HomeMy WebLinkAboutPS Desert Resort CVB Joint Powers Agt INTEROFFICE MEMORANDUM O �7
City of Palm Desert (.�'/ T"
t
DATE: May 31, 1995
TO: Mayor and Members of the City Council
FROM: Paul S. Gibson, Director of Finance
SUBJECT: Change in the Palm Springs Desert Resort CVB Joint Powers
Agreement.
RECOMMENDATION:
By minute motion approve the change in the Joint Powers
Agreement with the Palm Springs Desert Resort Convention and
Visitors Bureau.
BACKGROUND:
At the May 16, 1995 meeting of the Palm Springs Desert Resort
CVB the executive committee unanimously approved to allow the
County of Riverside to have a substitute member in place of Roy
Wilson due to the Board of Supervisors meeting conflict. The
attach memo has a copy of the change in the agreement. The
following verbiage was added to the Joint Powers Agreement Article
VIII, Executive Committee, Page 5, Line 25 :
"The County of Riverside may appoint a County Senior Staff
member with full voting rights as the alternate member of the
Executive Committee . " . . . .
Staff recommends approval of this change in the agreement .
Paul S . Gibson Reviewed and Concur
Finance Director City Manager
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED OTHER --------
MEETIN DATE
AYES:
NOES: �ti��
ABSENT• �,��
ABSTAIN: �
VERIFIED BY:
Original on File wi n City Clerk's Office
47,
•
PALM SPRINGS PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS BUREAU
DESERT RESORTS
T!c Y -Re4.►,1 r,,7,z
JOINT POWERS AGREEMENT
Cathedral City-
Indian Wells
Indio
L1 Quinta
Palm Desert
Palm Springs
Rancho Mirage
Proposed Revision
May 17, 1995
CONVENTION •
AND VISITORSS BUREAU
T H E ATRII" M
69-930 HWY III. SPITE 201
RANCHO MIRAGE. CA 922'0
6 1 9 - - - 0 - 9 0 0 0
6 1 9 - - - 6 - 9 0 0 1 FAX
R 0 0 - 9 6 - R E S O R T S
W A S H I N G T O N, D. C.
SALES OFFICE
.21 KING sT. s1 ITE ___
.ALEXAN 11RI .\. \ \ 2 2t I ,
FtLE NO.
, -� r of Cali-unnta -
arrh Fan Tin
SrrrrtarB of §tatr
• • FILEO
• In the o(Fa.4a.frutbryof State
04 M Slaw d Calken%o
AMENDMENT TO A JOINT POWERS AGREEMENT 'AUG 3 1 1993
(Government Code Section 6503.5 or 6503.7)
(..whInstructions: EU, eta of tate
1. Complete and mail to: Secretary of State, .
P.O. Box 944225, Sacramento, CA 94244-2250 (916) 324-6778
`? Include filing fee of $5.00. • (Office Use Only)
•
Date of filing initial notice with the Secretary of State: May 19, 1989
File number of initial notice: 963 1
jl Name of Joint Powers Agency:
PALM SPRINGS DESERT RESORTS CONVENTION AND *VISITORS BUREAU
Mailing Address: 69-930 Highway 111, Suite 201 , Rancho Mirage, California 92270
' I
Complete one or more boxes below. The agreement has been amended to: _
Q(X] Change the parties to the agreement as follows: Del eti nq the Ci tv of Desert Hot Springs
( ] Change the name of the administerin•. '•.""'.. follows: •
ARYd�
[ I Change the purpose of the agreement or the powers to be exercised as follows:
[ I Change the short title of the agreement as follows:
[XX] Make other changes to the agreement as follows: ARTICLE I , Definitions, Pages 1-3; .
ARTICLE X, Designation of Treasurer and Auditor, Pages 8-10; ARTICLE XI ,
Contributions , page 11; ARTICLE XIII , Wi�hdrawal o Mem er Or an.zation, Pages _ .- .
Date: August 19. 1943 ' fr' • '� r , �" - 121
Terri M. Wool ston, Recording. Secretary
Typed Name and Title
G.
'' ' ✓Isii��: Stair Di Talifornia FILE NO._
Z- tz-v�� urh ±Fong Eu
°�j;o� ,. §rcrrtnry of &tote
FILED
In the oiii.e of thu Socr.cry of 3tcto
AMENDMENT TO A JOINT POWERS AGREEMENT of tho Stay.)of California
(Government Code Section 6503.5 or 6503.7) AUG 2 2 1990
Instructions: ' �1 ,gr
1. Complete and mail to: Secretary of State, MARCH FONG EU, Secretary )l State
P.O. Box 704, Sacramento, CA 95512-0704 (916) 324-6778
•
2. Include filing fee of $5.00. (Office Use Only)
3. Do not include attachments.
Date of filing initial notice with the Secretary of State: May 19, 1989
File number of initial notice: 963
Name of Joint Powers agreement: JOINT POWERS AGREEMENT Creating the Palm Springs Desert
Resorts Convention and Visitors Bureau
Mailing Address: The Atrium Design Center, 69-930 Highway 111, Suite 201
Rancho Mirage, California 92270
Complete one or more boxes below. The agreement has been amended to:
[XX] Change the parties to the agreement as follows: ARTICLE III , line 23 to include: "A city that
qualifies as a member organization (ARTICLE I) , has signed the Joint Powers Agreem-
and has made the
((prescribed contribution to the Bureau, may become an active memb
libsegueen�hratific� ionotb thef toovernino bogies or of activeemember orga Committee ization5
[ ] C ange a name o the a ministering agency or entity as o ows: organization_
[XX] Change the purpose of the agreement ot,thk0.vers.tdlie exercised as follows: ARTICI E TX. Page 7.
line 2 to read: "Business Council•=-c6mpji-ed of 17 private and associate members
for three year staoaered terms.
[ I Change the short title of the agreement as follows:
[XX] Make other�change to the agreement as follows: ARTICLE XI , CONTRIBUTIONS, Page 10, line 3
to read: for the quarter starting six (6) months prior to the current quarter of
lodging. . . " AND line 8 to read," organizations shall be $10,000 annually or 0.55%
of said sales, whichever is. . . "
a,4,42 .
Signature
Terri M. Woolston, Recording Secretary
Typed Name and Title
rr
•
• `� FILE NO.-J
tafe of Q alifcrnia
do filtir.cli Yong +u
&rrrrtary of gtatr
` • •• FILED
In the office of the Secretory of Stato
NOTICE OF A JOINT POWERS AGREEMENT of the Stot.of California
(Government Code Section 6503.5 or 6503.7) MAY 19 1989
Instructions: 4A 4114
1. Complete and mail to: Secretary of State, MARCH TONG EU,Secretary )}State
P.O. Box 704,"Sacramento, CA 95812-0704 (916) 324-6778
2. Include filing fee of $5.00. • (Office Use Only)
3. Do not include attachments, unless otherwise specified.
The name of the agency or entity created under the agreement and responsible for the administration of
the agreement is:
•
Palm Springs Desert Resorts Convention and Visitors Bureau
Mailing address: Airport Park Plaza, 255 N. El Cielo Road, Palm Springs, CA 9226?
Provide a short title of the agreement if applicable: JOII\T POWERS AGREEMENT Creatina the .
Palm Springs Desert Resorts Convention and Visitors Bureau •
The public agencies party to the agreement are:
(1) City of Cathedral City (4) City of La Oui nta (7) City of Rancho-
Mirage
(2) City of Indian Wells (5) City of Palm IPSe*-t-
- (3) City of Indio n '�, ' ' ity of Palm Springs
if more space is needed, continue on a se .4 .O ttach it to this form.
The effective date of the agreement is: Feb Y , 1989
Provide a condensed statement of the agreement's purpose or the powers to be exercised: This Agreement is
entered into by the member organizations, as parties hereto, to jointly encourage, •
promote, and to do such other thingz ac might be nccccaary to c-ttancc, to the grecctczt
extent possible, all aspects of the hospitAlity, convention and tour' industry in
the Coachella Vallcy and to attract visitors to the arca fr wider mazk�L, ill
to the benefit of the member organizations and their c' ems.
Signature
MICRAEL E. FIFE
Executive Director
Typed Name.and Title
l �
I
1 Fiscal Year. The fiscal year for they Palm Springs
Desert Resorts Convention and Visitors Bureau shall
2
3 commence July 1 of every year and end June 30 of the
4 following year.
5 Funding Formula. A method of computing revenues to be
6 paid to the Bureau by member organizations based on
gross hotel room sales generated, as stated in Article XI ,
7
and as illustrated in Exhibit A. The definition of a
8
"Convention Meeting Hotel" is contained in Exhibit B.
9
Hospitality Industry and Business Council. An advisory
10
body comprised of 17 private or associate members
11
appointed by the Executive Committee.
12
Inactive Member. A member organization which has given
13
notice of withdrawal pursuant to Article XIII of this
14
agreement and thereafter is not eligible for continued
15
representation on the Executive Committee.
16
Member Organization. A city in the Coachella Valley or
17
Riverside County Government, which has signed the Joint
18
Powers Agreement, has made the prescribed contribution to
19
the Bureau and has not given notice of withdrawal all
20
references to "member" (unless otherwise modified) ,
21
"active member" or "Active city member" shall mean a
22
member organization .
23
Private Member. A private member shall be a
24
non-governmental entity whose place of business is within
25
the jurisdiction of an active governmental member
26
organization and whose business and activities are
27
28
-2-
1 equipment, or property. It may invest any money in its
2 treasury, not required for its immediate necessities ,
3 pursuant to Government Code Section 6509 . 5 . The Bureau
4 may do such other things as are necessary to carry out the
5 purposes and achieve the objectives of this Agreement .
6 These powers shall be exercised by the Bureau pursuant to
7 the terms hereof and as provided by law.
8
9 ARTICLE VII
10 OBLIGATIONS OF THE BUREAU
11 The debts, liabilities, and obligations of the Bureau
12 shall be the sole responsibility of the Bureau and shall
13 not become the debts, liabilities, or obligations of the
14 member organizations or any one of them except that a
15 member organization may separately contract for, or assume
16 responsibility for specific debts, liabilities, or
17 obligations of the Bureau.
18
19 ARTICLE VIII
20 EXECUTIVE COMMITTEE
21 The Bureau shall be governed by an Executive Committee
22 comprised of elected officials from each member
23 organization. Each member organization shall appoint a
24 member of its governing body as member of the Executive
25 Committee, and a second member of its governing body as an
26 alternate member of the Executive Committee . The County
27 of Riverside may appoint a County Senior Staff member with
• 28
-5-
1 The Executive Committee shall appoint a Hospitality
2 Industry and Business Council comprised of 17 private and
3 associate members for three year staggered terms .
4 The Executive Committee shall be advised on all matters by
5 a Technical Advisory Committee comprised of one city
6 manager/administrator from each member organization.
7 The Executive Committee shall hire a President who shall
8 be a professional manager to organize all affairs of the
9 Bureau .
10
11 The Executive Committee may create such other committees
12 as it deems necessary to achieve the purposes and intent
13 of this Agreement and as required by law.
14
15 ARTICLE X
16 DESIGNATION OF TREASURER AND AUDITOR
17 The Executive Committee shall designate a Treasurer and
18 one or more Deputy Treasurers . The Office of Treasurer
19 may be held by President .
20 The Treasurer shall :
21 1 . Receive and receipt for, all money of the Bureau and
22 place it in the treasury of the Bureau;
23 2 . Be responsible, upon his official bond, for the
24 safekeeping and disbursement of all Bureau money so
25 held by him;
26 3 . Pay, when due, out of money of the Bureau so held by
27 him, all sums due from the Bureau, or any portion
28 thereof; Submit Warrant Registers to Auditor for
-7
I
1 Government Code and shall conform to generally-accepted
2 auditing standards . A report of such audit shall be filed
3 as a public record with each member organization and with
4 the County Auditor for the County of Riverside . Such
5 report shall be filed within six months of the end of the
6 fiscal year under examination. The cost of such audit
7 shall be borne by the Bureau.
8
9 All funds of the Bureau shall be strictly accounted. A
10 member organization may request a report of all receipts
11 and disbursements at any time .
12
13 The Executive Committee shall designate appropriate
14 officers of one of its member organizations to be the
15 Auditor.
16 The Auditor shall :
17 1 . Review and recommend to Executive Committee accounting
18 procedures and policies governing the Joint Powers
19 Authority;
20 2 . Review and approve all demands listed on the Warrant
21 Registers prior to submittal to Executive Committee ;
22 Review payroll registers monthly;
23 3 . Review all the financial reports being submitted to
24 Executive Committee and make Executive Committee aware
25 of any discrepancies or potential problems in the
26 reports;
27 4 . Review investments made by President; or Treasurer;
28
-9-
•
1 The rights, duties and obligations of Private Members and
2 Associate Members shall be provided in the bylaws.
3
ARTICLE XIII
4
WITHDRAWAL OF MEMBER ORGANIZATION
5
6 A member organization may withdraw from participation in
7 this Joint Powers Agreement subject to the following
8 conditions:
9 1. The effective date of withdrawal shall always
10 be the last day of a fiscal year
2 . Current annual contribution to the Bureau must
11
12 be paid in full
13 3 . Annual contribution for the next following
14 fiscal year must be paid in the usual manner for such
15 payment; provided that any city which shall, prior to
June 1, 1993 , give notice of withdrawal from membership at
16
the end of the 1993-1994 fiscal year, shall pay its annual
17
contribution for the 1993-1994 fiscal year at the rate of
18
six tenths of one percent ( . 6%) of all taxable gross hotel
19
room rentals
20
4 . Notice of withdrawal must be given not less
21
than thirteen months prior to the effective date of
22
withdrawal. For example, notice must be given prior to
23
June 1 to effect withdrawal at the end of the next
24
following fiscal year. Notice given between June 1 and
25
June 30 shall be effective at the end of the second
26
following fiscal year
27
• 28
-11-
ARTICLE XV
1
CONTRACT SERVICES
2
3 Nothing in this Agreement shall be deemed to prohibit a
4 member organization from expending additional efforts and
5 resources or contracting with the Bureau or other entities
for additional services and benefits similar to those
6
7 realized from participation in this Agreement.
8
ARTICLE XVI
9
AMENDMENTS TO JOINT POWERS AGREEMENT
10
This Joint Powers Agreement may not be amended except by a
11
vote of two-thirds of the entire membership of the
12
Executive Committee AND subsequent ratification by the
13
governing bodies of two-thirds of the member
14
organizations, provided further that any amendment of the
15
amount of member contributions, as stated in Article XI ,
16
shall require the unanimous vote of the entire active
17
membership of the Executive Committee and subsequent
18
ratification by the governing bodies of all active member
19
organizations.
20
21
ARTICLE XVII
22
TERMINATION AND DISTRIBUTION OF ASSETS
23
This Agreement may be terminated at any time upon election
24
to terminate by the governing bodies of not less than
25
three-fourths of the member organizations, provided,
26
however, that this Agreement and the Bureau shall continue
27
• 28
-13-
1 IN WITNESS WHEREOF, the parties have executed this
2 Agreement on the day and year hereinafter specified.
3
4 CITY OF CATHEDRAL CITY
5 }—
6 DATED: t;& 0 (1 CiC3l BY
Ma or
7
8
9 ATTEST: APPROVED AS TO FORM:
10 BY: � (14154/4/7/
11
12 City erk City Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
• 28
-15
•
1 IN WITNESS WHEREOF, the parties have executed this .
2
Agreement on the day and year hereinafter specified.
3
4 CITY OF INDIO
5
6
DATED: 5-q BY: '
Mayor
7
8
ATTEST: APPROVE' TO FIRM:
9
10 JJ � /^
� Q� BY: l i
11
12 City Clerk Ci /Attorney
• 13
14
15 1
16
17
18
19
20
21
22
23
24
25
26
27
• 28 •
-17-
1 IN WITNESS WHEREOF, the parties have executed this
2 Agreement on the day and year hereinafter specified.
3
CITY OF PALM DESERT
4 j
5 //
6 DATED: 4vP- BY. /
Mayor
7
8
ATTEST:- APPROVED AS FORM:
9
10
B l BY:
ti
11
City Clerk City torney
12
13
14
15
16
17
18
19
20
21
22
23 •
24
25
26
27
• 28
-19
IN WITNESS WHEREOF, the parties have executed this
1
2 Agreement on the day and year hereinafter specified.
3
CITY OF RANCHO MIRAGE
4
5
DATED: s� �99�
,,/� / •
6
Q�v
Ma or
7 Mayor
8
ATTEST: APPROVED AS TO FORM:
9
10 BY: /./2 4.06 BY:
11
City Clerk City Attorney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-21-
1989-1990
PROPOSED FUNDING FORMULA
CALENDAR 1989
PROJECTED (1) FY 1989-90
CITY GROSS SALES X . 55%
Desert Hot Springs NOT A MEMBER AT THIS TIME
Cathedral City $10, 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 $1, 112, 923
NOTE: Projection from City Finance Departments
FUNDFORM (EXHIBIT A)
-23
FY 1991-1992
PROPOSED FUNDING FORMULA
CALENDAR 1991
PROJECTED (1) FY 1991-92
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
Rancho Mirage $ 27, 777, 833 $ 166 , 667
TOTAL $237, 445, 167 . $1,424, 671
•
NOTE : Projection from City Finance Departments
FUNDFORM (EXHIBIT A-2)
-25
FY 1993-1994
PROPOSED FUNDING FORh:J�A
FISCAL YEAR
ACTUAL (1) FY 1993-94 FY 1993-94
CITY GROSS SALES X . 6% X 1 .4% TOTAL
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 , 133 510, 518
TOTAL $223, 926, 111 $315, 974 $2 , 397, 692 $2,713, 666
NOTE :
(1) Source : City Finance Departments
-27
FY 1995-1996
PROPOSED FUNDING FORMULA
FISCAL YEAR
PROJECTED (1) FISCAL YEAR FISCAL YEAR
CVB 1995-1996 1995-1996
CITY GROSS SALES X . 6% X 1 .4% TOTAL
Cathedral City 930, 000 25, 800 70, 000 95, 800
Indian Wells 2, 850, 000 3 , 243 423 , 784 427, 027
Indio 541, 000 32, 460 -0- 32, 460
La Quinta 2, 330, 000 12 , 180 270, 709 282, 889
Palm Desert 4 , 550, 000 60, 000 567, 778 627, 778
Palm Springs 8, 000, 000 192, 000 622, 222 814, 222
Rancho Mirage 3 , 716, 670 10, 000 497, 000 507, 000
Riverside County -0- -0- -0- 31, 500
TOTAL $22, 917, 670 335, 683 2, 451, 493 2, 818, 676
NOTE :
(1) Source : City Finance Departments
1995-1996 Projections from cities
FUNDFORM (EXHIBIT A-6)
5/2/95
-29
CONTRIBUTIONS
The formula shall be equal to six-tenths of one percent ( . 6%) of
all taxable gross hotel room rentals and an amount equal to eight
tenths of one percent ( . 8%) of the taxable gross hotel room
rentals of Convention Meeting Hotels; provided, that if a member
city prior to June 1, 1993 , shall give notice of withdrawal from
membership, that city shall pay during the 1993-1994 fiscal year
a contribution equal to six tenths of one percent ( . 6%) of all
taxable gross hotel room rentals .
EXHIBIT C
(Footnote: Provided that any changes to the foregoing Exhibit
conform with Article XVI of the JPA Agreement. )
-31