HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 5.A.z
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 NO. —�N
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.
The proposed Ame
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.
02
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.
02
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 counsels
• 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.
b Amended Agreement §§ 1 (Definitions). 12 (Contributions(.
03
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 .7
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.8 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
97
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy as was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 7, 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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
09
Table of Contents
[TO BE COMPLETED UPON ADOPTION]
1�
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.
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
(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)
2
(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
(0 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
)urposes, as set forth in this Agreement, through any legal and appropriate means other than
levyine 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
(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
I
(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
11
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
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Indian Wells
44950 El Dorado
Indian Wells, CA 92210
Attention: City Manager
City of La Quinta
8495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Desert Hot Springs
11711 West Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Rancho Mirage
69-825 Highway I I I
Rancho Mirage, CA 92270
Attention: City Manager
22
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
Stan Henry, Mayor
Charles McClendon, City Manager
ATTEST:
Gary F. Howell, City Clerk
APPROVED AS TO FORM:
Charles R. Green, City Attorney
CITY OF DESERT HOT SPRINGS
Adam Sanchez Jr., Mayor
Martin Magana, City Manager
ATTEST:
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Steven B. Quintanilla, City Attorney
CITY OF INDIAN WELLS CITY OF 1NDIO
23
13
Ty Peabody, Mayor
Wade McKinney, City Manager
ATTEST:
Anna Grandys, City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Lope Ramos Watson, Mayor
Dan Martinez, City Manager
ATTEST:
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
Roxanne Diaz, City Attorney
24
14
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
COUNTY OF RIVERSIDE
Marion Ashley, Chainnan
Jay Orr, County Executive Officer
ATTEST:
Kecia Harper-Ihem, Clerk of the Board
APPROVED AS TO FORM:
Gregory P. Priamos, County Counsel
zs
16
EXHIBIT A
TERRITORIAL BOUNDARIES
17 27
} CONVENTION AND VISITORS AUTHORITY
J
PALM SPRINGS DESERT RESORTS
CONVENTION AND VISITORS AUTHORITY
JOINT POWERS AGREEMENT
1
"l
Last Amended June I S, 2002
—� Sernng the Desert Desert Ccmrnun:l:es of Riverside County
Cache Cral Cily • Desert Rol $pangs Indian Wells Indio La Oulnta Palm Desert Palm $prirgs Rancho Mirage
W[sOlog Un. DC Sales Office 515 Ring Street, Suile 315 Alexandria, VA 22314 • 7 703-549-6026 Fr 703.515-7575
.. .. .... .. ........ ...... ... ...... .... .. .. ._. ...... ..... .. _.... .....
__...........
28
3 JOINT POWERS AUTHORITY
q CREATING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS
s
AUTHCRITY
6
7 Acting pursuant to Article I, Chapter 5, Division 7, Title I of the California Government Code
s (Section 6500 et seq.), the parties signatory to this agreement, as listed in Appendix A attached
5 hereto, hereby join together and agree as follows:
IO
ARTICLE I
tz
13 ! Active Member. A member organization as defined below.
a Associate Member. Associate Members shall be a non -governmental entity whose business and
s activities are related to the convet_tion or tourism industry, for the purposes of this agreement, but
16 j whose place of business is not within the boundaries of a governmental agency which is eligible
17 ' to become a member or au inactive member of the Authority.
is Executive Committee. The governing body of the Pahu Springs Desert Resorts Convention and
q Visitors Authority fanned pursuant to Article VIII of this Joint Powers Agreement.
20 I Calendar Year. The Calendar year for the Palm Springs Desert Resorts Convention and Visitors
21 „Authority shall commence January I of every year and end December 31 of the same year,
22 I� Fundine Fonnula. A meC7od of computing revenues to be paid to the Authority by member
23 ' organizations based on gross hotel room sales generated, as stated in Article X!, and as illustrated
a 'c in Exhibit A. The definition of a "Convention Meeting Hotel" is contained in Exhibit B.
23 Hospitality indastry and Business Council. An advisory -body comprised of 17 private or
R i
I
29
i associate members appointed by the Executive Committee
_ Inactive Member. A member organization, which has given notice of withdrawal pursuant to
Article XIH of this agreement and thereafter is not eligible for continued representation on the
a Executive Committee.
s Member Oreanization. A city in the Coachella Valley or Riverside County Government, which
6 has signed the Joint Powers Agreement, has made the prescribed contribution to the Authority
I
7 and has not given notice of withdrawal all references to "member" (unless otherwise modified),
g "active member" or "active city member" shall mean a member organization.
9 I'I Private Member. A private member shall be a non -governmental entity whose place of business
:c. is within the jurisdiction of an active governmental member organization and whose business and
i i activities are directly related to the convention or touism industry and the purposes of this
IZ I agreement.
13 Technical Advisory Committee. A committee comprised of one city manager/administrator from
14 each member organization, with the function of advising on all matters, which come before the
15 Executive Committee.
rG ARTICLE E
n PURPOSE
is This Agreement is entered into the by the public member organizations, as parties hereto, to
19 jointly encourage, promote, and to do such other things as. might be necessary to enhance, to the
zu greatest extent possible, all aspects of the hospitality, convention and tourism industry in the
ai Coachella Valley and to attract visitors to the area from a world-wide market, all to the benefit of
za the member organizations and their citizens.
23
,4
2
30
ARTICLE III
PARTIES TO AGREEMENT
3 Each member organization, as a party to this Agreement, hereby agrees and contracts with each
4 and every other member organization as parties to this Agreement, together with such other
5 organizations as may hereafter be added as parties to this agreement, to abide by the terms of this
G agreement as hereinafter set fo-Lh. Each member orgatization also agrees that witadrawai of any
7 party from this Agreement shall not affect this Agreement as to those member organizations then
8 rc3naimng.
9 ARTICLE IV
10 TERM
1 This Agreement shall become effective February 1, 1989, or as soon thereafter as it is approved
;2 and executed by three or nrore member organizations, and shall continue to full force and effect
t3 until terminated as herein provided.
�J q
is ARTICLE V
tG CREATION OF CONVENTION AND VISITORS AUTHORITY
17 In order to most effectively achieve the purposes and goals of this Agreement, there is hereby
is created a public entity, separate and apart from the parties hereto, to be known as the Palm
19 Springs Descrt Resorts Convention and Visitors Authority.
20
2t ARTICLE VI
22 1 POWERS OF THE AUTHORITY
23 The Authority shall have all of the powers common to its mernber organizations and is
24 authorized, in its own name, to make and enter contracts, to employ agents and employees, to
hlas acquire, construct, manage, maintain or operate any buildin„ works or improvemcuts, to acquire,
3
31
I hold, or dispose of property, and to incur debts, liabilities, or obligations. The Authority shall
2 have lice power to sue and be sued in its own name. The Authority may receive and use
3 contributions and advances from member organizations pursuant to Govenunent Code Section
4 6504, including contributions or advances of personnel, equipment, or property. It may invest
5 ary money in its treasury, not required for its immediate necessities, pursuant to Goverrunent
e Code Section 6509.5. The Authority may do such other things as are neccssary to carry out the
7 purposes and achieve the objectives of this Agreement. These powers shall be exercised by the
s Authority pursuant to the terms hereof and as provided by law.
5
ID
ARTICLE VII
1 i OBLIGATIONS OF THE AUTHORITY
12 The debts, liabilities, and obligations of the Authority shall be the sole responsibility of the
13 Authority and shall not become the debts, liabilities, or obligations of the member organizations
i l
J 14 or any one of them except that a member organization may separately contract for, or assume
15 responsibility for specific debts, liabilities, or obligations of the Authority.
ARTICLE VIII
EXECUTIVE COMMI 1"I EE
9 The Authority shall be governed by an Executive Committee comprised of elected officials from
2c each active public member organization. Each member orgatuzation shall appoint a member of
21 its goverrinng body as member of the Executive Committee, and a second member of its
22 govenurg body as an alternate member of the Executive Conunittee. The County of Riverside
23 may appoint a Counry Senior Staff member with full voting rights as the alternate mcraber of the
24 Executive connnittee. Each member of the Committee shall serve at the pleasure of the
25 appointing member organization. When a committee member or alternate committee member is
4
32
no longer a member of the governing body of the appointing organization, membership on the
2 Executive Committee shall automatically terminate. Any vacancy on the Executive Committee
3 shall be promptly filled by the appointing member organization.
ARTICLE IX
5 POWERS AND DUTIES OF EXECUTIVE CO1vLETTEE
e The Executive Committee shall exercise all the powers and conduct all the business of the
7 Authority, either directly or by delegation of authority, as the Executive Committee deems
s appronriate. The Executive Conu ittee shall adopt bylaws to provide for the organization and
q adnrinistration of the Authority. The bylaws shall be adopted by a majority vote of all the
10 members of the Executive Committee and may thereafter be amended in like manner,'exccpt as
more restrictive requirements may appear in said bylaws. The Executive Committee shall
12 approve and adopt a budget for the Authority by November 30th of each year for the Calendar
13 year beginning January 1 st of each year. The Executive Committee shall appoint a Hospitality
—� a Industry and Business Council comprised of 17 private and associate members for three year
15 staggered terms.
16 The Executive Committee shall be advised on all matters by a Technical Advisory Committee
17 comprised of one city manage0admirustrator from each member organization. The Executive
1 s Committee shall hire a President who shall be a professional manager to organize all affairs of
19 the Authority. The Executive Conintittee may create such other committees, as it deems
20 i necessary to achieve the purposes and intent of this Agreement as required by law.
21
22
ARTICLE X
23 - DESIGNATION OF TREASURER AND AUDITOR
24 :lie Executive Committee shall designate a Treasure: and one or more Deputy Treasurers. The
25 Office of Treasurer may be held by President.
5
33
The Treasurer shall:
2 1. Receive and receipt for, all money of the Authority and place it in the treasury of the
3 Authority;
4 2. Be responsible, upon his official bond, for the safekeeping and disbursement of all Authority
5 money so held by him;
6 3. Pay, when due, out of money of the Authority so held by hire, all sums due from the
7 Authority, or any portion thereof; submit Warrant Registers to .Auditor for review and
a approval prior to submittal to Executive Cormittee; submit to auditor payroll registers for
g monthly review;
a 4. On a montlily basis, verify and report, in wiring to the Executive Committee, the amount of
money he holds for the Authority, the amount of receipts since his last report and the amount
12 paid out since his last report;
13 5. Pursuant to Government code 53646, the Treasure: shall submit monthly and annual reports to
i� 4 the Executive Committee. The Treasurer shall invest idle funds to conform to the provisions
15 of Government Code 53651;
16 6. Develop and submit for Executive Committee approval, annually, investment policies
it governing the management of the Authority's idle funds.
to 7. Develop and adhere to Policy and Procedures Manual as approved by Auditor and Executive
19 Committee;
zc
yt The Treasurer and such other persons who shall have charge of, handle, or have access to any
22 property of the Authority shall file an official bond in an amount to be determined by the
23 Executive Committee and sufficient to secure the assets of the Authority.
24
}zs At the close of each Calenda: year, the Treasurer shall e6ntract with a Certified Public
G
34
I Accountant or Public Accountant to make an annual audit of the accounts and records the
11 I
Authority. The minimum requirements of such audits shall be those prescribed by the State
3 Controller for special districts under Section 26909 of the Government Code and shall conform,
I to generally accepted auditing standards. A report of such audit shall be Bled as a public record
5 with each ineniner organization and with the County Auditor for the County of Riverside. Such
report shall be fired within six months of the end of the Calendar year under examination. The
9 cost of such audit sliall be borne by the Authority.
s
9 !All funds of the Authority sha:l be strictly accounted. A member organization may request a
10 1 report of all receipts and disbursements at any time.
11
1z The Executive Committee shall designate appropriate officers of one of its member organizations
13 to be the Auditor.
lJ !
15 j The Auditor shall:
16 1. Review and recommend to Executive Committee accounting procedures and policies
17 governing the Joint Powers Authority;
1s 2. Review and approve all demands listed on the Warrant Registers prior to submittal to
19 : Executive Committee; Review payroll registers monthly;
20 13. Review all the financial reports being submitted to Executive Committee and make Executive
21 Committee aware of any discrepancies or potential problems irr the reports;
a2 4.ReviewinveshnentsmadebyPresident;orTreasurer;
23 f. Review audit report prepared by Certified Public Accounting firm prior to finalization of
24 ! report and submittal to Executive Committee;
2s ! 6. Assist staff in selection of Certified Public Accounting firm;
�6 it
7
35
it
2
ARTICLE XI
CONTRIBUTIONS
3 Each meniber organization shall pay into the treasury of the Authority, the scm of $2,500, or ifit
a is greater, a sum determined according to a formula determined by the Executive Committee-
s Such formula shall be reviewed annually and adopted in accordance with Article XVI. The
6 initial formula determined by the Executive Committee is set forth in Exhibit C.
6
e ARTICLE XII
9 PRIVATE MFMBERSHIP AND ASSOCIATE MEMBERSHIP
io 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
12 such member. There is hereby established a class of membership designated "Associate
_ 13 Member'. Any business entity that promotes visitors out of the member city jurisdictic n can not
.a be an "Associate Member". This includes lodging providers, attractions, restaurants and retail
Is establishments. The rights, duties and obligations of Private Members and Associate Members
16 shall be provided in the bylaws.
E
is ARTICLE XIII
19 WITHDRAWAL OF MEMBER ORGANI7.AT:ON
20 A member organization may withdraw from participation in this Joint Powers Agreement sub;cct
21 to the foaewing conditions:
22 1. The effective date of withdrawal shall always be t;te last day of a Calendar Year;
23 2. Current annual contribution to the Authority must be paid in full;
,4 3. Annual contribution for the next following calendar year must be paid in the usual manner for
25 such payment. If an "Active Public Member' witlidr5Ws during the 1995-1996 fiscal year,
).6
s
36
-.� prior to June 1, 1996, :he annual contribution for the next following fiscal year must be paid in
2 the usual manner for such payments.
3 4. Notice of withdrawal must be given not :ess than thirteen months prior to the effective date of
4 withdrawal. For example, notice must be given prior to January 1 to effect withdrawal at the
5 end of the next following Calendar Year. Notice given between January 1 and December 31
6 shall be effective at the end of the second following calendar year.
7 5. After giving. notice of withdrawal, a withdrawing member shall not have voting privileges on
g the Executive Committee except for operating budget items during the next thirteen months.
s 6. A withdrawing member organization may again become a participating member of this Joint
10 Powers Agreement on condition that it pay to the treasury of the Authority an amount equal to
11 all contributions which the member organization would have paid if it had not withdrawn
12 from participation. Private members may remain active members as long as the government
13 entity is a member and during the period of withdrawal from the Joint Powers Agreement.
\ 14
15 ARTICLE XIV
15 APPROVAL OF NEW MEMBER ORGANIZATION
17 A new member or gauization must be approved by vote of two-thirds of the entire membership of
1s the Executive Committee and subsequent ratification by the governing bodies of two-thirds of the
la member organizations, provided that a Resolution out:ining the jurisdiction, initial contribution
20 and continuing contribution be approved by both the applicant and two-thirds of the Executive
21 Convnittee.
22 APPROVAL OF "INACTIVE MEMBER" ORGAN71ZATION
23 The City of Desert Hot Springs, as an inactive member organization since July 1, 1992, must be
24 I approved by unanimous vote of the entire membership of the Executive Committee and
\J 25 subsequent unanmous ratification by the governing bodies of the member organization, provided
•J :6
37
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 cor.tribution be approved by both the applicant and by a unanimous
4 vote of the Executive Contntittee This provision will ONLY be extended to the City of Desert
5 Ilot Sprnigs fo_ a "oae-time-only" request Torre -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.
s ARTICLE XV
9 CONTRACT SERVICES
to Nothing in this Agreement shall be deemed to prohibit a member organize..ion from expending
t i additional efforts and resources or contracting with the Authority or other entities for additional
12 services and benefits similar to those realized from participation in this Agreement. The
j 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
tG where legal assistance and/or counsel is necessary.
17
Is ARTICLE XVI
19 AMENDMENTS TO JOINT POWERS AGREEMENT
20 This Joint Powers Agreement may not be amended except by a vote of two-thirds of the entiro
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 amount
23 of member contributions, as stated in Aiticle XI, shall require the unanimous vote ofthe entire
24 active membership of the Executive Con-imittee and subsequent ratification by the governing
25 bodies of all active member organizations.
10
38
ARTICLE XVII
3 TERIvffNATION AND DISTRIBUTION OF ASSETS
a Thus Agreement may be terminated at any time upon election to terminate by the gcve ming
s bodies of not less than three -fourths of the member organizations, provided, however, that this
e Agreement and the Authority shall continue to exist after such termination for the purpose of
7 disposing of all claims, distributing all assets, and performing all other acts necessary to conclude
si the affairs of the Authority.
9
10 Upon termination, all assets of the Authority shall be distributed anion.- the member
I I organizations in proportion to their contribution during the term of this Agreement with an offset
12 for any monies owed to the Authority.
�13
ARTICLE XVIII
Is • FILING WITH SECRETARY OF STATE
16 Notice of this Agreement, or any amendments to it, shall be filed with the Office of the
17 j Califontia Secretary of State within thirty days of its effective date pursuant to Government
is 1 Codes Section 6503.5.
19
22
23
A
\f25
11
39
Exhibit A
1989-1990
PROPOSED FUNDING FOR'vI1JI.A
3
CALENDAR 1989
Projected FlsoalYear 1989-1990
5
CITY
Gross Sakes
X .55%
6
Desert Hot Springs
Not a member at this time
7
Cathedral City
S10,242,000
$56,331
8
Indian Wells
15,214,182
83,678
9
Indio
3,910,000
21,505
to
La Quinta
15,788,909
86,839
I I
Palm Desert
59,403,090
326,717
12
Palm Springs
70,193,455
386,054
13
Rancho Mirage
27,598,000
151,789
\)
15
TOTAL S202,349,636
S1,112,923
1E
17
:s
19
^.0
zt Note: P_oj uctiun from City Finance Departments
22
23
24
EXHIBIT A
21
41
i
i
1 I
1990-1991
2 I
PROPOSED FUNDING FORMULA
3 '
CALENDAR 1990
4
Projected Fiscal
Year1990-1991
5 i
CITY
Gross Sales
X .6%
6
Desert Hot Springs
$4,625,000
$27,750
7
(Desert Hot Springs joined
7/6./90)
Is
Cathedral City
10,555,556
63,333
9
L-idian Wells
19,195,514
115,173
10 113idio
5,900,000
35,400
i i
La Quuita
21,000,000
126,000
12 -
Palm Desert
46,250,000
277,500
13
Pahn Springs
74,444,444
446,667
4
Rancho Mirage
27,777,778
166,667
Is
16
TOTAI, $209,748,292
$1,258,490
nI
I
1B
15
20 1
2t
22 Note: Projection from City Finance Departments
23
24 EMIBIT A -I
25
42
2
a
4
CITY
6
Desert Hot Springs
7
Cathecral City
s
Indian Wells
9
Indio
10
La Quinta
n
Palm Desert
t2
Palm Springs
JjJ4
Rancho Mi.tge
15
16
1991-1992
PROPOSED FUNDING FORMULA
CALENDAR 1991
Projected
Fiscal Year 1991-1992
Gross Salus
X .60/c
$3,439,000
$20,634
9,895,000
59,370
29,666,667
I 78,000
5,500,000
33,000
22,166,667
133,000
52,000,000
312,000
87,000,000
522,000
27,777,833
166,667
TOTAI, $237,445:167
17 1
i8
19 d
20
21 Note: Projection from City Finance Departments
22
23
_4
25
JJII 6
$1,424,671
EXHIBIT A-2
23
43
I
1992-1993
2
PROPOSED FUNDING FORMULA
3
Calendar 1992
4
Projected
FY 1992-93
FY 1992-93
5
CITY
Gross Sales
X .G%
X 1.4%
TOTAL
6
Desert Hot Springs
$3,687,926
S22,128
-0-
S22,128
7
Cathedral City
10,998,141
31,075
80,066
111,141
$
Indian Wells
28,050,000
-0-
392,700
392,700
9
Indio
6,330,740
37,984
-0-
37,984
10
La Quince
19,337,845
-0-
270,730
270,730
u
Palm Desert
53,264,338
66,560
590,394
656,954
12
PalnSprings
72,062,921
195,738
552,158
747,896
_
13
Rancho Mirage
32,000,000
26,880
385;280
412,160
D
4
15
TOTAL
S225,631,911
S380,365
$2,271,328
$2,651,693
16
17
is
20 Note: Sources: City Finance Departments
21 I991 Year-end Gross Sales; City of Indian Wells Projection - Down Trend
22 City of Rancho Mirage - Westin Mission Hills
EXHIBIT A-3
24
m
1993-1994
2
i
PROPOSED
FUNDING FORMULA
3
I
Fiscal Year
4
Actual
FY 1993-94
FY 1993-94
' CITY
Gross Sales
X-_6%
X 1 4%
TOTAL
6
Desert Hot Springs
Inactive member
7
Cathedral City
59,185,163
526,292
567,244
$93,536
s
Indian Wells
29,352,553
3,911
401,810
405,721
q
Indio
5,437,041
32,622
-0-
32,622
10
_ La Quin:a
20,404,525
11,502
258,826
270,328
1t
:Palm Desert
53,128,056
60,896
601,701
662,597
12
i
i'Pahn Springs
68,964,:93
170,366
567,978
738,344
13
14
I Rancho Mirage
37,454,580
10,385
500033
510,518
u
'TOTAL
$223,926,111
$315,974
$2,397,692
$2,713,666
16
17
18
19
20
21 Note: Sources: City Finance Departrnents
1
22
23
,4
25
EXHIBIT A-4
25
45
I
2
3
I-
a•.
5
i CITY
G.
Desert Hot Springs
7
I Cathedral City
e
; Indian Wells
9
' indio
a
1 La Quinta
Palm Desert
12
i
"Palm Springs
`� 13
Rancho -Mirage
a
1994-1995
PROPOSED FUNDRgG FORMULA
Fiscal Year
Actual FY 1994-95 FY 1994-95
Gross Sales X .60/0 X 1.4%
$9,500,000
27,777,778
5,250,000
19,482,273
48,D42,432
68,100,439
36,000,000
Inactive member
$25,200
3,333
31,500
10,830
60,480
191,700
9,072
15 TOTAL S214,152,921
I
IG
17
18
19
I
20
21 lNote: Sources: City Finance Departments
22
23
24
i
75
G
$332,115
$74,200
381,111
-0-
247,482
531,474
506,106
482;832
$2,223,205
TOTAL
$99,400
394,444
31:500
258,312
591,954
697,906
491,904
S2,555,320
EXHIB IT A-5
26
M
1
1995-I996
2
PROPOSED FUNDLNG FORMULA
3
Fiscal Year
4
Projected
FY 1995-96
FY 1995-96
5
CITY
Gross Sales
X .6%
X 1.4%
TOTAL
G
Cathedral City
S9,300,000
$25,800
$70,000
S95,800
7
Desert lint Springs
4,950,833
29,705
-0-
29,705
8
(Re -joined the Authority 7/l/95)
9
Indian Wells
30,910,786
3,243
423,784
427,027
10
Indio
5,410,000
32,460
-0-
32,460
11
La Quinta
21,366,357
12,180
270,709
282,889
12
Palm Desert
50,555,571
60,000
567,778
627,778
Pahn Springs
76,444,429
192,000
622;222
814,222
113
4
RanchoM:rage
37,166,667
10,000
497,000
507,000
15
16
TOTAL
$236,004,643
$365,388
$2,451,493
$2,816,881
l7
Riverside County (annual
contribution)
-D-
-0-
31,500
is
TOTAL
$2,348,381
20
21
22 Note: Sources: City FinanceDepartrnents
23
24
2; EXHIBIT A-6
27
47
1
1995
}
2
ACTUAL FUNDING FORMULA
3
4
Actual
1995
1995
CITY
Gross Sales
X .6%
X 1,4%
TOTAL
5
6
Cathedral City
$8,480,124
$19,027
$74,325
$93,352
7
Desert Hot Springs
2,158,960
12,954
12,954
s
Indian Wells
33,905,975
4,569
464,023
468,592
9
Indio
6,345,485
38,073
38,073
yo
LaQuinta
23,270,753
13,135
295,143
308,277
a
Palm Desert
52,750,567
80,946
549,634
630,580
12
Palm Springs
74,792,529
178,270
631,131
809,402
y3
� Rancho Mirage
40,212,860
9,897
535,887
549,784
s
TOTAL
$705,350,612
$356,871
$2,554,143
$2,911,014
16
Riverside County (annual contribution)
-0-
-0-
31,500
17
TOTAL
$2,942,514
is
19
20
21
Note: Sources: City Finance
Departments
22
I,
I!
23
24
EXHIBIT A-7
!
11-5
28
48
1
I
1996
2
ACTUAL FUNDING FORMULA
3
I
4
Actual
1996
1996
5
! CITY
Gross Sales
X .6%
X 1.4%
TOTAL
6
Cathedral City
S8,038,544
519,754
$66,448
586,202
7
DeseaHot Springs
5,117,831
30,707
15,149
45,856
8
_ Indian Wells
37,189,611
4,696
509,697
514,393
9
Indio
6,349,063
38,094
38,094
10
La Quinta
25,999,636
15,625
327,522
343,147
11
I Palm Desert
56,188,100
85,750
586,550
672,300
12
.'Palm Springs
80,570,513
205,050
649,538
854,588
13
Rancho Mirage
43,740,480
10,619
587;589
598,208
�.
i
s
i TOTAL
$263,192,778
$410,295
$2,742,493
53,152,788
16
Riverside County (annual contribution)
-0-
-0-
31,500
17
I
TOTAL
S3,184,288
18
19
I
20
,
21
Note: Sources: City Finance Departments
22
24
EXHIBIT A-8
25
29
49
1
i
1997
2
FUNDING
FORMULA
3
4
i
Actual Grass
1997
1997
5
CITY
Hotel Sales
X .6%
X 1.4%
G
Cathedral City
$8,106,256
S21,778
$62,672
7
iDcsertHo. Springs
S5,181,743
S31,090
0
s
I
I1Indian Wells
S39,160,033
$5,255
$535,980
9
Indio
S6,750,742
$40,504
0
10
ilLaQuinta
$28,776,060
S17,937
$361,013
II
Palm Desert
$60,082,623
$98,834
$610,543
12
Palm Springs
S90,436,119
$228,489
$732,967
13
D
Rancho Mirage
S46,479,736
S11,623
$623,597
;4
15
TOTAL
S284,973,312
S455,509
$2,926,772
16
Riverside County Annual Contribution
17
TOTAL
Is
'
19
20
I
21
22
23
Note Sources: City Finance.Depattments
24
25
J6
TOTAL,
$84,450
S31,090
$541,235
$40,504
$378,950
S709,377
$961,455
$635,220
$3,382,281
S33,000
$3,415,281
EXHIBIT A-9
30
50
3
4
5i
i
6
I: CITY
7
Cathedral City
8
j Desert Hot Springs
I
9
Indian Wells
10
I
lnuia
La Quinta
12
Palm Desert
�13
1
i
Palm Springs
J a
Rancho Mirage
1998
FUNDING FORMULA
Actual Gross
Hotel Sales
$9,665,707
S6,263,382
$44,368,886
$7,428,589
$30,850,080
$69,507,942
$96,461,293
$48,505,884
15
16 TOTAL. $313,051,763
n Riverside County Annual Contribution
1s "
l9
20 1
21
I
22 'Note: Sources: City Finance Departments
23
24
25
-� 5
1999
X .6%
S24,03 7
$31,088
$4,096
$44,572
$20,916
$113,712
$249,076
$11,432
1998
X 1.4%
$79,233
S 15,149
$611,606
0
$383,097
$707,?84
$769,280
$652,408
$498,929 $3,218,557
TOTAL
TOTAL
$103,270
$46,237
S615,702
$44,572
$404,013
$821,496
$1,018,356
S653,840
S3,717,486
$34,729
$3,752,215
EXHIBIT A-10
31
51
2
1999
FU I)INGFORMULA
4
15
1
Actual Gross
1999
1999
5
i
CITY
Hote: Sales
X .6%
X 1.4%
TOTAL
7
Cathedral City
$11,398,820
526,852
$96,929
S123,781
B
Desert Hot Springs
7,216,613
31,968
26,440
58,408
9
Indian Wells
46,815,903
1,578
651,741
653,319
10
:Indio
8,802,462
52,815
-0-
52,815
11
La Quinta
33,843,166
22,453
421,414
443,967
12
Palm Desert
84,470,536
149,718
833,245
982,963
(Palm
13
Springs
107,415,950
281,640
846;662
1,128,303
14
Rancho Mirage
50,795,509
12,914
681,004
693,918
15
16
TOTAL
$350,758,958
$579,939
$3,557,435
$4,137,374
17
Riverside County Annual Contribution
$36,465
16
TOTAL
$4,173,839
19
20
21
Note Source: City Finance Departments
22
23
EXH1BiT A-1 I
24
l25
32
52
,--) 1
7
2000
3
FUNDING FORMULA
4
5
Actual Cross
2000
2000
6
CITY
Hotel Sales
X .6%
X i.4%
TOTAL
7
Cathedral City
$10,744,357
$25,059
$91,950
$117,009
s
Desert Hat Springs
8,055,190
35,318
30,364
65,682
q
h-tdian Welis
47,719,310
1,627
664,274
665,901
to
(Indio
9,575,833
57,455
57,455
3 i
La Quinta
39,485,905
26,456
491,072
517,528
12
Palm Desert
81,315,714
133,860
826,080
959,940
13
Pa-n Springs
114,261,929
296,862
906,989
1,203,851
i
-� .4
Rancho Mirage
54,025,119
15,764
719,569
735,333
16
TOTAL
$365,193,357
$592,401
$3,730,298
54,322,699
n
Riverside County Annual Contrihution
$38,283
a
TOTAL
54,360,987
l9
29
2)
22
Dote Source: City Finance
Departments
23
24
EXH03IT A-12
6
33
53
/ 2
2001
FUNTDTD3G FORMULA
`I
i,
Actual Gross
2001
2001
c
CITY
Hotel Sales
X .6%
X 1.4%
TOTAL
7
Cathed:alCity
$10,959,099
$30,412
$82,466
$:12,878
s
i Deser: Hot Springs
8,353,548
35,804
33,407
69,211
9
iIndian Wells
42,054,842
1,416
585,465
586,880
10
i Indio
9,584,977
57,510
57,510
11
La Q,,tin:a
37,049,684
24,192
462,248
496,440
12
Palm Desert
79,878,327
131,193
812,190
943,373
16
Palm Springs
108,735,173
288,350
849;476
1,137,826
is
s
Rancho Mirage
52,613,806
19,196
691,802
710,998
15
i
-
16
TOTAL
i
$349,229,456
5588,072
$3,517,044
$4,105,116
17
i Riverside County Annual Contribution
$40,202
is
'
TOTAL
$4,145,318
19
20
21
22
Note Source: City Finance
Departments
=3
24
EMIMIT A-13
,5
: r
34
54
2002
2
FUNDING FORMULA
3
4
Actual Gross
2002
2002
CITY
Hotel Sales
X .6%
X 3.4%
TOTAL
Cathed-al City
S11,545,062
$32,309
$86,242
5118,552
7
i
Desert Hot Springs
7,561,030
31,159
33,150
64,309
s
Indian Weals
33,163,232
1,263
461,339
462,602
9
Indio
10:409,432
62,457
62,457
to
j La Quints
37,800,640
25,290
470,199
493,489
Palm Desert
77,816,218
129,279
787,776
917,055
12
Palm Springs
105,988,438
294,318
820,430
I,104,148
Jj 4
Rancho Mirage
51,186,622
24,609
659,192
-
683,S01
15
TOTAL
$335,470,674
$590,683
$3,318,329
$3,909,012
16
Riverside County Annual Contribution
$42,216
17
TOTAL
S3,951,228
!s
19
20
21
Note Source: City Finance Departments - unaudited
22
23
EXHIBIT A-14
14
25
JS
55
\ 1
}
2003
2
FU\TDING FORMULA
3,
4
Actual Gross
2003
2003
5
CITY
Hotel Sales
X .6%
X 1.4%
TOTAL
6
- Cathedral City
$12,143,364
$33,972
$90,738
5124,711
7
Desert Hot Springs
7,546,972
30,979
33,373
64,352
6
hidian Wells
43,456,199
895
606,296
607,192
9
Indio
10,512,604
63,076
63,076
10
i a Quinta
36,827,119
25,750
455,497
481,247
11
Palm Desert
80,331,558
171,511
724,450
895,961
12
i Palm Springs
101,454,735
302,475
714,591
1,017,066
13
Rancho Mirage
51,044,067
21,820
663;712
685,532
15
TOTAL
5343,317,078
5650,477
$3,288,659
$3,939,136
16
Riverside Courty Annual Contribution
$44,323
n
TOTAL
$3,983,459
is
t9
20
21
Note Source: City Finance
Departments
- unaudited
22
23
EXHIBIT A-15
24
3b
56
r
l I CONTRIBUTIONS
1 2 The formula shall be eaua] 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 (.8%) of the taxable gross hotel room
4 rentals of Convention Meeting Hotels-, provided, that if a member city prior to June 1, 1993, shall
s give notice of withdrawal 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
ll
12
13
4
15
16
17
18
19
20
21 Footnote: Provided that any changes to the foregoing Exhibit conform with Article XVI of the
22 JPA Agreement.
23
24
25
EXHIBIT C
39
57
Exhibit B
T
I D} F=ONS
2 "Convention Meeting Hotel". A Convention Meeting otel as defined in this agreement shall
3 have the same meaning as "Group Meeting Hotel" to wit":
L
d' A hotel meeting the following criteria:
s A) A mininmm of 125 rooms,
G B) Meeting space for 125 people, and
7 C) Has personnel specifically employed, other than the general manager or director, whose
g 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
o category of Convention Meeting Hotel upon a snowing that such hotel does or does not receive
services from the Authority.
12
J13
4
IS
IG
17
1S
19
20 Footnote: ?rovided that any changes to the foregoing Exhibit conform with Article XVI of the
21 7PA Agreement,
22
21
24
25 EXHIBIT B
M
59
Exhibit C
60
n-
M N O
It��w ��rvaYe t'?i` I Plon[•nownl%W"'-•„, ]( ��
1PAS
µfill Valle
rav+Y
iAuautunvIIL /A
r
aw.a cwr. f 1 31Iy iw.ur [ vlmei 4 AEYE1 w 3f 3 I
rAm1 BY i IroNw.r nruua VM„y Map of
losnua Iull.n o enl nine +•
Treer��••- °••• y „�M °D;uY62 DESERT RECREATION
�r •� a ' S""'-`[ rFeaturing Medal and Recreation Rose.
lo Places ci Community "Touristic lntarnu
A._ A A.Mw T --�1
HN w I.�'w"'^r �'.'4 MayA( 6.Y• 1 ��'LO 11' SCALE C ) ) . 4 _ _ p _ J MILES
'Ice A
1✓I
Copyright O 1919 by Sullivan Publications Inc.
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North i
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SPdng1 SqN
t Sxy
V[II•yIs
no '
Nblg
1..
B ryl..ur' ..2
. ,.Hr." tux OImS
1..}.c,,.• . .rt.sw-V-A
pcwroj nr[ :pdn95 Iw• �' � 3'
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