino Resort a Sp 12700 Pumarra Road vot.icY NUMBER 'Banning, CA 92220 EE PAGE 1 CANJ ER NAIL CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Csnllicats of Liability Insurance Description of OperationslLocationsfVehicles: 2017 glaval Universal, VIN 1 FDFE4F59HDC57296, Plate #8ZAK091 2019 GMC Yukon EXP, VI 1 G KS1 H KJ4K R142557, Plate #1564010 2019 Diamond VIP 2500, VI 1 FD FE4S1 KDC47241, Plate #1478536 ACORD 101 12008/011 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i48j)/ ____ I1 MOROBAN42 ,# 'LRAY AIlb. 0 CERTIFICATE OF LIABILITY INSURANCE I °A 711912022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riohts to the certificate holder In lieu of such endorsement(sl. PRODUCER CONTACT NAME'. 411iant Insurance Services, Inc. PHHO, N p.0. Box 609015 ik , ea 6 (858 ) 505-41100 San DieOo, CA 92160 ADnIESS: INSURED Morongo Band of Mission Indians dba Morongo Casino Resort & Spa 12700 Pumarra Road Banning, CA 92220 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUER VIVID POLICY NUMBER POUCYEFF POLICY EXPO A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR NAA0000322 7/112022 71112024 EACH OCCURRENCE S 10,000,000 DAMAGE TO RENTED PREMISES (Ea accumencet f Included MED EXP are Included $ X no gen agg applies PERSONAL& ADV INJURY s 10,000.000 GEWL AGGREGATE UNIT APPLIES PER: POLICY ❑ j LOC GENERAL AGGREGATE E PRODUCTS -COMP/OPADD 10,000,000 OTHER: A AUTOMOBLE uAaII.ITY COMBINED SINGLE LIMB LOUT S 10,000,000SINGLE S 10,000,000 X BODILY INJURY Per S ANY AUTO NAA0000322 71112022 7/112024 BODILY Pa AAUpT�O�S ONLY X w�N.pgy�LNEEDp X RINTyJURY PM aPm'tlBM AMAGE AUTOS ONLY X MISS UMBRELLA LULB OCCUR EACH OCCURRENCE f AGGREGATE EXCESS LIAB CWMSAIADE DED RETENTIONS A IO WORKERS COMPENSATION ANOEMPLOYERS'LIABILRY YIN ANY PROPRIETORIPARTNERJEXECUnVIE j�;�FICER,MEM6ER EXCLUDED? ,'^^story In NNI NIA NAA0000322 71112022 71112024 PER X OTH- E.L. EACH ACCIDENT 1,000,000 5 EL DISEASE - EA EMPLOYEE S 1,000,000 n yas desoiba utde, DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks SCheduts, may be attached X more apace Is mquimt1l Certificate holder is named as additional insured but only as respects the Palm Springs International Airport Permit. Coverage is considered Primary per the attached endorsement. RECEIVED Glaval Universal, VIN 1DFDE4FS7CFBO5008, Plate #72904H1 2016 Cadillac Escalade, VIN 1GYS3GKJ3GR385990, Plate #MCRS3 2016 Mercedes Van, VIN 2017 GMC Yukon, VNter 1GKS1HKJOHR 520577,,O1330, Plat 2#MCRSIate #MCR54 AUG 0 9 2022 2017 GMC Yukon EXP, VIN 1GKS1HKJ1HR371139, Plate #1535657 SEE ATTACHED ACORD 101 Office of the City Vlprk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights re The ACORD name and logo are registered marks of ACORD HUDSON INSURANCE GROUP® SOVEREIGN NATION ALL LINES AGGREGATE INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Assured: Policy Number: From: To: Morongo Band of Mission Indians et at NAA00003-22 07-01-2022 1 07-01-2024 ADDITIONAL ASSURED • PRIMARY This endorsement modifies insurance provided under the following: INSURING AGREEMENT A. — GENERAL LIABILITY This endorsement identifies person(s) or organization(s) who are "Assureds" under Coverage Part 1. This endorsement does not alter coverage provided in Coverage part 1. SCHEDULE - Name of Person(s) or Organ ization(s): City of Palm Springs 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 RE: Palm Springs International Airport Permit Each person or organization shown in the Schedule is an "Assured" for Liability coverage, but only to the extent that person or organization qualifies as an "Assured" under General Provisions, Section A.1.: A ASSURED: It is agreed that the unqualified word Assured, wherever used in this Policy, includes not only the Named Assured as stated in the Declarations but also: any official, trustee, employee or volunteer of the Named Assured while acting within the scope of his duties as such, and any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of a legally binding contract or agreement to provide insurance such as is afforded by this Policy, but only in respect of operations performed by or on behalf of the Named Assured; it is further agreed that when insurance coverage is afforded by this policy for the above Additional Assured(s), it shall be primary insurance as respects any claim, loss or liability arising out of the Named Assured's operations. Authorized Representative All other Terms and Conditions remain the same (Ed. 4/13) 7/2012022 AGENCY CUSTOMER ID: MOROBAN-02 RAYUB LOC #: ADDITIONAL REMARKS SCHEDULE Page I of AGENCY NAMED INSURED Iliant Insurance Services Inc. Moron9go Band of Mission Indians dbe Morongo Casino Resort & Spa 12700 Pumarra Road PoucYNUMBER -Banning, CA 92220 'SEE PAGE 1 GRRIER NAM: CODE EE PAGE 1 SEE P 1 EFFECTIVE GTE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Cerdfieab of Liability Insurance Description of Operations/LocationslVehicles: 2017 glaval Universal, VIN 1FDFE4F59HDC57296, Plate #8ZAK091 2019 GMC Yukon EXP, VIN 1GKS1HKJ4KR142557, Plate #1564010 2019 Diamond VIP 2500, VIN 1 FDFE4S1 KDC47241, Plate #1478536 llt.ifkl*1;11411 The ACORD name and logo are registered marks of ACORD