1988 PS Desert Resorts Convention & Visitors Bureau (CVB) - JPAA
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December 12, 1988
(amended)
JOINT POWERS AGREEMENT
CREATING THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS
BUREAU
Acting pursuant to Article I, Chapter 5, Division 7, Title 1 of
the California Government Code (Section 6500 et seq.), the
parties signatory to this agreement, as listed in Appendix A
attached hereto, hereby join together and agree as follows:
ARTICLE I
DEFINITIONS
Active Member. A member organization as defined below.
Executive Committee. The governing body of the Palm Springs
Desert Resorts Convention and Visitors Bureau, formed pursuant
to Article VIII of this joint powers agreement.
Fiscal Year. The fiscal year for the Palm Springs Desert Re-
sorts Convention and Visitors Bureau shall commence July 1 of
every year and end June 30 of the following year.
Funding Formula. A method of computing revenues to be paid to
the Bureau by member organizations based on transient occupancy
taxes generated, as stated in Article XI, and as illustrated in
Exhibit A.
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Hospitality Industry and Business Council. An advisory body
comprised of 15 private or associate members appointed by the
Executive Committee.
Inactive Member. A member organization which has given notice
of withdrawal pursuant to Article XIII of this agreement and
thereafter is not eligible for continued representation on the
Executive Committee.
Initial Contribution. The contribution to be paid by each mem-
ber organization pursuant to Article XI at the time of execution
of this agreement in order to produce start-up expenses esti-
mated to be $150,000 for FY 1988/89, as shown in Exhibit B.
Member Organization. A city in the Coachella Valley which has
signed the Joint Powers Agreement, has made the prescribed con-
tribution to the Bureau and has not given notice of withdrawal.
All references to "member" (unless otherwise modified), "active
member" or "active city member" shall mean a member
organization.
Technical Advisory Committee. A committee comprised of one city
manager from each member organization, with the function of ad-
vising on all matters which come before the Executive Committee.
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ARTICLE II
PURPOSE
This Agreement is entered into by the member organizations, as
parties hereto, to jointly encourage, promote, and to do such
other things as might be necessary to enhance, to the greatest
extent possible, all aspects of the hospitality, convention and
tourism industry in the Coachella Valley and to attract visitors
to the area from a world-wide market, all to the benefit of the
member organizations and their citizens.
ARTICLE III
PARTIES TO AGREEMENT
Each member organization, as a party to this Agreement, hereby
agrees and contracts with each and every other member organiza-
tion as parties to this Agreement, together with such other or-
ganizations as may hereafter be added as parties to this agree-
ment, to abide by the terms of this agreement as hereinafter set
forth. Each member organization also agrees that withdrawal of
any party from this Agreement shall not affect this Agreement as
to those member organizations then remaining.
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ARTICLE IV
TERM
This Agreement shall become effective February 1, 1989, or as
soon thereafter as it is approved and executed by three or more
member organizations, and shall continue in full force and ef-
fect until terminated as herein provided.
ARTICLE V
CREATION OF CONVENTION AND VISITORS BUREAU
In order to most effectively achieve the purposes and goals of
this Agreement, there is hereby created a public entity, sepa-
rate and apart from the parties hereto, to be known as the Palm
Springs Desert Resorts Convention and Visitors Bureau.
ARTICLE VI
POWERS OF THE BUREAU
The Bureau shall have all of the powers common to its member
organizations and is authorized, in its own name, to make and
enter contracts, to employ agents and employees, to acquire,
construct, manage, maintain or operate any building, works or
improvements, to acquire, hold, or dispose of property, and to
incur debts, liabilities, or obligations. The Bureau shall have
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the power to sue and be sued in its own name. The Bureau may
receive and use contributions and advances from member organiza-
tions pursuant to Government Code Section 6504, including con-
tributions or advances of personnel, equipment, or property. It
may invest any money in its treasury, not required for its im-
mediate necessities, pursuant to Government Code Section 6509.5.
The Bureau may do such other things as are necessary to carry
out the purposes and achieve the objectives of this Agreement.
These powers shall be exercised by the Bureau pursuant to the
terms hereof and as provided by law.
ARTICLE VII
OBLIGATIONS OF THE BUREAU
The debts, liabilities, and obligations of the Bureau shall be
the sole responsibility of the Bureau and shall not become the
debts, liabilities, or obligations of the member organizations
or any one of them except that a member organization may sepa-
rately contract for, or assume responsibility for specific
debts, liabilities, or obligations of the Bureau.
ARTICLE VIII
EXECUTIVE COMMITTEE
The Bureau shall be governed by an Executive Committee comprised
of elected officials from each member organization. Each member
organization shall appoint a member of its governing body as a
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member of the Executive Committee, and a second member of its
governing body as an alternate member of the Executive Commit-
tee. Each member of the Committee shall serve at the pleasure
of the appointing member organization. When a committee member
or alternate committee member is no longer a member of the
governing body of the appointing organization, membership on the
Executive Committee shall automatically terminate. Any vacancy
on the Executive Committee shall be promptly filled by the ap-
pointing member organization.
ARTICLE IX
POWERS AND DUTIES OF EXECUTIVE COMMITTEE
The Executive Committee shall exercise all the powers and con-
duct all the business of the Bureau, either directly or by del-
egation of authority as the Executive Committee deems appropri-
ate. The Executive Committee shall adopt by-laws to provide for
the organization and administration of the Bureau. The by-laws
shall be adopted by a majority vote of all the members of the
Executive Committee and may thereafter be amended in like man-
ner, except as more restrictive requirements may appear in said
by-laws.
The Executive Committee shall approve and adopt a budget for the
Bureau by April 30th of each year for the Fiscal year beginning
July 1st of each year.
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The Executive Committee shall appoint a Hospitality Industry and
Business Council comprised of 15 private and associate members
for three year staggered terms.
The Executive Committee shall be advised on all matters by a
Technical Advisory committee comprised of one city manager from
each member organization.
The Executive Committee shall hire an executive director who
shall be a professional manager to organize all affairs of the
Bureau.
The Executive Committee may create such other committees as it
deems necessary to assist in performing its duties and
obligations.
The Executive Committee shall have such other powers and duties
as might be necessary to achieve the purposes and intent of this
Agreement and as required by law.
ARTICLE X
DESIGNATION OF TREASURER AND AUDITOR
The Executive Committee shall designate appropriate officers of
one of its member organizations to be the Treasurer and Auditor.
The Treasurer shall:
1. Receive and receipt for, all money of the Bureau and place
it in the treasury of the member organization, so designated
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to the credit of the Bureau;
2. Be responsible, upon his official bond, for the safekeeping
and disbursement of all Bureau money so held by him;
3. Pay, when due, out of money of the Bureau so held by him,
all sums due from the Bureau, or any portion thereof, only
upon warrants of the Auditor; and
4. On a monthly basis, verify and report in writing to the Ex-
ecutive Committee the amount of money he holds for the Bu-
reau, the amount of receipts since his last report and the
amount paid out since his last report.
5. Pursuant to Government Code 53646, the Treasurer shall sub-
mit monthly and annual reports to the Executive Committee.
All funds invested by the Treasurer must conform to the pro-
visions of Government Code 53651.
The Auditor shall draw warrants to pay demands against the Bu-
reau when the demands have been approved by the Executive Com-
mittee or such person as may be authorized by the Executive Com-
mittee to approve such demands.
The City Council of the member organization designated to pro-
vide the Treasurer and Auditor shall determine the proper charge
to be made against the Bureau for the services of the Treasurer
and the Auditor, which charges shall be promptly paid by the
Bureau.
The Treasurer, and such other persons who shall have charge of,
handle, or have access to any property of the Bureau shall file
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an official bond in an amount to be determined by the Executive
Committee and sufficient to secure the assets of the Bureau.
At the close of each fiscal year, the Auditor shall contract
with a Certified Public Accountant or Public Accountant to make
an annual audit of the accounts and records of the Bureau. The
minimum requirements of such audits shall be those prescribed by
the State Controller for special districts under Section 26909
of the Government Code and shall conform to generally accepted
auditing standards. A report of such audit shall be filed as a
public record with each member organization and with the County
Auditor for the County of Riverside. Such report shall be filed
within 6 months of the end of the fiscal year under examination.
The cost of such audit shall be borne by the Bureau.
All funds of the Bureau shall be strictly accounted. A member
organization may request a report of all receipts and disburse-
ments at any time.
ARTICLE BI
CONTRIBUTIONS
Each member organization, upon executing this agreement, shall
make an initial contribution computed in the manner shown in the
Interim Funding Formula attached hereto as Exhibit B.
Commencing July 1, 1989, and quarterly thereafter, each member
organization shall pay into the treasury of the Bureau, the sum
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of $2,500 or a sum to be determined by the Executive Committee,
equal to not less than 0.5%nor more than 0.6% of the gross sales
for the preceding quarter of lodging which would have been sub-
ject to a transient occupancy tax, if such tax were imposed, as
defined by Section 7280 of the California Revenue & Taxation
Code, whichever is greater, except that for the first full year
of the term of this agreement, the contribution of each member
organization shall be $10,000 or 0.55% of said sales, whichever
is greater, as estimated on Exhibit A.
ARTICLE XII
PRIVATE MEMBERSHIP AND ASSOCIATE MEMBERSHIP
There is hereby established a class of membership designated
"Private Member". A private member shall be a non-governmental
entity whose place of business is within the jurisdiction of an
active governmental member organization and whose business and
activities are directly related to the convention or tourism
industry and the purposes of this agreement. Private members
shall be subject to approval of the Executive Committee which
shall set the fee for such member.
There is hereby established a class of membership designated
"Associate Member". An Associate Member shall be a non-
governmental entity whose business and activities are related to
the convention or tourism industry or the purposes of this
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agreement, but whose place of business is not within the bound-
aries of a governmental agency which is eligible to become a
member or an inactive member of the Bureau. Associate members
shall be subject to approval of the Executive Committee which
shall set the fee for such member.
The rights, duties and obligations of Private Members and As-
sociate Members shall be provided in the by-laws.
ARTICLE XIII
WITHDRAWAL OF MEMBER ORGANIZATION
A member organization may withdraw from participation in this
Joint Powers Agreement subject to the condition that its current
annual contribution to the Bureau is paid in full and if such
withdrawal occurs after March 1, 1989, that it pay to the Bureau
an additional contribution equal to the annual contribution owed
or paid during the year of withdrawal. A withdrawing member
organization may again become a participating member of this
Joint Powers Agreement subject to the condition that it pay to
the treasury of the Bureau all contributions which it would have
paid if the member organization had not withdrawn from par-
ticipation. Additionally, an active member which gives notice
of withdrawal becomes an inactive member, with no voting privi-
leges on the Executive Committee. Private members may not par-
ticipate in the Bureau if their place of business is located
within the boundaries of an inactive member.
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ARTICLE XIV
CONTRACT SERVICES
Nothing in this Agreement shall be deemed to prohibit a member
organization from expending additional efforts and resources or
contracting with the Bureau or other entities for additional
services and benefits similar to those realized from participa-
tion in this Agreement.
ARTICLE XV
AMENDMENTS TO JOINT POWERS AGREEMENT
This Joint Powers Agreement may not be amended except by vote of
two-thirds of the entire membership of the Executive Committee
and subsequent ratification by the governing bodies of two-
thirds of the member organizations, provided further that any
amendment of the amount of member contributions, as stated in
Article XI, shall require the unanimous vote of the entire ac-
tive membership of the Executive Committee and subsequent
ratification by the governing bodies of all active member
organizations.
ARTICLE XVI
TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time upon election to
terminate by the governing bodies of not less than three-fourths
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of the member organizations, provided, however, that this Agree-
ment and the Bureau shall continue to exist after such termina-
tion for the purpose of disposing of all claims, distributing
all assets, and performing all other acts necessary to conclude
the affairs of the Bureau.
Upon termination, all assets of the Bureau shall be distributed
among the member organizations in proportion to their contribu-
tion during the term of this Agreement with an offset for any
monies owed to the Bureau.
ARTICLE XVII
FILING WITH SECRETARY OF STATE
Notice of this Agreement, or any amendments to it, shall be
filed with the office of the California Secretary of State
within thirty days of its effective date pursuant to Government
Codes Section 6503.5.
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF CATHEDRAL CITY
DATED: 1-Phnurlil Ici <9
BY:
MAYOR
ATTEST: APPROVED AS TO FORM:
BY: BY: ���'�''115
CI Y C CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF COACHELLA
DATED: BY:
ATTEST:
BY:
BY:
MAYOR
APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF DESERT HOT SPRINGS
DATED: July 6, 1990 BY:
MAYOR
ATTEST APPROVED AS TO FORM:
CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF INDIAN WELLS
DATED:
ATTEST:
BY: -iCh1(�� `� BY:
PRINCE E. P ERSON, CITY MANAGER/CLERK G NAZAREK, CITy/ATTORNEY
a_t_d/li /9gr BY : 1_c Q
RICHARD R. OLIPHAN MAYOR
APPROVED AS TO FORM:
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF INDIO
DATED:
BY:1411,Calt)
MAYOR
ATTEST: i APFORM:
BY: . �� BY:
CITY CLERK
CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF LA QUINTA
DATED::;210
•
1
BY:
ATTEST: APPROVED AS TO FORM:
Agir
BYi
CITY CLERK
By: `W.6,
/4 CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF PALM DESERT
DATED: BY:
ATTEST:
BY:
t 1 7,--1 BY :
CITY CLE
APPROVED AS TO FORM:
avtA \ ez__
CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF PALM SPRINGS
�' rdn-• Q
DATED: I ��l14 16, foil % BY:_,
ATTEST:
CITY CLERK
BY:
APPROVED AS TO FORM:
CITY ATTORNEY
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IN WITNESS WHEREOF, the parties have executed this Agreement on
the day and year hereinafter specified.
CITY OF RANCHO MIRAGE
DATED: 3 "Pe, BY:
ATTEST: /
BY: Gd(.� G : 1�c,o.'!�"`r BY
CITY CLERK
PPRO'ED AS TO FORM:
CITY ATTORNEY
11/18/88
FY 1988/89 RECOMMENDED
INTERIM FUNDING FORMULA
FY 87/88 x 15.62%
Estimated (1) FY 87/88 Interim
City Gross Sales x .55% Operation
Desert Hot Springs $ 3,338,000 $ 18,359 $ 2,868
Palm Springs 63,333,000 348,332 54,409
Cathedral City 10,744,000 59,092 9,230
Rancho Mirage 23,750,000 130,625 20,404
Palm Desert 47,083,000 258,957 40,449
Indian Wells 9,857,000 54,214 8,468
La Quinta 9,250,000 50,875 7,947
Indio 5,375,000 29,563 4,618
Coachella (2) - 0 - 10,000 1,562
TOTAL
$172,730,000 $ 960,017 $ 150,000
NOTES
(1) Source: DRCVB, unaudited, August 1988.
(2) No Transient Occupancy Tax, base assessment $10,000.
(3) Proposed interim budget - Personnel $ 90,000
Office/Travel 15,000
Consultant 15,000
Other 15,000
Contingency 15,000
$ 150,000
SB:bam
M1014884
(EXHIBIT B)
City
11/18/88
FY 1989/90 RECOMMENDED
PROPOSED FUNDING FORMULA
FY 88/89
Projected (1) FY 88/89 FY 88/89 FY 88/89
Gross Sales x .60% x .55% x .50%
Desert Hot Springs $ 4,500,000 $ 27,000 $ 24,750 $ 22,500
Palm Springs 76,222,000 457,300 419,200 381,100
Cathedral City 12,778,000 76,700 70,300 63,900
Rancho Mirage 36,250,000 217,500 199,400 181,250
Palm Desert 47,083,000 282,500 258,950 235,400
Indian Wells 10,000,000 60,000 55,000 50,000
La Quinta 13,125,000 78,750 72,200 65,600
Indio 5,625,000 33,750 30,950 28,100
Coachella (2) - 0 - 10,000 10,000 10,000
TOTAL
$205,583,000 $1,243,500 $1,140,750 $1,037,850
NOTES
(1) Source: City Finance Departments, budget projections FY 1988/89.
(2) No Transient Occupancy Tax, base assessment $10,000.
(3) Proposed budget FY 1989/90
a) City contributions $1,140,750
b) Private members 500,000
c) Advertising/other 250,000
$1,890,750
SB:bam
M1014883
(EXHIBIT A)
CITY
Desert Hot Springs
Cathedral City
Indian Wells
Indio
La Quinta
Palm Desert
Palm Springs
Rancho Mirage
TOTAL
FY 1989-1990
PROPOSED FUNDING FORMULA
CALENDAR 1989
PROJECTED (1) FY 1989-90
GROSS SALES X .6%
NOT A MEMBER AT THIS TIME
$10,242,000
15,214,182
3,910,000
15,788,909
59,403,090
70,193,455
27,598,000
$ 56,331
83,678
21,505
86,839
326,717
386,064
151,789
$202,349,636 $1,112,923
NOTE: Projection from City Finance Departments
FUNDFORM (EXHIBIT A)
CITY
FY 1990-1991
PROPOSED FUNDING FORMULA
CALENDAR 1990
PROJECTED (1) FY 1990-91
GROSS SALES X .6%
Desert Hot Springs $ 4,625,000 $ 27,750
(JOINED 7/6/90)
Cathedral City 10,555,556 63,333
Indian Wells 19,195,514 115,173
Indio 5,900,000 35,400
La Quinta 21,000,000 126,000
Palm Desert 46,250,000 277,500
Palm Springs 74,444,444 446,667
Rancho Mirage 27,777,778 166,667
TOTAL
$209,748,292 $1,258,490
NOTE: Projection from City Finance Departments
FUNDFORM
6/7/90
(EXHIBIT A)
CITY
FY 1991-1992
PROPOSED FUNDING FORMULA
CALENDAR 1991
PROJECTED (1) FY 1991-92
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
11/08/91
(EXHIBIT A)
CITY
FY 1992-1993
PROPOSED FUNDING FORMULA
CALENDAR 1992
PROJECTED (1) FY 1992-93 FY 1992-93
GROSS SALES X .6% X 1.4% TOTAL
Desert Hot Springs $ 3,687,926 $ 22,128 $ -0- $ 22,128
Cathedral City 10,898,141 31,075 80,066 111,141
Indian Wells 28,050,000 -0- 392,700 392,700
ndio 6,330,740 37,984 -0- 37,984
La Quinta 19,337,845 -0- 270,730 270,730
Palm Desert 53,264,338 66,560 590,394 656,954
Palm Springs 72,062,921 195,738 552,158 747,896
Rancho Mirage 32,000,000 26,880 385,280 412,160
TOTAL
$225,631,911 $ 380,365 $2,271,328 $2,651,693
NOTE:
(1) Source: City Finance Departments
1991 Year-end Gross Sales
City of Indian Wells Projection - Down trend
City of Rancho Mirage - Westin Mission Hills
FUNDFORM
8/6/92
(EXHIBIT A)