2024 Visit Greater PS - JPA 2nd Amended & Restated - RESOJOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
Gary Gardner, Chair
RESOLUTION NO. JPA 2024-007
City of Desert Hot Springs
Waymond Fermon, vice Chair
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF
City of Indio
VISIT GREATER PALM SPRINGS CONFIRMING THE APPROVAL OF THE SECOND
AMENDED AND RESTATED AGREEMENT BY THE VISIT GREATER PALM SPRINGS
Mark Carnevale
MEMBERS' LEGISLATIVE BODIES
City of Cathedral City
Greg Sanders
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority operating
City of Indian Wells
under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.),
Linda Evans
located in the County of Riverside, State of California; and
City of La Quinta
Jan Harnik
WHEREAS, the JPA Executive Committee serves as the governing body of VGPS;
City of Palm Desert
and
Jeffrey Bernstein
City of Palm Springs
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement
Steve Downs
City of Rancho Mirage
("Amended and Restated Agreement") on January 20, 2016 (referred to as "JPA
Agreement"); and
V. Manuel Perez
County of Riverside
WHEREAS, section 24 of the JPA Agreement provides that the JPA Agreement
may be amended from time to time by (1) a two-thirds vote of the entire JPA Executive
Committee, and (2) a unanimous vote of the VGPS members' legislative bodies in
compliance with all applicable provisions of the Joint Exercise of Powers Act and all
other applicable laws; and
WHEREAS, at the February 29, 2024 Special Meeting of the JPA Executive
Committee, the JPA Executive Committee considered and approved the
amendments to section 3 (Purpose), section 8 (Additional Members), section 10 (JPA
Executive Committee - Power and Duties) and section 11 (Territorial Boundaries) of
the JPA Agreement as further set forth in Resolution No. JPA 2024-002 by a vote equal
to or greater than two-thirds vote of the entire JPA Executive Committee; and
WHEREAS, Resolution No. JPA 2024-002 directed the President/CEO to seek the
approval of the VGPS members' legislative bodies of the aforementioned amendments
and the Second Amended and Restated Joint Powers Agreement in substantially the
same form attached to Resolution No. JPA 2024-002; and
WHEREAS, at the March 29, 2024 Meeting of the JPA Executive Committee, the
JPA Executive Committee considered and approved an amendment to section 12
(Contribution) of the JPA Agreement as further set forth in Resolution No. JPA 2024-003;
by a vote equal to or greater than two-thirds vote of the entire JPA Executive Committee;
the Second Amended and Restated Joint Powers Agreement was updated accordingly;
and
WHEREAS, Resolution No. JPA 2024-002 and Resolution No. JPA 2024-003, and the
Second Amended and Restated Joint Powers Agreement attached hereto as Exhibit "A"
and incorporated herein by this reference, were considered and approved by the VGPS
members' legislative bodies and the City of Coachella at their respective duly called
meetings listed in Exhibit "B" and incorporated herein by this reference; and
WHEREAS, the President and CEO of VGPS and/or his designee(s) have confirmed
that the VGPS members' legislative bodies and the City of Coachella have
unanimously adopted and approved the amendments to the Joint Powers Agreement
and the Second Amendment and Restated Joint Powers Agreement as referred to
above.
NOW, THEREFORE, BE IT RESOLVED bythe JPA Executive Committee of Visit Greater
Palm Springs as follows:
Section 1. Recitals.
That the Recitals set forth above are true and correct.
Section 2. Acknowledgment of Approval and Adoption.
That the JPA Executive Committee hereby acknowledges that the thresholds for
the votes required of the JPA Executive Committee and the VGPS members' legislative
bodies to (1) amend the Joint Powers Agreement, and (2) adopt and approve the
Second Amendment and Restated Joint Powers Agreement have been met. The City
of Coachella has accepted membership in VGPS and approved the Second
Amendment and Restated Joint Powers Agreement.
Section 3. Severability.
That the Executive Committee declares that, should any provision, section,
paragraph, sentence, or word of this Resolution be rendered or declared invalid by
any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or
words of this Resolution as hereby adopted shall remain in full force and effect.
Section 4. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by Visit Greater Palm Springs or the
Executive Committee that are in conflict with the provisions of this Resolution are
hereby repealed.
Section 5. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 6. Certification.
That the Clerk of the Executive Committee shall certify as to the adoption of this
Resolution and shall cause the same to be processed in the manner required by law.
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PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority
(JPA) Executive Committee of Visit Greater Palm Springs, held on the A day of June,
2024, by the following vote:
AYES: 61 `t7. e3er-(-Vkok'�)Vl�o o j Ca�mam( %,ty) UK,�,ilSI U �uc��kei�(�aAw�NAYES: 0 ��m�e.W4- r'r- Vw ja3z,P,�Sic# v
ABSENT: 0 J
ABSTAIN: W
Gary Ga rc er, Chair
Executive Committee
Visit Greater Palm Springs
ATTEST:
Sarah Gostin, Cleric for the Executive Committee
AP LP OVED S-10 FORM:
VC� u
'ruce Bauer, General Counsel
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RESOLUTION NO. JPA 2024-007
Exhibit A
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
RESOLUTION NO. JPA 2024-007
Exhibit B
Schedule of Meetings of the Member Agency at which the amendments set forth in JPA
Executive Committee Resolution No. 2024-002, JPA Executive Committee Resolution No.
2024-003 and the Second Amended and Restated Joint Powers were considered and
approved:
Existing Member Agencies
Cathedral City
04/10/2024
Desert Hot Springs
04/16/2024
Indio
05/01/2024
Indian Wells
05/16/2024
La Quinta
04/16/2024
Palm Desert
05/23/2024
Palm Springs
04/25/2024
Rancho Mirage
04/18/2024
Riverside County
06/04/2024
New Member Agency
Coachella 04/24/2024