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3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury or disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and
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volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
3.2.10.7 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment
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and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Thirty-Five Thousand Dollars and Zero Cents ($35,000.00) without written approval of City’s City Council. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work, which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless
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from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City
City of Coachella
53462 Enterprise Way
Coachella, CA 92236
Attn: Dr. Gabriel Martin,
City Manager
Consultant
Equitable Cities LLC
10 Windsor Ct
Somerset, NJ 08873
Attn: Charles Brown, President
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
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property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of
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reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
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warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE.]
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City of Coachella
By:
Dr. Gabriel D. Martin,
City Manager
Equitable Cities LLC
By:
Charles Brown
President
Attest:
By:
City Clerk
Approved as to Form:
****Approved Form****
Best Best & Krieger LLP
City Attorney
Item 19.
Last Revised: February 6, 2024
1 EXHIBIT “A”
SCOPE OF SERVICES
Special Committee on Equity and Social Justice & Racial Equity Early Action Plan Prepared by Equitable Cities
Introduction
Pursuant to your request, below is a list of proposed tasks and budget toward the formation of a City of Coachella Special Committee on Equity and Social Justice and development of Racial Equity Early Action Plan by Equitable Cities. \ Task I: Formation of a Special Committee on Equity and Social Justice To assist the City of Coachella in advancing its justice, equity, diversity, and inclusion (JEDI) efforts, Equitable Cities will work with representatives on the official formation of an ad hoc Special Committee on Equity and Social Justice. The Special Committee will work with EC and internal Coachella staff on the review and approval of equity and racial equity definitions, provide recommendations and overall feedback on the establishment of the Racial Equity Framework and Action Plan., and guidance on community outreach and engagement efforts. The Special Committee may be comprised of city council members, non-profit and private sector representatives, and select members of the public. The Special Committee will meet periodically throughout the project timeline; and EC will work with Coachella staff to develop meeting agendas as well as facilitate all meetings of the Special Committee.
Deliverables: Guidance on the formation of the Special Committee; facilitation of meetings; and draft Special Committee meeting summary notes.
Task II: Inventory of Existing Citywide Equity Efforts Equitable Cities will work with Coachella staff on a brief inventory of existing citywide equity efforts to document how well the City is integrating equity into existing policies, programs, practices, plans, and projects. The equity inventory will provide a snapshot of the degree to which the city currently centers equity/racial equity into its decision-making processes as well as highlight areas where equity could be better incorporated throughout the agency. The results from the equity inventory will be used to develop recommendations for consideration into the Racial Equity Framework and Action Plan.
Deliverables: Technical memo outlining an inventory of existing citywide equity efforts and proposed recommendations. Task III: Racial Equity Baseline Conditions Assessment The overall purpose of the Racial Equity Baseline Conditions Assessment is two-fold. Firstly, the purpose is to highlight past and present policies (i.e., transportation, housing, economic, educational, and environmental) that result inequitable and exclusive access to opportunities for all in the city. Secondly, the purpose is to develop a preliminary baseline assessment of equity indicators and profiles at the city level. The draft list of equity indicators may/will fall into the following categories: economic vitality, healthy and complete communities, mobility, and environment. Here is a proposed list of equity indicators to consider as part of the analysis. The final list will be developed after meeting with staff and the Special Committee.
Item 19.
EXHIBIT A
race/ethnicity
female-headed households
language/linguistic isolation
children with disabilities
households below 200% poverty
working poor
unemployment rate
households living in high-poverty neighborhoods
median hourly wage
median household income
broadband access
health insurance
supplementary nutrition assistance program (SNAP) recipiency life expectancy at birth
households without a vehicle
share of transportation system usage
air pollution exposure index
educational attainment
public safety
children bused to school
The data used for this analysis may be collected from a variety of publicly available and reliable data sources including, but not limited to, the American Community Survey, National Equity Atlas, IMPUMS USA, Metropolitan Planning Organizations’(MPOs) Regional Travel Models and Forecasts, and the National Household Travel Survey. This two-fold process is being proposed to provide comprehensive and timely data and information for the background section and recommendations section of the Racial Equity Framework and Action Plan.
Deliverables: Technical memo outlining an inventory of existing citywide equity efforts and proposed recommendations. Summary of interviews with select department directors/leadership. Task IV: Racial Equity Framework and Action Plan
After completing an inventory of existing citywide equity efforts and undergoing an equity baseline conditions assessment, Equitable Cities will work with city staff and the Special Committee on the development of a City of Coachella Racial Equity Framework and Action Plan. The Plan will include a key list of goals and strategies to advance racial equity through short-, medium-, and long-term policy,
Item 19.
EXHIBIT A
systems, and environmental changes within the city. The Plan will include a glossary of key terms, recommendations, timelines, responsible parties, and funding opportunities at the federal, state, and regional level. It is anticipated that the Plan will be based on a 3-year horizon.
Deliverables: Draft and Final Racial Equity Framework and Action Plan. Task VIII: Project Administration
Equitable Cities will meet with the client regularly through either or a combination of email, Zoom, or inperson meetings, and will invoice monthly or at the completion of each task. Equitable Cities will develop meeting invoices, draft meeting summary notes, and assist in the review of all communications and marketing materials.
Deliverables: Public meeting agenda development and facilitation, meeting notes, and review of materials.
Proposed Budget
Equitable Cities can complete the core tasks that highlighted in green for $35,000--not including travel, incentives, and indirect costs. Please note that the additional budget reflects work under the past contract that has not been funded though draft products were completed (i.e., Draft Policy Review Document and Draft Baseline Report).
Item 19.
EXHIBIT B
EXHIBIT “B”
SCHEDULE OF SERVICES
Term of agreement is January 23, 2023 – December 15, 2025
Item 19.
EXHIBIT C
EXHIBIT “C”
COMPENSATION
Total Compensation is not to exceed $24,900 for deliverables outlined in Exhibit A.
Item 19.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Authorize the City Manager to Approve a Contract for Services with Ecology Auto Parts Inc., in an Amount not to Exceed $132,550.00 Including a 10% Contingency for the Removal of Biosolids at the Coachella Sanitary District Wastewater Reclamation Plant.
STAFF RECOMMENDATION:
Approve a Contract for Services with Ecology Auto Parts Inc., in an Amount not to exceed $132,550.00 including a 10% Contingency for the Removal of Biosolids at the Coachella Sanitary District Wastewater Reclamation Plant
DISCUSSION/ANALYSIS:
In accordance with the Environmental Protection Agency, 40 CFR the Coachella Sanitary District has been stockpiling Biosolids at its Wastewater Treatment Facility. As per sections 503.12 and 503.14 those Biosolids have met the EPA`s pollutant and pathogen requirements for land application and surface disposal. We are now required to properly dispose of them at an offsite facility. The last time the Biosoilds were hauled offsite was 2014.
Three contract companies where contacted for bid. Staff checked with other regional Wastewater Treatment Facilities, and the costs provided are in line with those provided for other Facilities in the surrounding area.
Staff solicited three companies to haul a minimum of 2000 tons and properly dispose of the dried Biosolids offsite. Based on the bids received, staff recommends a contract with Ecology.
Ecology $60.25 per ton
Denali $79.00 per ton
H.M. Holloway, Inc. $87.10 per ton
FISCAL IMPACT:
Staff is requesting $132,550.00 from undesignated reserves in the Sanitation Fund be moved to the FY 2023/2024 Operations Budget for Professional Services/Contract Services to complete this task.
Item 20.
Safety-First - It’s better to lose one minute in life... than to lose life in a minute.
Ecology Auto Parts Inc. 14150 Vine Place Cerritos CA 90703 Phone (562) 921-9974 PROPOSAL VALID FOR 30-DAYS
Thursday, February 01, 2024
Attn: City of Coachella
Coachella Sanitary District
87-075 Avenue 54th Coachella CA 92236
Coachella, CA 92236
Email: [email protected]
Phone: (760) 578-9023
Re: Biosolids Stockpile Hauling and Disposal
Dear Mrs. Robert Huerta,
We are pleased to provide you with the proposal below for your review and consideration. The pricing is based on an estimate of 2000-ton stockpile of biosolids. All trucking, loading, loading equipment, and disposal is included in the prices below.
Option A – Disposal of Biosolids Stockpile Material (Based on lab analysis supplied) .
Origin Facility Destination Trailer Type RT Miles Per Ton Coachella Sanitary District Burrtec Salton City Landfill Belt Trailer 70 $60.25 87-075 Avenue 54th 935 W. Highway 86
Coachella, CA Salton City, CA 92275
Option B – Land Application of Biosolids Stockpile material (Pending Ecology’s 3rd party Soils Nutrient Analysis) .
Origin Facility Destination Trailer Type RT Miles Per Ton Coachella Sanitary District Schulz Farms Belt Trailer 400 $81.50 87-075 Avenue 54th Harquahala Valley Rd.
Coachella, CA Tonopah, AZ
*To be billed off of Landfill scale ticket and or certified scale ticket.
Disposal Fee: Included
Standby time: N/A.
Load minimum: N/A.
Fuel Surcharge: Rates include up to $ 4.00 per gallon (fuel base) based on California Department of Energy (DOE) per gallon average. Rate only increases if fuel base is exceeded on DOE index (Gasoline and Diesel Fuel Update - U.S. Energy Information Administration (EIA)), fuel recovery is based per mile. Base fuel – DOE California average = Difference per gall on price (DPGP) DPGP divided by 5mpg = Fuel surcharge Price per mile (FSCPM), multiplied by miles round trip, calculated weekly (FSC006)
Item 20.
Safety-First - It’s better to lose one minute in life... than to lose life in a minute.
Ecology Auto Parts Inc. 14150 Vine Place Cerritos CA 90703 Phone (562) 921-9974 PROPOSAL VALID FOR 30-DAYS
If you have any questions or if I can be of any assistance, please feel free to call me at 562-832-8056. Looking forward to exceeding all expectations!
Sincerely,
Bryan Cannon
Bryan Cannon
Ecology Auto Parts
Acceptance confirmation signature, Please sign, date and email back.
X _________________________________________________
Reference Purchase Order; _____________________________
Item 20.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Cástulo R. Estrada, Utilities Manager
SUBJECT: Authorize the Purchase of 124 Master Meters Ranging in Sizes between ¾ Inches to 10 Inches for an Amount not to Exceed $73,431.00 STAFF RECOMMENDATION:
Authorize the Purchase of 124 Master Meters ranging in sizes between ¾ inches to 10 inches for an Amount not to exceed $73,431.00
DISCUSSION/ANALYSIS:
The City of Coachella and its Coachella Water Authority (CWA) is responsible for the water service for its residents and customers within its service boundary. The water department serves a population of a little over 45,000 and a service area size of approximately 53 square miles.
There are approximately 9,740 (meter) connections to the system.
The existing metering system for CWA is read through an Automated Meter Reading (AMR) and Advanced Metering Infrastructure (AMI) system. Currently staff drives around with a receiver in their vehicle, which polls the meter register for customer usage data. The data is collected by the receiver. Once the staff are done for the day or week, the receiver data is uploaded to the financial system for billing purposes. It takes approximately one day for all of the meters to be read by two Water Operators with the current AMR and AMI system. However, there are meters and registers that have reached end of life and no longer transmit information to the receiver. These meters that no longer register need to be read by hand and requires a tremendous amount of staff time. It typically takes the current water staff several days to complete the list of meters that need to read by hand for each cycle.
The City continuously replaces meters that are no longer capable of being read by either the AMR or AMI systems. The Department keeps inventory for meter replacements and currently requires the purchase of meters.
FISCAL IMPACT:
No fiscal impact, there is funding in the current operations budget.
Item 21.
Visit our Web Site: www.mastermeter.com
101 Regency Parkway
Mansfield, Texas 76063
PH# 800-765-6518
817-842-8000
FAX# 817-842-8100
May 10, 2022
City of Coachella, CA.
Attn: Castulo Estrada
Utilities Manager
760-501-8113
53462 Enterprise Way
Coachella, CA 92236
Dear Mr. Estrada:
On behalf of HydroPro Solutions and Master Meter, Inc. we appreciate the continued opportunity to serve your metering needs.
Please let this correspondence confirm that, beginning June 1, 2022, HydroPro Solutions will be the only authorized waterworks utility distributor for Master Meter in the state of California. This includes Master Meter’s entire product line including but not limited to all sizes and types of water meters, AMR/AMI meter reading system, components, and accessories.
If you should have any questions or require additional information, please don’t hesitate to contact me at 800-765-6518.
Respectfully,
Neal Farmer
Regional Vice President of Sales
Master Meter, Inc.
cc: Ed Amelung, RSM, Master Meter, Inc.
Christopher Lambros, Executive V.P., HydroPro Solutions
Item 21.
HydroPro Solutions, Inc Quotation
DATE March 27, 2024
Quotation # Brian 03-27
Salesperson: Brian Jensen
Phone 949-910-9449
To: Catulo Estrada / Jesus Chabolla Quotation valid until: 60 Days City of Coachella Prepared by: Brian Jensen
53-990 Enterprise Way
Coachella, CA 92236
Qty Description Unit Cost AMOUNT Part Number
Octave Meters SS and Allegro Endpoints
4 3 Inch Ultra Sonic Meter AWWA Lay Length $ 1,797.60 $ 7,190.40 O303-M1-D09 2 4 Inch Ultra Sonic Meter AWWA Lay Length $ 2,583.90 $ 5,167.80 O304-M1-D09 1 8 Inch Ultra Sonic Meter AWWA Lay Length $ 5,465.00 $ 5,465.00 O306-M1-D09 1 10 Inch Ultra Sonic Meter AWWA Lay Length $ 9,988.60 $ 9,988.60 O307-E1-D09 10 Encoder Module w/ 5' Nicor Cable $ 150.55 $ 1,505.50 965-110-56 10 Allegro Pit Unit with 2' Nicor Connector $ 198.71 $ 1,987.10 199-016-80 Sub Total: $ 31,304.40
Tax: $ 2,739.14
Freight: $ 300.00
Total: $ 34,343.54
PLEASE NOTE: This quotation is valid for 60 days. We reserve the right to amend prices after this period.
If required Shipping is ESTIMATED in this quote.
A 2.5% processing fee will be applied for all credit card purchases.
All invoices are due Net 30 per HydroPro Solutions standard terms and conditions 1180 East Francis Street
Ontario, CA 91761
THANK YOU FOR YOUR BUSINESS!
Item 21.
HydroPro Solutions, Inc Quotation
DATE March 27, 2024
Quotation # Brian 04
Salesperson: Brian Jensen
Phone 949-910-9449
To: Castulo Estrada / Jesus Chabolla Quotation valid until: 60 Days City of Coachella Prepared by: Brian Jensen
53-990 Enterprise Way
Coachella, CA 92236
Subject: Proposal City of Coachella Meter Exchange - Phase 3 Meters Standard 2023 Allegro Pricing Quantity
2023 Allegro
Promo (ea)
Promo
Extended Total
Estimate
d Allegro
Savings
With
Promo
5/8" x 3/4" $285.63 0 $243.24 $0.00 15%
3/4" 7-1/2" $305.25 100 $260.00 $26,000.00 15%
1" $386.95 0 $329.54 $0.00 15%
3/4" x 9 x 1" $340.73 0 $290.17 $0.00 15%
1-1/2" Flg. $660.63 12 $562.61 $6,751.32 15%
2" Flg. $855.80 4 $728.82 $2,915.28 15%
Registers Standard 2023 Allegro Pricing Quantity
2022 Allegro
Promo (ea)
Promo
Extended Total
Estimate
d Allegro
Savings
With
Promo
Allegro Register and
Housing $236.70 $201.57 $0.00 15%
Subtotal $ 35,666.60
Tax (8.75%) $ 3,120.83
Freight $ 300.00
Grand Total $ 39,087.43
*Requires RMA for return of products in conjunction with this offer. *NOTE: Requires return of 3G Register (up to 12 years old) or charges will apply RMA for return of 3G Registers Only in conjunction with this offer **NOTE: If 3G register is not returned, charge to customer is $40/register Special Promo Pricing Good thru 60 Days
A 2.5 % processing fee will be applied for all credit card purchases. 1180 East Francis Street
Ontario, CA 91761
Loyal Customer To Allegro Pricing
PLEASE NOTE: This quotation is valid for date
specified. We reserve the right to amend prices after
this period.
If required Shipping is ESTIMATED in this
quote.
THANK YOU FOR YOUR BUSINESS!
Item 21.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
Cesar Lucrecio, Economic Development Technician
SUBJECT: Amendment #1 to the Professional Services Agreement with Deckard Technologies, Inc., of San Diego, California in the amount of $5,000, and Authorize Appropriation of $32,750 for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services
STAFF RECOMMENDATION:
Staff Recommends that the City Council authorize City Manager to execute Amendment #1 to the Professional Service Agreement for Short Term Rental Monitoring, Compliance, Enforcement, and Tax Collection Services with Deckard Technologies, Inc. in the amount of $5,000.
BACKGROUND:
On February 14, 2024, The City entered into an agreement with Deckard Technologies, Inc., to render short term rental monitoring, compliance, enforcement, and tax collection services, for an initial one-year period, with the option to extend the contract for four (4) additional one-year periods. Deckard was selected as the most qualified firm after submitting a competitive proposal and was awarded $27,750.
DISCUSSION/ANALYSIS:
Deckard Technologies, Inc. “Deckard” in response to a municipal request for services related to Transient Occupancy Tax (TOT) collection, submitted for a contract amendment. Upon review with Deckard, it was discovered that the fee for this service, amounting to $5,000, had been inadvertently omitted from the grand total as it was categorized as “optional” service. This oversight was identified, prompting the necessary amendment to the contract to include the omitted fee.
FISCAL IMPACT
Funds have been budgeted to cover the cost of this contract for the portion of the term within FY 23/24. The remainder of the contract period will be included in the 2024/2025 budget request.
The renewal options will be reviewed and approved pending satisfactory performance.
Item 22.
ATTACHMENTS:
1. Exhibit “C” Compensation
2. Amendment #1 – Deckard Technologies, Inc.
Item 22.
Item 22.
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF COACHELLA
AND DECKARD TECHNOLOGIES, INC.
THIS FIRST AMENDMENT ("Amendment") is made and entered into as of April 25th, 2024 by and between the City of Coachella ("City") and Deckard Technologies, Inc. ("Consultant").
In consideration of the mutual covenants and conditions s et forth herein, the parties agree as follows:
1. RECITALS. This Amendment is made with the respect to the following facts and purposes:
a. On or about February 14th, 2024 the City and Consultant entered into that certain agreement entitled "City of Coachella Professional Services Agreement" between the City and Consultant to provide short term rental services in the amount of $27,750. b. The parties now desire to amend the Agreement as set forth in this Amendment.
2. AMENDMENT.
2.1 General Scope of Services. Section 3.1.1 of the Agreement is hereby amended to include the additional “optional” scope of services “Tax Payment Portal” to be performed for the Short Term Rental program under this Amendment No. 1 referenced as EXHBIIT “A”.
2.2 Performance Period. Section 3.1.2 of the Agreement is hereby amended to go into effect on February 14, 2024 contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Agreement Administrator. The Agreement shall end on February 14, 2025, unless extended by Agreement Amendment.
2.3 Compensation. Section 3.3.1 of the Agreement is hereby amended to increase the compensation for all services rendered under this Agreement as set forth in EXHIBIT “B” attached hereto and incorporated herein by reference.
The total authorized compensation for the Amendment No. 1 is in the amount not to exceed Five Thousand Dollars and Zero Cents ($5,000).
The amended total compensation shall not exceed Thirty-Two Thousand Seven Hundred and Fifty Dollars and Zero Cents ($32,750) without written approval of the City’s representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this agreement.
2.4 Continuing Effect of Agreement. Except as amended by this Amendment, all
Item 22.
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, itshall mean the Agreement as amended by this Amendment.
2.5 Adequate Consideration . The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
2.6 Counterparts. This Amendment m a y be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS THEREOF, the parties have executed this Amendment as of the day and year first set forth above, which date shall be considered by the parties to be the effective date of this Amendment.
CITY OF COACHELLA DECKARD TECHNOLOGIES, INC.
By:____________________________ By:_________________________ Gabriel Martin Name
City Manager Title
By: ________________________________
Carlos Campos, City Attorney
Attest: ___________________________________
Angela Zepeda, City Clerk
Item 22.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Ruben Ramirez, Controller
SUBJECT: Resolution No. 2024-12, Approving Mid-Year Budget Adjustments for Fiscal Year 2023-24
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the mid-year budget adjustments outlined below and adopt Resolution No. 2024-12, amending the fiscal year 2023-2024 budget.
BACKGROUND:
As the City approached the middle of the fiscal year, City finance staff evaluated the adopted budget, revenue projections, and economic conditions for the remainder of the fiscal year. It is standard procedure to perform a mid-year review of the City's budgetary and financial position to ensure any deviations from the initial budget projections are proactively addressed. Staff also reviews requests for appropriations to address new priorities that are unfunded or underfunded.
DISCUSSION/ANALYSIS:
Revenues
Recommended mid-year budgeted revenue Increases:
General Fund – Revenues
o Property Taxes $30,000.00
o Increase in Measure U tax $500,000.00
o Increase in Use Sales Tax $200,000.00
o Cannabis – cultivation $50,000.00
o Cannabis – retail $150,000.00
Water District – Revenues
o Increase - Grants $196,183.00
Item 23.
Sanitary District – Revenues
o Increase - Utility service revenue $350,000.00
o Decrease – Connection fees ($550,000.00)
Expenses
Recommended mid-year budgeted expenditure increases/(decreases):
General Fund – Expenses
o Decrease in other professional fees ($30,000.00)
o Increase in public safety $63,000.00
o Decrease in advertisement ($8,500.00)
o Increase in meetings and conferences $11,300.00
o Increase in supplies $2,150.00
o Increase in debt service $150,629.00
The increase in safety includes one traffic officer starting in May or earlier. Sanitary District – Expenses
o Administrative expenses $120,000.00
FISCAL IMPACT:
Approval of these mid-year budget adjustments will have the following fiscal impacts:
General Fund
o Fund balance – net increase $1,161,421.00
Water District Fund
o Net position – net increase $196,183.00
Sanitary District
o Net position – net decrease ($320,000.00)
ATTACHMENTS:
1. Resolution 2024-12 - Amending the budget for fiscal year 2023-2024
Item 23.
RESOLUTION 2024-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council of the City of Coachella may authorize amendments to the Fiscal Year 2023-2024 budget as financial conditions change and City needs arise.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The budget for the Fiscal Year, commencing July 1, 2023 and ending June 30, 2024, shall be amended to incorporate budget adjustments detailed in attachment BA2324-030.
SECTION 2. All obligations and expenditures shall be incurred and made in the manner provided by and pursuant to State laws and City ordinances, resolutions, and policies related to purchasing and contracting.
PASSED, APPROVED and ADOPTED this 24
th day of April 2024.
_______________________
Steven A. Hernandez
Mayor
ATTEST:
_________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________
Carlos L. Campos
City Attorney
Item 23.
Resolution No. 2024-12
STATE OF CALIFONIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2024-12 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 24th day of April 2024 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Delia Granados,
Deputy City Clerk
Item 23.
DATE BA2324-030
04/24/24
ACCOUNT NO. R Amount
101-11-110-10-301-000 30,000
101-11-110-10-310-000 500,000
101-11-110-10-313-000 350,000
101-11-110-10-320-000 200,000
101-11-110-10-322-000 120,000
101-11-110-10-332-000 50,000
101-11-110-10-335-000 100,000
178-21-447-30-330-000 196,183
360-21-211-40-342-000 (500,000)
361-21-211-40-344-000 300,000
Total Revenue Budget Adjustments 1,346,183
ACCOUNT NO. E Amount
101-11-111-10-580-000 11,300
101-11-141-10-334-000 (30,000)
101-11-141-10-540-000 (8,500)
101-11-141-10-540-000 2,150
101-11-150-10-350-500 63,000
101-11-199-23-910-195 150,629
361-21-115-10-310-000 120,000
Total Expenditure Budget Adjustments 308,579
NET CHANGE 1,037,604
REQUESTED BY:
AMENDMENT NO.
BA2324-030
Sales Tax - Bradley Burns
Bureau of Rec Advanced Meter W-47
Cannabis - retail
Cannabis - Cultivation
Utility Service Revenue
Connection Fees
2023-24 Mid-year budget adjusmtment.
FINANCE
Ruben Ramirez
Controller
ORDINANCE NO.
N/A
Patrol deputies
Transfers-out - Energy Improvement
Official/administrative
EXPLANATION
Other professional/contract services
Advertising
General supplies
TOT-Short Term Vacation Rentals (9%)
EXPENDITURE
Meetings, conferences and travel
REQUEST FOR BUDGET
ADJUSTMENT/AMENDMENT
REVENUE
Property Taxes - Secured
Sales and Use Tax 1% (Measure U-415)
Utility Users Tax
ADMINISTRATIVE
BUDGET ADMENDMENT/ADJUSTMENT
FUNDS AVAILABLE FOR TRANSFER
BA2324-030
\\coc-ntserver16\Finance\Budgets\Mid-Year Budgets\Budget Mid-Year 2023-24\Budget Adjustments\2023-24 Mid-year budget adjustment.xlsx
Item 23.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Proposed Chelsea Investment Corporation Sixth Street Senior Apartments Architectural Style Options
STAFF RECOMMENDATION:
Staff recommends that the City Council review architectural style and massing configuration options for the proposed Sixth Street Senior Apartments and provide direction.
BACKGROUND:
Chelsea Investment Corporation has constructed affordable housing projects in the City of Coachella that includes the 144-unit multifamily Cesar Chavez Villas Apartments and two Downtown 6th Street mixed use affordable housing developments, which include the 105-unit Pueblo Viejo Villas and the 108-unit Covalda Apartments. The City of Coachella partnered with Chelsea Investment Corporation (Chelsea) for the Strategic Growth Council Transformative Climate Communities (TCC) grant application for the development of a new 4-story affordable housing development project on two existing vacant parcels of 0.86 acres on 6th Street (SEC of Tripoli Avenue and 6th Street) that conceptually includes 53 affordable senior apartment units ranging in size from 578 sq. ft. (1 bedroom) to 733 sq. ft. (2 bedroom), 1st floor commercial Space of 4,742 sq. ft., a Community Room of 1,545 sq. ft. and up to 25 On-Site Parking Spaces. With the approval of the TCC grant in November 2023, Chelsea is now preparing a formal architectural package submittal. Due to the location of the proposed project in a central part of the Pueblo Viejo District, staff believes it is essential to ensure high quality architectural design and optimal functionality of the commercial components that enhances the experience for residents and visitors to 6th Street consistent with the Pueblo Viejo Revitalization Plan and General Plan goals. Staff believes this is an opportune time for the City Council to weigh in and communicate design expectations of the project before a formal submittal is made.
DISCUSSION/ANALYSIS:
The Pueblo Viejo Implementation Strategy Plan was adopted October 2019 and includes design guidelines to ensure that new development and reuse of existing buildings will create a new, dynamic, harmonious, and unique downtown of which all citizens can be proud. Four primary architectural styles are explicitly allowed – Spanish Colonial Revival, Mission Revival, Neoclassical, Postmodern/Architectural Innovation. The variety of permitted architectural styles
Item 24.
derive from the existing eclectic nature of architectural styles in the Pueblo Viejo District. There is a common misconception that there is a requirement of Spanish architectural style on Sixth Street as many of the City’s newer buildings incorporate Spanish Colonial Revival design including the Coachella Library, Fire Station, Senior Center, Coachella Kidney Institute, Riverside County Department of Public Social Services, Tranvia Restaurant, Pueblo Viejo Villas and Covalda Apartments. The proposed development is located in the Sixth Street Subarea that envisions a walkable “main street” environments with higher densities and multi-story structures incorporating significant details in the building’ architecture, especially the ground floor.
Businesses under the guidelines should have high-quality pedestrian-scale frontages to offer a rewarding experience for pedestrians.
Chelsea Investment Corporation Sixth Street Senior Apartments proposals Staff suggested that conceptual architectural proposals for the proposed Sixth Street Senior Apartments project be presented to the City Council in advance of a formal submittal in order to receive feedback on the desired architectural style at the proposed Coachella Downtown area location. Staff communicated to the Chelsea team the importance of ensuring high quality architectural design for the new project and ground floor commercial that can be successful and a vibrant addition to Coachella’s Downtown. Staff particularly stressed the importance of high first floor commercial ceilings consistent with Pueblo Viejo plan, which encourages 15-foot first floor ceilings. Both Chelsea’s Pueblo Viejo Villas and Covalda projects are constructed at a 9-foot first floor height, which has resulted in marginal commercial spaces with exposed piping and AC equipment that project below the ceiling. The Pueblo Viejo Villas commercial spaces were unable to attract retail business leases that open beyond 5 p.m. and contribute to a thriving downtown.
One commercial space remains vacant. Staff requests that the new project provide a first floor height of at least 13 feet and that a minimum of once space at either building corner include a higher ceiling height that could be facilitated by removing the planned second floor unit. Staff has also conveyed that some of the commercial tenant spaces allow for potential restaurant food service, which were not incorporated into the Pueblo Viejo Villas or Covalda projects.
The ultimate height proposed for the project is approximately 55 ft for the Spanish Colonial Revival style and 51 feet for the modern design. Both concepts would proposed a stepped approach to the 4th story level to reduce the massing impacts of the project although the ultimate height permitted is five stories or 75 feet, whichever is less. The Building Official has requested that universal design and age in place practices be planned with the initial design stages of the project.
Chelsea initially provided a Spanish Colonial Revival project design for City staff to review. Staff communicated the need for incorporating design elements that ensure the high-quality architectural design expectations of the Pueblo Viejo Plan. Staff has concerns that the proposed conceptual Spanish design repeats key design elements that have already been proposed in the Pueblo Viejo Villas and Covalda Apartments project and does not include high quality design features such as smooth stucco, rounded corners, ample individual double barrel mortar packed roof tile, and recessed windows. The Chelsea team has contended previously that such elements add too much cost to the project. The proposed Spanish designs exhibit more modern design with a dominant flat roof parapet design and flush windows. Staff conveyed that strategic placement of high-quality
Item 24.
design features could allow for a more streamlined and affordable Spanish Colonial Revival design. The design team for Chelsea has provided two conceptual architectural plans, which include a Spanish Colonial Revival design versus a modern design.
Figure 1: Conceptual Front Elevation of Spanish Colonial Revival architectural design Staff suggested that Chelsea attempt a modern design option for review by the City Council, as such designs are more affordable streamlined design with characteristic flat roofs and flush windows. The proposed modern design incorporates a more vertical orientation, no balconies, and vertical awnings. The ground floor retail incorporates narrow windows that appear to be less characteristic of a dynamic storefront.
Figure 2: Conceptual Front Elevation of Modern architectural design
CONCLUSION AND RECOMMENDATION
The proposed Senior Apartment project location is one of the few remaining vacant sites on 6th Street and ensuring a well-designed project is critical to the Pueblo Viejo District’s vitality. Staff has observed that this easterly portion of 6th Street does not have a lively pedestrian environment and that this project can contribute in ensuring the City’s goals and policies for the Pueblo Viejo district are met. Staff request the City Council:
Review architectural style and massing configuration options for the proposed Sixth Street Apartments and provide direction.
Provide feedback on expectations for the ground floor commercial component.
The provided renderings are conceptual in nature and further design refinements will be necessary before a formal architectural package is submitted to the City for consistency with the City’s objective design standards for multi-family development.
Attachments:
1. Proposed architectural options (Spanish Architecture vs. Modern Design)
2. Photos of first floor commercial Pueblo Viejo Villas and Covalda Apts
Item 24.
3. Existing Conditions Photos
4. CA Statewide Recent Affordable Housing examples
5. Vicinity Map
Item 24.
Item 24.
Item 24.
Item 24.
Photos of first floor commercial Pueblo Viejo Villas and Covalda Apts Unleased Commercial space in Pueblo Viejo Villas
Unleased Commercial space in Pueblo Viejo Villas
Item 24.
Unfinished Commercial Space in Covalda Apartments
Item 24.
Existing Conditions Photos
6TH Street View looking East
Covalda Apartments (West of subject site)
Item 24.
6th Street frontage from subject site
DPSS County building across from subject site
Item 24.
View looking west toward subject site, Covalda Apt and Pueblo Viejo Villas
Item 24.
Recent Affordable Housing Project examples throughout California Paseo Artist Village – Community Housing Works 2022
https://timesofsandiego.com/business/2022/10/02/mixed-use-affordable-housing-opens-in-vista-withdual-purpose-of-stoking-interest-in-arts/ Emeryville - https://ktgy.com/4300-san-pablo-ave-sustainability-complements-affordability-inmultifamily/
Item 24.
Crenshaw Crossing - $50 million award from SGC
https://inthebuildingla.com/crenshaw-crossing-set-to-break-ground-in-2024-following-50m-awardfrom-the-state/
Item 24.
Florence Mills Apartments https://labusinessjournal.com/business-journal-events/2022-commercialreal-estate-awards-affordable-housing/ Dana Strand Senior Apartments – Los Angeles
Dana Strand Senior Project roof plan
Item 24.
Santa Clara Apartments – Santa Clara
Placita Dolores Huerta - Coachella
Item 24.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Recommend re-establishing park user fee schedule.
STAFF RECOMMENDATION:
Provide direction on Park User Fee Schedule.
EXECUTIVE SUMMARY:
The below park user fees were adopted in 2011 and have varied annually based on City Council direction.
Coachella Park User Fee Schedule
Fee Type Approved Fee Per Hour
o Park Usage– $31.50
o Stage Reservation– $187.00 per day
o Sport Field Permit- $8.00
o Sports Lighting- $18.00
o Sports Diamond- $194.00
o Snack Bar- $187.00 per season
The City Council approved reduction of the city’s park user fees to no fee in April 2022 and in April 2023 recommended the same. Discussion by the City Council in April of 2022, was spurred by interest to assist sports leagues to reduce their registration fees. After this action was taken by the City Council only one of the four sports leagues using the city’s park facilities decreased their registration fees.
As a part of the above action the City Council also asked that the park fees be re-evaluated annually. This item is also reviewed annually by the Parks and Recreation Commission and they also recommended no increase to the park user fees; the Commission reviewed this item at their April 16th meeting.
Staff is recommending returning park use fees to 50% as of August 1, 2024 for non-resident rentals and to 100% January 2025 for non-resident rentals. All cities in the Coachella Valley recover some costs towards for park uses for both residents and non-residents; staff is recommending some cost recovery for non-resident uses.
Item 25.
FISCAL IMPACT:
The recommended action will result in an estimated $120,000 increase in estimated revenues annually.
ALTERNATIVES:
1. Recommend reducing park fee schedule to reflect another fee percentage.
2. Recommend park fee schedule remain as it exists – 0% fee collection for all users.
Item 25.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Approve execution of Facility Use Agreement between the City and Super Bailes LLC and authorize operation of a beer garden on Saturday, May 18, 2024 at Rancho Las Flores Park from 6pm-1am.
STAFF RECOMMENDATION:
Approve execution of Facility Use Agreement between the City and Super Bailes LLC and authorize operation of a beer garden on Saturday, May 18, 2024 at Rancho Las Flores Park from 6pm-1am.
EXECUTIVE SUMMARY:
The City of Coachella received a special event permit and facility use permit to host a ticketed outdoor music festival on May 18, 2024 at Rancho Las Flores Park. As the applicant has requested use of the city’s park facility for a ticketed event the city and the Permittee (Super Bailes LLC) have negotiated a facility use agreement. Attached for approval is the proposed Facility Use Agreement between the City of Coachella and Super Bailes, LLC (permittee); the primary terms of the agreement are as follows:
- Use of Rancho Las Flores Park by permittee from May 16, 2024 – May 20, 2024 (at noon). - Permittee shall not allow more than Four Thousand (4,000) attendees at the Event. - All outside equipment shall be approved by the City at least 24 hours prior to Event.
Equipment includes, but it is not limited to, the trailer stage, tents, temporary flooring, lights, sound, etc.
- Overnight storage on City’s Property is done at the sole risk of the Permittee. - Permittee shall contract directly with the Riverside County Sherriff’s Department for public safety assistance.
- Permittee shall ensure that event set-up and tear down provides for complete pedestrian and traffic safety.
- Permittee shall acquire all required City/County/State permits. - Convenience fee for cost recovery of park use = permittee shall pay to the City Four Dollars ($4.00) per admission ticket sold (General or VIP) and Two Dollars ($2.00) per parking pass sold for the Event. Payment of the Compensation, if applicable, shall be made to City by May 28, 2024.
Item 26.
The proposed event has also identified a beer garden. Staff is requesting authorization to allow the operation of a beer garden on May 18, 2024 at Rancho Las Flores Park from 6pm-1am.
FISCAL IMPACT:
None.
Attachments: Proposed Facility Use Agreement
Item 26.
75075.00100\42208907.1
1 FACILITY USE AGREEMENT
BETWEEN THE CITY OF COACHELLA
AND SUPER BAILES, LLC
This Facility Use Agreement (“Agreement”) is made and entered into as of this 24th day of April, 2024 (“Effective Date”) by and between the City of Coachella, a California general law city and municipal corporation (“City”), and Super Bailes, LLC dba Frias Presents, a California limited liability company with its principal place of business at 21601 Balerma, Mission Viejo, CA 92692 (“Permittee”). City and Permittee are sometimes individually referred to herein as “Party” and collectively as “Parties.”
RECITALS
A. City is the owner of Rancho Las Flores Park situated in the City of Coachella, California, located at 48-400 Van Buren St, Coachella, CA 92236 (“City’s Property”).
B. Permittee desires, and City is willing to permit Permittee, to use the City’s Property for the purpose of a Latin Music Festival, an outdoor music festival which will include set up and use of a trailer stage (40’W x 40’D x 25”H (Floor to Top of Structure), musical performances, merchandise sales, food and beverage concessions, and use of the public parking lot (“Event”).
Permittee desires to use all of the City’s Property for said Event. A copy of the location map and site plan is attached hereto as Exhibit “A.”
In consideration of the mutual promises of the Parties set forth herein and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, City and Permittee hereby agree as follows:
TERMS
1. Facility Use. The City hereby grants to Permittee a temporary, non-exclusive Use Permit (“Permit”) in, on, across, and over the City’s Property for the purpose of permitting the Event.
Nothing herein shall be deemed or construed to be a limitation upon the City’s right to use the City’s Property in any manner it deems acceptable. Nothing herein shall be deemed or construed to grant to Permittee any interest in the City’s Property. The Permit shall be subject to the following restrictions:
1.1 Permittee shall not allow more than Four Thousand (4,000) attendees of the Event.
1.2 All outside equipment shall be approved by the City at least 24 hours prior to Event.
Equipment includes, but it is not limited to, the trailer stage, tents, temporary flooring, lights, sound, etc.
1.3 Permittee shall provide at least 40 portable/mobile toilets with some that are Americans with Disabilities Act (“ADA”) Accessible in both GA and in VIP areas. Restrooms shall be located within the park site and shall not be located within the parking lot.
1.4 Overnight storage on City’s Property is done at the sole risk of the Permittee.
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2 1.5 Permittee shall contract directly with the Riverside County Sherriff’s Department for public safety assistance.
1.6 Permittee shall ensure that event set-up and tear down provides for complete pedestrian and traffic safety.
1.7 Parking
(a) Permittee shall ensure that all vehicles utilize available parking spaces for unloading and loading; no double parking, no parking in red curb or restricted parking areas shall be allowed.
(b) Permittee’s vehicles may be driven into/onto all accessible areas of City Property for loading and unloading. Permittee shall insure that other vehicles shall not be driven into/onto areas of the City’s Property, other than the parking lot.
1.8 Health and Safety Conditions.
(a) A site plan shall be submitted to the City in PDF format (see Exhibit “A”).
Information shall include: Event name and date(s); dimensions of stage, booths, tents, generators, etc.; expected number of attendees; vendor booth locations (specifically identify alcohol sales); identification of any cooking booths using open flame devices; fences; exits; fire hydrant locations. (b) Permittee shall ensure that the public streets, parking lot lanes, and access roadways shall not be obstructed in any manner including the parking of vehicles that will reduce the fire department access road to a width of less than 20 feet. (c) Permittee shall ensure no person shall stop, park, or leave standing any vehicle, or place a vendor booth/display, within 15 feet (7.5 feet on either side) of a fire hydrant. (d) Permittee shall ensure all food vendors utilizing open flame cooking devices (grills, barbeques, stoves, ovens, woks, kettles, deep-fryers, etc., have the appropriate fire extinguisher with a current State Fire Marshal service tag attached (serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is required. In addition, any food vendor that deep-fry’s food or uses solid fuel for cooking such as charcoal, wood, etc. shall have a “Class K” UL rated 2A:K wet chemical fire extinguisher. (e) Permittee shall ensure all vendors utilizing open flame devices (LPG heaters, candles, etc.), have the appropriate fire extinguisher with a current State Fire Marshal service tag attached (serviced within the past 12 months). A 2A-10B:C minimum rated dry chemical fire extinguisher is required.
(f) Permittee shall provide City with the California Department of Alcoholic Beverage Control authorization for alcohol sales at the Event.
1.9 Compliance with City and State Codes.
(a) Permittee shall ensure that the Event site plan is at all times in accordance with the site plan approved by the City and Riverside County Fire Department.
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3 (b) Permittee shall ensure that the Event, including all preparation, set-up, and tear down activities, complies with all applicable laws, ordinances, and regulations set forth by City, County, State, and Federal authorities.
(c) Event-related lighting and electrical system installation shall comply with applicable Building Codes.
(d) Permittee shall ensure that any temporary tents installed at the event comply with all Riverside County Fire Department rules and regulations at all times. (e) Permittee shall ensure any food preparation or sales must adhere to all Riverside County Fire Department and Riverside County Health Department rules and regulations at all times.
(f) Permittee shall not allow any food and beverage concession to operate that does not have approvals from the County of Riverside, Department of Public Health.
1.10 Permittee shall maintain the City Property in a safe, clean and sanitary manner throughout the Event, including placing all garbage, cans, bottles, papers or other refuse is the appropriate receptacles.
1.11 Permittee shall ensure all exterior lighting is oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties or onto adjoining streets.
2. Compensation. As consideration for the issuance of this Agreement and Permit, Permittee shall pay to the City Four Dollars ($4.00) per admission ticket sold (General or VIP) and Two Dollars ($2.00) per parking pass sold for the Event (“Compensation”). Payment of the Compensation, if applicable, shall be made to City by May 28, 2024 (“Payment Due Date”).
3. Records, Audit, Final Report. Permittee agrees to employ an electronic ticketing and parking pass system, which shall be capable of real time tracking and reporting of sales. City shall have the right to audit the sales records of Permittee with reasonable notice, during normal business hours, to ensure compliance with the financial terms of this Agreement. Permittee is required to provide City with a final sales report, detailing the total number of admission tickets and parking passes sold by or before the Payment Due Date.
4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on May 20, 2024. The Permit shall commence on May16, 2024 at 8:00 AM and shall terminate on Monday, May 20, 2024 at 12:00 PM. The Event hours (not including set up and tear down) are as follows: May 18, 2024 at 6:00 PM through May 19, 2024 at 1:00 AM. Event load in and set-up may occur on May 16-17, 2024, between the hours of 8:00AM and 8:00 PM daily.
Event tear-down and load out may occur on May 19-20, 2024 between the hours of 8:00 AM and 8:00 PM on May 19 and between 8:00 AM and 12:00 PM on May 20. By 12:00 PM on May 20, 2024, Permittee shall cease using the City’s Property and shall surrender the City’s Property to the City in substantially the same condition as when received, including placing all garbage, cans, bottles, papers or other refuse is the appropriate receptacles.
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4 5. Relocation of Event. In the event Permittee wishes, or is required by City, to relocate its Event to a location other than the City’s Property, such relocation shall be subject to the availability of another location and performed at Permittee’s sole cost and expense.
6. Damage to City’s Property.
6.1 Permittee, its officers, employees, contractors, subcontractors, agents, and volunteers shall not damage the City’s Property or commit waste thereon. Permittee shall, at its sole cost and expense and to the satisfaction of the City, keep the Premises clean and neat in appearance and maintained in the condition as of the Effective Date. Permittee will at all times operate its activities in an effort to prevent inconveniences of noise, parking problems, etc., to surrounding neighbors. Standards of noise, traffic, parking, etc., will comply with the Coachella Municipal Code.
6.2 Upon the cancellation, expiration, or termination of this Agreement, Permittee shall surrender the City’s Property in the same condition as received free from hazards and clear of all debris and of all property of Permittee or its officers, employees, contractors, subcontractors, agents, and volunteers. Permittee shall promptly, at its sole cost, repair any and all damage to City’s Property and any personal property located thereon caused by Permittee or its officers, employees, contractors, subcontractors, agents, and volunteers. Permittee shall obtain City’s prior approval of any party to be used by Permittee to conduct such repair work. If Permittee damages City’s Property or any personal property, the final repair costs owed by Permittee shall be determined by the City, and shall be paid by Permittee within five (5) days of City’s demand therefor. Permittee’s obligations under this Section shall survive the cancellation, expiration, or termination of this Agreement.
7. Indemnification. To the fullest extent permitted by law, Permittee shall defend (with counsel approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers (“Indemnified Parties”) free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, and claims relating to violations of the “ADA” (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Permittee, its officials, officers, employees, subcontractors, consultants or agents in connection with the Permittee’s use and occupation of, or the condition of, the City’s Property during the term of the Agreement. City shall promptly notify Permittee of any such claim, action, or proceeding against City and the Permittee shall either undertake defense of the matter and pay the City’s associated legal costs or will advance funds to pay for the City’s defense of the matter. Permittee’s obligations under this Section shall survive the cancellation, expiration, or termination of this Agreement.
8. Insurance. As a condition precedent to the effectiveness of this Agreement and without limiting the indemnity provisions of this Agreement, Permittee shall obtain and maintain in full force and effect at all times that Permittee is occupying or using the City’s Property and shall provide City with original certificates of insurance in the following amounts and coverage:
8.1 Commercial General Liability Insurance which affords coverage at least as broad as the latest version of Insurance Services Office “occurrence” Form CG 0001 with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage.
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5 If written with an aggregate, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
8.2 The Indemnified Parties shall be named as additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. The “Additional Insured Endorsement” shall be on a form similar to Insurance Services Office Endorsement Form CG 2010 and contain no other modifications to the policy.
8.3 The Commercial General Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.
8.4 The Commercial General Liability Insurance shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium.
8.5 The Commercial General Liability Insurance shall be obtained from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
9. Waiver of Claims.
9.1 Neither City nor any of its commissions, departments, boards, officers, agents or employees shall be liable for any damage to the property of Permittee, its officers, agents, employees, invitees, Permittees or subcontractors, or their employees, or for any bodily injury or death to such persons, or for any other loss, resulting or arising from the condition of the City’s Property or its use by Permittee.
9.2 Permittee fully releases, waives and discharges forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissions, officers, directors and employees, and all persons acting by, through or under each of them, under any present or future laws, statutes, or regulations, (i) for any claim or event relating to the condition of the City’s Property or Permittee’s use thereof, an (ii) in the event that City exercises its right to suspend, revoke or terminate this Agreement.
9.3 In connection with the foregoing release, Permittee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
9.4 Permittee acknowledges that the releases contained herein include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Permittee realizes and acknowledges that it has agreed upon this Agreement in light of this realization and, being
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6 fully aware of this situation, it nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained herein shall survive any cancellation or termination of this Agreement.
10. Termination. This Agreement may be terminated by either Party upon breach of any terms herein, with two (2) days written notice to the breaching party, subject to the right of the breaching party to cure the breach within 24 hours. City may immediately terminate this Agreement and the Event shall be immediately discontinued should the Riverside County Fire Marshal determine occupancy, exiting or other safety issues require such action and the City shall not be liable to refund any of the Compensation.
11. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the Parties hereto. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision.
12. Governing Law. This Agreement shall be governed by the laws of the State of California.
Venue shall be in Riverside County.
13. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. However, Permittee shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
14. Attorney’s Fees. Should either Party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney’s fees, expenses and costs of suit. The provisions of this Section shall survive the entry of judgment and may be enforced through a separate recovery action.
15. Time of Essence. Time is of the essence for each and every provision of this Agreement.
16. Notices. All notices permitted or required hereunder shall be given to the respective Parties at the following address or at such other address as the respective Parties may provide in writing for this purpose:
City of Coachella Super Bailes, LLC
53990 Enterprise Way,
Coachella, CA 92236
Attn: City Manager
21601 Balerma,
Mission Viejo, CA 92692
Attn: Elvis Frias
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the applicable address.
17. Authority to Enter Agreement. Permittee has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the
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7 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each representative party.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written.
CITY OF COACHELLA SUPER BAILES, LLC
By: _________________________ By: _________________________ Gabriel D. Martin, City Manager Elvis Frias
Owner
Attest:
By: _________________________
City Clerk
Approved as to form:
By: _________________________
Best Best & Krieger LLP
City Attorney
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SACRAMENTO\TRG\10327
B-1
EXHIBIT “A”
LOCATION MAP AND SITE PLAN
Item 26.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Economic Development Director
SUBJECT: Adopt Resolution No. 2024-03 Authorizing the City Manager to Apply for, Accept, and Execute a Partnership Agreement Including All Grant Related Documents to the Environmental Protection Agency (EPA) for the Climate Justice Community Change Grant Program in the Amount Not-to-Exceed Twenty Million ($20,000,000) Dollars for its “Coachella Prospera” Application STAFF RECOMMENDATION:
Staff recommends that the City Council considers adopting Resolution No. 2024-03 authorizing the City Manager to apply for, accept, and execute a Partnership Agreement including all grant related documents to the Environmental Protection Agency (EPA) for the Climate Justice Community Change Grant Program in the amount not-to-exceed twenty million ($20,000,000) dollars for its “Coachella Prospera” application. This grant application will help bridge the funding gap in its Transformative Climate Communities grant award.
BACKGROUND:
The Environmental and Climate Justice Community Change Grant program (Community Change Grants) offers an unprecedented opportunity to transform disadvantaged communities across the United States into healthy, climate resilient, and thriving communities for their current and future residents. The Community Change Grants will fund community-driven projects that address climate challenges and reduce pollution while strengthening communities through thoughtful implementation. The historic levels of support provided by these grants will enable communities and their partners to overcome longstanding environmental challenges and implement meaningful solutions to meet community needs now and for generations to come.
The Community Change Grants will support comprehensive community and place-based approaches to redressing environmental and climate injustices for communities facing legacy pollution, climate change, and persistent disinvestment. These concentrated local investments will fund community-driven, change-making projects that center collaborative efforts for healthier, safer, and more prosperous communities. Designed with meaningful community, Tribal, and other stakeholder involvement, the investments EPA makes through the Community Change Grants are intended to achieve the following objectives:
Item 27.
1. Provide resources for community-driven projects to address environmental and climate challenges in communities facing disproportionate and adverse health, pollution, and environmental impacts, and suffering from generations of disinvestment.
2. Invest in strong cross-sectoral collaborations with partners who bring a robust commitment to working with and for communities with environmental and climate justice concerns.
3. Unlock access to additional and more significant resources to advance environmental and climate justice goals from across the federal government and other sources.
4. Empower communities and strengthen their capacity to drive meaningful positive change on the ground for years to come.
5. Strengthen community participation in government decision-making processes that impact them.
EPA anticipates awarding approximately $2 billion in funding through this NOFO, depending on funding availability, quality of applications received, EPA priorities, and other applicable considerations. EPA will consider applications under two separate tracks.
DISCUSSION/ANALYSIS:
The City of Coachella is submitting a Track I Application in a not-to-exceed $20 million dollars, which will feature community-driven investments for change and will feature multi-faceted Climate Action and Pollution Reduction Strategies to meaningfully improve the environmental, climate, and resilience conditions affecting the City of Coachella, a disadvantaged community.
Awards under Track I are expected to be between $10-20 million each and cannot exceed $20 million. EPA expects to award approximately $1.96 billion for approximately 150 Track I awards.
In addition, EPA is introducing several features to enhance community involvement and ease the application process:
▪ Rolling Applications. EPA will allow applications to be submitted on a rolling basis over a 12-month period, through November 21, 2024, and will permit applicants to resubmit an unsuccessful application after a debriefing with the agency. Further details about the rolling application and resubmission process are in Sections II and V. ▪ Fast-Tracked Approach. EPA will review and expeditiously select high-quality applications to deliver results and benefits to disadvantaged communities. Further information is in Section V.
▪ Indirect Costs Limitation. As further described in Appendix G, there is a 10% cap on indirect costs for certain recipients and subrecipients. ▪ Track I Two-Phase Evaluation Process. Applicants for Track I whose applications score
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well following the written application review will be invited to participate in an oral presentation, at which they will have an opportunity to share information about the community-oriented nature of their projects and how they will successfully implement the grant.
The project partners include:
1. City of Coachella (Lead Agency)
2. GRID Alternatives Inland Empire;
3. Southern California Mountains Foundation (Urban Youth Conservation Corps);
4. Bound Corporation;
5. Center for Employment Training;
6. The LEAP Institute;
7. Alianza Coachella Valley (Statutory Partner);
8. Desert Recreation District;
9. Kounkuey Design Initiative; and the
10. University of California Regents
The Coachella Prospera proposal will include the following Track I application requirements:
Climate Action Strategy
▪ Green Infrastructure and Nature-Based Solutions
▪ Mobility and Transportation Options for Preventing Air Pollution and Improving Public Health and Climate Resilience
▪ Energy Efficient, Healthy, and Resilient Housing and Buildings ▪ Community Resilience Hubs
▪ Workforce Development Programs for Occupations that Reduce Greenhouse Gas Emissions and Air Pollutants
Pollution Reduction Strategies
▪ Outdoor Quality and Community Health Improvements
Community Engagement and Collaborative Governance Plan
▪ Community Outreach and Engagement Efforts
▪ Collaborative Governance Plan (Partnership Agreement) Community Strength Plan
▪ Advancing environmental justice will require investing in and supporting culturally vibrant, sustainable, and resilient communities in which every person has safe, clean, and affordable options for housing, energy, and transportation. It is also necessary to prioritize building an equitable, inclusive, and sustainable economy that offers economic opportunities.
▪ Business Opportunities
▪ Job Opportunities
▪ Financial Savings
▪ Displacement Avoidance
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Readiness Approach
▪ Government Approvals
▪ Federal Requirements for Construction Projects
▪ Alignment with Existing Plans
▪ Site Control
▪ Operations and Maintenance
Compliance Plan
▪ Ensure compliance with the grant’s terms and conditions, including 2 CFR § 200.302(b) (financial management), 2 CFR § 200.303 (internal controls), and 2 CFR § 200.332 (requirements for pass-through entities); and
▪ Manage broader legal and compliance risks.
FISCAL IMPACT
Submission of this grant application has no fiscal impact on the City of Coachella.
ATTACHMENTS:
1. Resolution No. 2024-03
2. Partnership Agreement
Item 27.
RESOLUTION NO. 2024-03
A RESOLUTION OF THE CITY OF COACHELLA, CALIFORNIA, AUTHORIZING
THE SUBMISSION OF AN APPLICATION TO THE COMMUNITY CHANGE GRANT PROGRAM ADMINISTERED BY THE U.S. ENVIRONMENTAL PROTECTION
AGENCY IN PARTNERSHIP WITH THE OFFICE OF ENVIRONMENTAL JUSTICE
AND EXTERNAL CIVIL RIGHTS AUTHORIZING THE CITY MANAGER TO APPLY
FOR, ACCEPT AND EXECUTE ALL RELATED DOCUMENTS FOR GRANT FUNDS IN AN AMOUNT NOT TO EXCEED TWENTY MILLION ($20,000,000) DOLLARS, FOR
PROJECTS WITHIN THE COACHELLA PROSPERA PROPOSED PROJECT AREA
AND AUTHORIZING THE EXECUTION OF A PARTNERSHIP AGREEMENT AND
ALL OTHER REQUIRED DOCUMENTS
WHEREAS, the U.S. Environmental Protection Agency (“Grantor”), through the Office of Environmental Justice and External Civil Rights, has heretofore invited public agencies, including the City of Coachella (“City”) to submit applications to the Grantor for the Fiscal Year 2023-2024 Environmental and Climate Justice Community Change Grants Program (“Grant”) via a Notice of Funding Availability (“Notice”) dated November 21, 2024 (updated February 12, 2024); and
WHEREAS, in response to this Notice, the City wishes to apply to the Grantor for, and receive an allocation of, the Grant funds; and
WHEREAS, the City has determined that it is in the best interests to submit an application for Grant funds to transform the city of Coachella, a disadvantaged community, into a healthy, climate resilient, and thriving community for its current and future residents. The Community Change Grants will fund community-driven projects that address climate challenges and reduce pollution while strengthening communities through thoughtful implementation; and WHEREAS, the City shall submit an application to the Grantor to participate in the Grant program and for an allocation of funds not to exceed twenty million ($20,000,000) dollars for clean energy in and around the City’s proposed 5-square mile area; and WHEREAS, the City is familiar with the terms, conditions and limitations of such Grant; and
WHEREAS, the City is willing and able to conform to each of the terms, conditions, and limitations imposed upon any such Grant to the City; and WHEREAS, the City understands that the Grantor must approve said application and will require the City to execute a Grant Agreement and other necessary documents upon approval; and
WHEREAS, as a condition of applying for the grant, the Grantor requires a partnership agreement be in place between all the partner applicants; and
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, AS FOLLOWS:
SECTION 1: That the City Manager, or his designee, is hereby authorized to execute an application for Grant funds for the purpose of obtaining financial assistance provided by the U.S.
Environmental Protection Agency through its Office of Environmental Justice and External Civil Rights.
SECTION 2: The City of Coachella hereby agrees to comply with each and all of the terms, conditions, and limitations imposed by the Grantor upon said Grant, and the City Manager, or his designee, is hereby authorized and directed to execute any applications, agreements, assurance, extensions, amendments or other documents as may be necessary in connection with acceptance and implementation of said Grant as may be required by the Grantor.
SECTION 3: That the City Manager or his designee is authorized to enter into a partnership agreement between all partner applicants consistent with the intent and form of the draft agreement included as Exhibit A to this resolution with modifications, if needed, as to exact wording for updates and to conform and clarify the agreement for consistency with the intended purpose.
PASSED, APPROVED and ADOPTED this 24
th day of April, 2024.
___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 27.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-03 was duly adopted by the City Council of the City of Coachella at its regular meeting thereof, held on the 24 th day of
April, 2024, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 27.
COLLABORATIVE GOVERNANCE STRUCTURE
SIGNED PARTNERSHIP AGREEMENT
BY AND AMONG:
1. City of Coachella
2. GRID Alternatives Inland Empire
3. Southern California Mountains Foundation (Urban Youth Conservation Corps)
4. Bound Corporation
5. The LEAP Institute
6. Alianza Coachella Valley
7. Desert Recreation District
8. Regents of the University of California (UC Berkeley)
9. Kounkuey Design Initiative
10. Center for Employment Training
City of Coachella | EPA Community Change Grant | April 2024
COACHELLA PROSPERA
Item 27.
PARTNERSHIP AGREEMENT
FOR THE COLLABORATIVE GOVERNANCE STRUCTURE
FOR THE COACHELLA PROSPERA CLIMATE JUSTICE COMMUNITY CHANGE GRANT by and among
THE CITY OF COACHELLA
and
GRID ALTERNATIVES INLAND EMPIRE
DESERT RECREATION DISTRICT
KOUNKUEY DESIGN INITIATIVE
CENTER FOR EMPLOYMENT TRAINING
BOUND CORPORATION
THE LEAP INSTITUTE
ALIANZA COACHELLA VALLEY
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION (URBAN YOUTH CONSERVATION CORPS)
REGENTS OF THE UNIVERSITY OF CALIFORNIA (UC BERKELEY)
Dated April 24, 2024
Item 27.
TABLE OF CONTENTS
Section 1. DEFINITIONS ....................................................................................................................2
1.1 General...............................................................................................................................................2
1.2 EPA NOFO .................................................................................................................................2
1.3 EPA Community Change Grant Guidelines...............................................................................2
1.4 Application..................................................................................................................................2
1.5 Bi-monthly ..................................................................................................................................2
1.6 Budget................................................................................................................................................2
1.7 Budget Report ...................................................................................................................................2
1.8 Close-out Report .........................................................................................................................3
1.9 Critical Community Investment Project...........................................................................................3
1.10 Community Engagement Plan ........................................................................................................3
1.11 Data Collection Plan.......................................................................................................... 3
1.12 Community Strength Plan ...............................................................................................................3
1.13 COACHELLA PROSPERA Plan.............................................................................................3
1.14 GHG ................................................................................................................................................3
1.15 Grant Term......................................................................................................................................3
1.16 Hub............................................................................................................................................3
1.17 Indicator Report........................................................................................................................3
1.18 Indicator Tracking ....................................................................................................................3
1.19 Indicator Tracking Plan............................................................................................................3
1.20 Lead Applicant................................................................................................................................3
1.21 Advisory Council......................................................................................................................3
1.23 Notice to Proceed......................................................................................................................4
1.24 Performance Period ..................................................................................................................4
1.25 Coachella Community ..............................................................................................................4
1.26 Subcontractor ............................................................................................................................4
1.27 EPA Grant Agreement .............................................................................................................4
1.28 EPA Guidelines.........................................................................................................................4
1.29 Workforce Development Plan..................................................................................................4
1.30 Working Group.........................................................................................................................4
1.31 Work Plan .................................................................................................................................4
1.32 Work Product..................................................................................................................................4 Section 2. INCORPORATION AND ACKNOWLEDGEMENT OF TERMS ...............................4
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2.1 Incorporation ..............................................................................................................................4
2.2 Acknowledgement.............................................................................................................................5 Section 3. PURPOSE AND GOALS ..................................................................................................5
3.1 Purpose .......................................................................................................................................5
3.2 Goals...........................................................................................................................................5 Section 4. RESPONSIBILITIES OF ALL PARTIES ......................................................................5
4.1 Mutual Cooperation ..........................................................................................................................5
4.2 Leveraging of Available Funds........................................................................................................5
4.3 Communication ..........................................................................................................................6 Section 5. CITY - ROLE AND RESPONSIBILITIES ....................................................................6
5.1 Lead Applicant and Grantee .............................................................................................................6
5.2 Treasurer.....................................................................................................................................6
5.3 Hub and Working Group Participation ......................................................................................6
5.4 Grant Administration..................................................................................................................6
5.5 Disbursement and Accounting of Funds....................................................................................6
5.6 Financial Support .......................................................................................................................7
5.7 Oversight of Implementation............................................................................................... 7
5.8 Workforce Development............................................................................................................7
5.9 Community Engagement and Collaborative Governance Plan ...............................................7
5.10 Community Strength Plan ........................................................................................................7
5.11 Indicator Tracking....................................................................................................................7
5.12 Reporting and Compliance Plan...............................................................................................8 Section 6. PROJECT PARTNERS - ROLES AND RESPONSIBILITIES ...................................8
6.1 Co-Applicants...................................................................................................................... 8
6.2 Statutory Partner.........................................................................................................................8
6.3 Representation on Advisory Council .........................................................................................8
6.4 Hub and Working Group Participation.............................................................................................8
6.5 Project Development.........................................................................................................................8
6.6 Implementation of COACHELLA PROSPERA Project............................................................8
6.7 Implementation Policies ...................................................................................................... 9
6.8 Hiring Subcontractors.................................................................................................................9
6.9 Reporting.............................................................................................................................. 9
6.10 Recordkeeping .................................................................................................................... 9 Section 7. DATA PARTNER - ROLES AND RESPONSIBILITIES.............................................9
7.1 Co-Applicant............................................................................................................................ 10
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7.2 Representation on the Advisory Council;Reporting Role..........................................................10
7.3 Hub and Working Group Participation ............................................................................. 10
7.4 Community Engagement...........................................................................................................10
7.5 Tracking ....................................................................................................................................10
7.6 Training.....................................................................................................................................10
7.7 Support ......................................................................................................................................11
7.8 Data Sharing..............................................................................................................................11 Section 8. COMMUNITY STRENGTH PARTNER - ROLESAND RESPONSIBILITIES......11
8.1 Co-Applicant.............................................................................................................................11
8.2 Representation on Leadership Council; Reporting Role .........................................................11
8.3 Services and Programs ............................................................................................................11
8.4 Reporting ..................................................................................................................................11 Section 9. COMMUNITY ENGAGEMENT PARTNER - ROLES +RESPONSIBILITIES..... 12
9.1 Co-Applicant...................................................................................................................................12
9.2 Representation on Advisory Council; Community Engagement Plan ..................................... 12
9.3 Community Engagement.................................................................................................................12
9.4 Reporting.........................................................................................................................................12 Section 10. COLLABORATIVE GOVERNANCE STRUCTURE ..............................................12
10.1 General ..........................................................................................................................................12
10.2 Membership...................................................................................................................................12
10.3 Meetings..................................................................................................................................13
10.4 Hub Implementation ...............................................................................................................14
10.5 Working Group Implementation..............................................................................................16
10.6 Community Representation ....................................................................................................17
10.7 Accountability ................................................................................................................................17 Section 11. TERM AND TERMINATION.......................................................................................18
11.1 Term. .......................................................................................................................................18
11.2 Termination.............................................................................................................................18
11.3 Co-Applicant Substitution ......................................................................................................18
11.4 Work Product ..........................................................................................................................18
11.5 Reimbursement .......................................................................................................................18 Section 12. INDEMNIFICATION ....................................................................................................18 Section 13. INSURANCE ...................................................................................................................18
13.1 General Provisions.........................................................................................................................18
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13.2 Workers' Compensation Insurance ...............................................................................................19
13.3 Commercial General Liability and Automobile Insurance ..........................................................19 Section 14. EFFECT OF THIS MOU..............................................................................................20 Section 15. NON-DISCRIMINATION.............................................................................................21 Section 16. DISPUTES ......................................................................................................................21 Section 17. STATE DISCLAIMER..................................................................................................21 Section 18. MISCELLANEOUS.......................................................................................................21
18.1 Notices ..........................................................................................................................................21
18.2 Conflict of Interest..................................................................................................................21
18.3 Governing Law .............................................................................................................................22
18.4 Venue ............................................................................................................................................22
18.5 No Third-Party Beneficiaries.................................................................................................22
18.6 Section Headings....................................................................................................................22
18.7 Compliance with Laws and Regulations; Legal Authority...........................................................22
18.8 Authority .......................................................................................................................................22
18.9 Assignment....................................................................................................................................22
18.10 Counterparts .........................................................................................................................22
18.11 Entire Agreement........................................................................................................................22 Exhibit “A” - Project Area
Exhibit “B” - Collaborative Governance Structure
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1 PARTNERSHIP AGREEMENT FOR THE COLLABORATIVE GOVERNANCE
STRUCTURE FOR THE COACHELLA PROSPERA CLIMATE JUSTICE
COMMUNITY CHANGE GRANT
This PARTNERSHIP AGREEMENT for the Collaborative Governance Structure for the COACHELLA
PROSPERA ENVIRONMENTAL AND CLIMATE JUSTICE COMMUNITY CHANGE GRANTS PROGRAM INITIATIVE ("Partnership Agreement") is made and entered into this 24th day of April, 2024, by and between the City of Coachella, a California general law city and municipal corporation ("City"); GRID Alternatives Inland Empire (“GRID”); Bound Corporation (“Bound”); Southern California Mountains Foundation (“Conservation Corps”); The LEAP Institute (“LEAP”); Alianza Coachella Valley (“Alianza” or “Community Engagement Partner” and “Statutory Partner”); Desert Recreation District (“DRD”); Kounkuey Design Initiative (“KDI” or “Community Strength Partner”); Center for Employment Training (“CET”); the Regents of the University of California, a California nonprofit corporation formed under Article IX of the California Constitution, as represented by the Regents of the University of California at Berkeley (“UC Berkeley” or “Data Evaluation Partner”); (each a “Project Partner” and collectively the “Project Partners”); Together, the Project Partners, Statutory Partner, Data Evaluation Partner, Community Engagement Partner, and Community Strength Partner may hereafter be referred to individually as "Partner" and collectively as "Partners". Together, the City and Partners may hereafter be referred to individually as "Party" or collectively "Parties".
RECITALS
A. The U.S Environmental Protection Agency, Office of Environmental Justice and External Civil Rights (OEJECR) awards grants for the development and implementation of transforming disadvantaged communities into healthy, climate resilient, and thriving communities for their current and future residents as part of the Environmental and Climate Justice Community Change Grants (EPA CCG) program.
B. City is the Lead Applicant and Grantee with Alianza Coachella Valley as the Statutory Partner applying to the EPA for a CCG grant (“EPA CCG Grant”) to fund a range of projects that will reduce greenhouse gas emissions, foster public health and environmental benefits, and catalyze economic opportunity and shared prosperity within the COACHELLA PROSPERA community of the City of Coachella, as depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Project Area"). The proposed program will hereafter be referred to as "COACHELLA PROSPERA." C. EPA Partners are organizations or public entities, authorized to lead community-based projects, who have demonstrated the organizational capacity to support the City in the implementation of the COACHELLA PROSPERA projects and plans.
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2 D. Parties have individually and collectively engaged the residents and stakeholders in the project area in multiple visioning and planning processes over the past decade, culminating in the public workshops which created the COACHELLA PROSPERA. The City and the Partners believe the COACHELLA PROSPERA collaborative can positively transform Coachella, achieving strong public health and economic goals and significantly reducing greenhouse gas emissions.
E. Partners fully support the objectives, goals, strategies, and projects identified under the EPA grant application that was proposed by the City for approval by the EPA ("Environmental and Climate Justice Community Change Grants Program Application"), and the Partners agree to be Co-Applicants for the EPA Grant Application.
F. EPA requires this Partnership Agreement to set forth the agreed upon governance structure and terms of operation required to implement the COACHELLA PROSPERA, including but not limited to, the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes.
G. Parties desire to enter into a Partnership Agreement as hereinafter set forth in order to establish a collaborative stakeholder structure for matters pertaining to the EPA Grant and the implementation of the COACHELLA PROSPERA in the Project Area.
H. Parties acknowledge and agree that other Partners may be added to this Partnership Agreement from time totime.
TERMS AND CONDITIONS
Section 1. DEFINITIONS.
1.1 General. The definitions set forth in the above recitals, in the EPA Guidelines, and otherwise indicated in parenthesis hereafter, shall apply to this Partnership Agreement.
1.2 EPA. "EPA" shall mean the Environmental and Climate Justice Community Change Grants Program.
1.3 EPA Guidelines. "EPA Guidelines" shall mean the 2023 EPA Environmental and Climate Justice Community Change Grants Program Guidelines.
1.4 Application. "Application" shall mean the EPA Grant Application for funding submitted by City.
1.5 Bi-monthly. "Bi-monthly" shall mean every othermonth.
1.6 Budget. "Budget" shall mean the budget for a particular Project.
1.7 Budget Report. "Budget Report" shall mean the report containing the budget for a particular Project, which breaks down cost by task and lien item.
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3 1.8 Close-out Report. "Close-Out Report" shall mean the report submitted to the City of Coachella at the conclusion of an individual Project.
1.9 Project. "Project" shall mean a project implemented with EPA Grant Funds.
1.10 Community Engagement Plan. "Community Engagement Plan" shall mean the plan that sets forth the community outreach tools and goals of the City andPartners.
1.11 Data Collection Plan. "Data Collection Plan" shall mean the plan that codifies data collection methods and reporting requirements and identifies all metrics to be tracked pursuant to the requirements the EPA Grant Agreement and pursuant to the wishes ofthe Advisory Council.
1.12 Community Strength Plan. "Community Strength Plan" shall mean the plan that addresses the displacement prevention needs of thecommunity.
1.13 Coachella Prospera Plan. "COACHELLA PROSPERA Plan" or "Plan" shall mean all aspects of the project plan required by the City and its Partners in the EPA Grant Agreement.
1.14 GHG. "GHG" shall mean "Green House Gas."
1.15 Grant Term. "Grant Term" shall mean the term of the EPA Grant Agreement.
1.16 Hub. "Hub" shall mean a subcommittee or subset of the Advisory Council that is tasked with a particular area of focus, is responsible for in-depth study of that area, and reports back to the full Advisory Council with regard to thisfocus.
1.17 Indicator Report. "Indicator Report" shall mean a report that tracks and reports Indicator Tracking for a Project.
1.18 Indicator Tracking. "Indicator Tracking" shall mean the tracking and assessment of certain elements to measure the overall impact of the Project investments, as outlined in the EPA Guidelines.
1.19 Indicator Tracking Plan. "Indicator Tracking Plan" shall mean the plan that sets forth the community-driven Indicator Tracking guidelines that will govern data collection and progress tracking for Projects.
1.20 Lead Applicant. "Lead Applicant" shall mean the City of Coachella. The Lead Applicant is responsible for the overall management, performance, oversight, and reporting responsibilities under the grant, and for making subawards to Collaborating Entities. The Lead Applicant will be responsible for the receipt of federal funds from EPA and the proper expenditure of these funds and will bear liability for unallowable costs. The Lead Applicant is responsible for compliance and legal issues, and managing risks associated with the project.
1.21 Advisory Council. "Advisory Council" shall mean the advisory body to the Lead Applicant.
1.22 Leverage Funding. "Leverage Funding" shall mean the funding, other than EPA Grant funds, used to supplement EPA Grant funds for the completion of all or a portion of a Project.
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4 1.23 Notice to Proceed. "Notice to Proceed" shall mean the notice issued by the City to all Partners once the EPA Grant Agreement has been fully-executed by and between the City and EPA.
1.24 Performance Period. "Performance Period" shall mean the period of time beginning immediately upon the completion of a Project and ending upon a date determined by the City, during which Partners will be required to complete additional Indicator Tracking.
1.25 Community. "Community" shall mean those residents and stakeholders in the Project Area.
1.26 Subcontractor. "Subcontractor" shall mean any third party used by any Partner to perform any work in furtherance of a Project.
1.27 EPA Grant Agreement. "EPA Grant Agreement" shall mean the agreement entered into by and between the City and the SGC.
1.28 EPA Guidelines. "EPA Guidelines" shall mean the EPA Program Guidelines for 2023 released on December 21,2023.
1.29 Workforce Development Plan. "Workforce Development Plan" shall mean the plan that governs workforce development and training programs that train participants for jobs and skills and recruit and serve Project Area residents.
1.30 Working Group. "Working Group" shall mean a group consisting of the members of the Advisory Council and the Coachella Prospera, established for the purpose of facilitating discussion and information-sharing with regard to a particular task.
1.31 Work Plan. "Work Plan" shall mean a plan setting forth the timeline, discrete tasks, and detailed deliverables for a particular Project.
1.32 Work Product. "Work Product" shall mean any writings, notes, memoranda, reports, research, and useable data, whether created or collected by a Partner or a Subcontractor of a Partner, generated in connection with the planning or implementation of the COACHELLA PROSPERA.
1.33 Statutory Partner. “Statutory Partner” shall mean Alianza Coachella Valley, a communitybased, nonprofit organization who is collectively referred to as a Collaborating Entity with the programmatic and managerial capability to successfully complete, oversee and manage the award.
Section 2. INCORPORATION AND ACKNOWLEDGEMENT OF TERMS.
2.1 Incorporation. City and its Partners intend that this Partnership Agreement shall conform to and satisfy all requirements of the EPA Guidelines and the EPA Grant Agreement. Each Party's performance shall be conducted in accordance with the EPA Grant Agreement, theEPAGuidelines, and this Partnership Agreement (hereafter collectively the "Performance Terms").
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5 2.2 Acknowledgement. Each Party acknowledges that it has reviewed the Performance Terms, participated in the preparation of the COACHELLA PROSPERA Plan and the EPA Grant Application, and is fully committed to the goals and requirements of the Performance Terms.
Section 3. PURPOSE AND GOALS.
3.1 Purpose. The purpose of this Partnership Agreement is to formalize the partnership and understanding between the Parties and to set forth the terms by which the Parties will manage, coordinate, and administer EPA Grant-related activities within the boundaries of the Project Area. The Parties agree that the purpose for conducting the activities as a coordinated group shall include the following:
a. Implementing activities, programs, strategies, and projects as set forth in the EPA Grant Agreement;
b. Promoting the execution of objectives and goals set forth in the EPA Grant Agreement; c. Providing a platform for community engagement and input into implementation of activities related to the EPA Grant; and
d. Performing such other functions as may be deemed necessary and appropriate to meet the objectives of this Partnership Agreement.
3.2 Goals. Each Party affirms that the COACHELLA PROSPERA is intended to create the necessary conditions for public and private investment in the project area of Coachella Prospera to support the growth of community amenities and assets, such as increased public safety, quality educational facilities, improved infrastructure, increased mobility, reduced hazardous waste and carbon emissions, more affordable and stable housing, new local jobs, opportunities for business incubation, and other resources that are critical to the growth of a healthy and vibrant community.
Section 4. RESPONSIBILITIES OF ALL PARTIES.
4.1 Mutual Cooperation. Parties recognize that they have complementary expertise and common goals and interests. Parties shall endeavor to cooperate, work together, and share knowledge, expertise, and best practices with regards to the Plan and shall commit to working collaboratively with one another and with community stakeholders throughout the Grant Term. The Parties hereto agree that they will each provide such information and documentation as is reasonably necessary to fulfill the intent of this Partnership Agreement and make diligent efforts to respond to inquiries and requests for information from the other Parties. The Parties agree to provide all Project-related information and documents as requested by the other Party or the Federal government, including all grant-related reporting and documentation.
4.2 Leveraging of Available Funds. Parties shall make good faith efforts, as appropriate, to leverage available federal, state, local, and private funds, and to assist other Parties in leveraging
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6 available federal, state, local, and private funds, to support integrated strategic investment for the transformation of the COACHELLA PROSPERA project area.
4.3 Communication. Parties shall commit to the principle of good communication, especially when one's work may have some bearing on the responsibilities of the other. Parties shall seek to alert each other as soon as practical to relevant developments with regards to the Plan and its execution. Parties shall also ensure that it is clear who the appropriate contacts are for particular matters and that contact details are kept up to date.
Section 5. CITY - ROLE AND RESPONSIBILITIES.
5.1 Lead Applicant and Grantee. City shall be the Lead Applicant and shall execute the EPA Grant Agreement, carry out all responsibilities of Grantee as described in the Performance Terms, and work closely with the U.S. Environmental Protection Agency, Office of Environmental Justice and External Civil Rights throughout the implementation of the grant. City commits to all duties and responsibilities corresponding to the Lead Applicant's role under the COACHELLA PROSPERA project for the length of the EPA Grant Term. City acknowledges that it:
a. Has reviewed the FY 2023 U.S. Environmental Protection Agency, Office of Environmental Justice and External Civil Rights Community Change Grants Program NOFO, Final Guidelines, and related guidance from the EPA; b. Has participated in the preparation of the COACHELLA PROSPERA proposed project and Application; and
c. Is fully committed to the goals and requirements of the NOFO, the COACHELLA PROSPERA Projects, the Application, the requirements of the Grant, and this PartnershipAgreement.
5.2 Treasurer. City shall hold one seat on, and be Treasurer of, the Advisory Council.
5.3 Working Group Participation. City shall participate in every Working Group. In doing so, the City will have the responsibility of monitoring day-to-day activities and maintaining awareness of roadblocks, conflicts, and performance issues. For the City, responsibility will be borne by the Office of the City Manager and the Economic Development Department.
5.4 Grant Administration. City shall serve asthe administrator of the EPA Grant, including but not limited to, compiling all invoices, supporting documentation, and reporting materials for Projects. City shall ensure compliance with all accounting, disbursement, recordkeeping, and all other compliance requirements of the Performance Terms with respect to the City and Partners.
5.5 Disbursement and Accounting of Funds. City shall be responsible for the disbursement of the EPA Grant funds in accordance with Performance Terms. Within sixty (60) days from the date that a Partner submits a request for disbursement, the City shall disburse the EPA Grant funding to Partners. In the event additional time is needed to allow the EPA to process the requesting
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7 Partner's disbursement request, the City shall communicate to the requesting Partner the reason for the delay and the anticipated date for disbursement. Should the City of Coachella qualify to receive advance pay, it will develop and provide a process for its Partners to request and receive pay, and require all Partners to comply with the reporting terms. Advance Payment is for agencies and nongovernmental entities with low cash reserves that serve under resourced communities, to carry out approved program activities. Advance Payments can be provided in one payment or spread across a series of smaller installments and is to be determined in the Grant Agreement.
To receive advance pay, the Grantee must do the following:
▪ Demonstrate good standing with the IRS
▪ Compile and provide spending plans for each Partner receiving advance payment ▪ Complete an advance payment request form with supporting documentation ▪ Sign an agreement that they will:
o Revert all unused moneys to the federal government if they are not liquidated within the timeline specified in the grant agreement or in the case of non-compliance/misuse of funds o Communicate and document changes to spending plans
Upon receipt of appropriate documentation, funds will be paid to the Grantee and the Grantee will be responsible for dispersing payment to Partners, as approved by EPA. Advance payment funds from EPA must be dispersed into a federally insured and interest-bearing Grantee account to track withdrawals and interest earned. Any accumulated interest is considered CCG Program funds. The complete schedule, process, and reporting requirements for advance pay will be determined in the Grant Agreement.
5.6 Financial Support. City shall leverage as appropriate, or assist in leveraging, available federal, state, local, and private funds as available to support integrated strategic investment for the transformation of the Project Area.
5.7 Oversight of implementation. City shall supervise and coordinate the implementation of activities related to the CCG Grant, including the workforce training and development initiatives, green infrastructure and nature-based solutions, mobility and transportation components, energy efficient housing and buildings; and the community resilience hub of the Coachella Prospera Plan, and enter into any necessary additional agreements with the Project Partners, Data Partner, Community Engagement Partner, or Community Strength Partner, outside of this Partnership Agreement, to facilitate the implementation of the Plan.
5.8 Workforce Development. City shall impose on Partners and monitor the local hire goals set forth in the Workforce Development Plan.
5.9 Community Engagement. City shall coordinate with the Partners in the implementation of the Community Engagement Plan and be responsive to the Outreach Partner's direction with regard to community outreach and the facilitation of local involvement.
5.10 Community Strength. City shall cooperate with Partners to implement the Community Strength Plan and address the displacement prevention needs of the community while focusing on key educational opportunities, encouraging advocacy, and facilitating accountability on behalf of Coachella Prospera.
5.11 Indicator Tracking. City shall work with the Partners and the Advisory Council to develop a community-driven Indicator Tracking Plan and local monitoring guidelines and ensure that all Partners
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8 comply with the Indicator Tracking Plan.
5.12 Reporting. The City and its Partners shall be responsible for any and all required reports, including but not limited to Progress Reports, Indicator Reports, Budget Reports, and Close-Out Reports.
Section 6. PROJECT PARTNERS - ROLES AND RESPONSIBILITIES.
6.1 Co-Applicants. Each Project Partner shall be a Co-Applicant to the CCG Grant Application and shall carry out all responsibilities associated with its respective Project(s) as directed by the City and in accordance with the Performance Terms.
6.2 Statutory Partner. In addition to being a Co-Applicant, the Statutory Partner shall assist in the oversight and management of the CCG project during the three-year award period. As the Lead Applicant, the City reserves the right to replace the Statutory Partner, if necessary, due to various reasons, including, but not limited to performance issues.
6.3 Representation on Advisory Council. Each Project Partner shall hold one seat on the Advisory Council.
6.4 Working Group Participation. Each Project Partner shall participate in one or more Working Group, based on the respective "project type" that it intends to implement, as outlined in Appendix B to the CCG Guidelines and as appropriate with regard to the size of its Project. Participation in a Working Group requires attendance at regular meetings, coordination with organizations doing likeprojects in the Working Group, joint problem-solving and resource-sharing, coordination of community engagement and outreach activities, joint development and input on data tools and metrics, the timely submission of data for reportsto the Advisory Council, and preparation of materials for public dissemination. Project Partners may agree to lead a Working Group, taking on the relative duties required of that position.
6.5 Project Development. Each Project Partner shall develop ideas for programs and projects that directly impact neighborhood quality in the Project Area and shall create scope(s) of work for its respective Project(s) in alignment with the vision of the COACHELLA PROSPERA Plan.
6.6 Implementation of Project. Each Project Partner shall oversee the implementation of its respective Project, in accordance with Performance Terms, and with respect thereto shall:
a. Secure all necessary governmental approvals, reviews, licenses, or permits; b. Immediately notify the City and the Advisory Council of any change in schedule, design, or outcome so that the determination can be made as to whether EPA review and/or a change to the GHG calculation isrequired;
c. Prepare and propose solutions and an action plan to address any issues as they arise, working collaboratively with other Parties, subcontractors,and stakeholders to ensure that its Project does not deviate from its intended purposes and the expectations of the Coachella Prospera projects and plans;
d. Ensure that there are no conflicts between policies or restrictions on sources of funds needed to complete Projects; and
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9 e. Refrain from using CCG Grant Funding to supplant Leverage Funding.
6.7 Implementation Policies. Each Project Partner agrees to participate in and incorporate the following implementation policies, as appropriate to its respective project: The Community Engagement Plan, the Workforce Development Plan, and the Community Strength Plan. Project Partners agree to abide by the goals set forth in the Workforce Development Plan when procuring any portion of work associated with their respective Project and when hiring any related temporary or permanent positions, unless the Project Partner is a public entity, in which case it is required to comply with its agency's applicable hiring and procurement statutes.
6.8 Hiring Subcontractors. Project Partners may contract with Subcontractors for needed administrative, design, construction, engagement, or implementation support for Projects. City's obligation to pay the Project Partner is an independent obligation from the Project Partners' obligations to pay their respective Subcontractors. With regard to Subcontractors:
a. Project Partners are entitled to make use of their own staff and Subcontractors as identified in their respective Budget and Work Plan.
b. Project Partners shall manage, monitor, and accept responsibility for the performance of their own respective staff and Subcontractors and shall conduct their respective project activities and services consistent with professional standards for the industry and type of work being performed under this Partnership Agreement.
c. Nothing in this Partnership Agreement or otherwise shall create any contractual relationship between the City and any Subcontractors retained by a Project Partner, and no Subcontractor will relieve the Project Partner of its obligations under the Agreement.
6.9 Reporting. Each Project Partner shall submit all required supporting documentation, asset forth in Section 10.5, to demonstrate that the work for which it is seeking reimbursement has been completed. Each Project Partner is responsible for its respective Project and shall develop, prepare, and submit regular updates to the City and the Advisory Council regarding its progress toward Project objectives, shall routinely update the information management platform regarding Project schedule and objectives, and shall provide appropriate photos, stories, and meeting and event notices in a timely fashion to the City and Advisory Council. Any Partner requesting Advance Payment, if it is made available to the City of Coachella, shall adhere to the process defined in Section 5.5.
6.10 Recordkeeping. Each Project Partner shall maintain its own records in accordance with Performance Terms and shall establish an official file for each Project with adequate documentation supporting each action taken with respect to the Plan, including letters and email correspondence, financial records (including agreements and any associated documents with Subcontractors and receipts), engagement documentation, required reports, data, readiness and compliance documentation. Each Project Partner shall make such records available to the City for inspection. All such records shall be clearly identifiable. Each Project Partner and its Subcontractors shall allow inspection of all work, data, documents, proceedings, and activities related to the Partnership Agreement for a period of five (5) years from the day after the last day of the Performance Period.
Section 7. DATA PARTNER- ROLES AND RESPONSIBILITIES.
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10 7.1 Co-Applicant. Data Partner shall be a Co-Applicant to the CCG Grant Application and shall hold the City and its Project Partners accountable to the specific impact goals of their respective Project.
7.2 Representation on the Advisory Council; Reporting Role. Data Partner shall hold a seat on the Advisory Council and shall lead a discussion with the Advisory Council, quarterly, to review and analyze the Data Dashboard indicators to track Partners in connection with their respective performance goals and to help them understand initiative-wide progress toward their goals. If metric targets are not met, the Advisory Council will discuss potential issues, challenges, or barriers to success, and make recommendations for technical assistance, programmatic adjustments, or other interventions. Underperforming Partners will be asked to develop a program improvement plan for their respective project that identifies specific and measurable goals, outcomes, and indicators of success within a specific timeline.
7.3 Hub and Working Group Participation. As the objective data manager, the Data Partner shall coordinate with the Community Engagement Working Group, the Advisory Council, and any other Hub or Working Grouping wherein its expertise is needed, as assigned by the City.
7.4 Community Engagement. Data Partner, in coordination with the Outreach Partner, shall engage residents and businesses in an annual survey geared toward tracking communitywide indicators to determine if Projects are changing attitudes, behavior, health, and circumstances for Coachella Prospera. Data Partner shall identify publicly available data (e.g. Census, Bureau of Labor Statistics) for tracking neighborhood and community-level metrics, including stress levels, rates of chronic disease, and community cohesion.
7.5 Tracking. Data Partner shall be responsible for ensuring that all data that Parties are required to track pursuant the CCG Grant Agreement are tracked appropriately and reported on in the appropriate timeframe and format. Data Partner shall in the first quarter of the CCG Grant Term:
a. Work closely with the City, the Advisory Council, and community stakeholders to identify specific indicators that will be tracked over time to understand Project quality and to assess public health, economic development, GHG reductions, and other project-specific outcomes above and beyond those required under a CCG Grant Agreement. The final list of additional indicators will be approved by the Advisory Council. b. Inventory and analyze how indicators are used for decision-making or quality improvements, which indicators are governed by regulatory requirements, and how data variables are defined (i.e. a data dictionary). This process will allow the Data Partner to recommend common variables for easy data integration.
c. Create the Data Collection Plan.
d. Create a Data Dashboard that provides monthly, quarterly, and annual reports on key indicators that the Advisory Council defines and that are required by the State in the CCG Grant Agreement.
7.6 Training. Data Partner shall ensure that Project Partners are meeting their data collection requirements. Data Partner shall train all Project Partners as applicable on what data to collect and how to collect their assigned data and report the data to meet State requirements and the CCG Grant Agreement.
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11 7.7 Support. Data Partner shall provide support to Project Partners if they are facing obstacles or challenges in their data collection efforts.
7.8 Data Sharing. Data Partner shall work to develop data share agreements that allowPartners to participate in a centralized data portal for inputting and accessing data and monthly data reports.
Section 8. COMMUNITY STRENGTH PARTNER - ROLES AND RESPONSIBILITIES.
8.1 Co-Applicant. The Community Strength Partner shall be a Co-Applicant to the CCG Grant Application and shall work under contract with the City to prevent displacement by actively assisting the residents in the Project Area in matters of foreclosure avoidance and tenants' rights.
8.2 Representation on Advisory Council; Reporting Role. The Community Strength Partnershall hold a seat on the Advisory Council and shall lead efforts to implement the Community Strength Plan, analyze the effectiveness of existing policies and programs on residents and businesses, make modifications as necessary, and report regularly to the Advisory Council on related non-displacement efforts.
8.3 Services and Programs. The Community Strength Partner shall:
a. Assist with implementation of Inclusionary Housing policies; b. Provide tenant advocacy and referrals to low cost legal representation, including conducting intake and evaluations, and helping with transportation, translation, and general advocacy obligations; and
c. Conduct a series of workshops focusing on financial education, homeownership, tenants' rights, and local resources.
d. Help form a Small Business Alliance and provide grant funding assistance to small businesses who may have code compliance issues.
8.4 Reporting. The Community Strength Partner shall keep a database of all clients and the services that it receives and shall provide quarterly updates to the Advisory Council. The Community Strength Partner shall meet the following reporting requirements:
a. General ReportingRequirements.
(1) All reports must be completed using the templates attached to the CCG Grant Agreement or provided by theCity.
(2) The first reporting period will begin on the start date of the CCG Grant Agreement by and between the City andEPA.
(3) All reports must be submitted to the City on the due date specified by the City.
When the report due date falls on a weekend or state recognized holiday, reports will be due on the first working day thatfollows.
(4) All reports must be signed by the signatory to thisPartnership Agreement.
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12 (5) City and EPA may request to verify reports through methods that include, but are not limited to:supporting documentation,site visits, conference calls or video conferencing.
b. Bi-Monthly Progress Reports. The Community Strength Partner shall complete Bi- Monthly Progress Reports using the template attached to a CCG Grant Agreement.
c. Annual Reports. The Community Strength Partner shall complete an annual progress report, an annual leverage funding report, in accordance with Performance Terms, an Indicator Tracking Report, and a detailed Work Plan and Budget using the templates included in a CCG Grant Agreement, once per year.
Section 9. OUTREACH PARTNER - ROLES AND RESPONSIBILITIES.
9.1 Co-Applicant. Outreach Partner shall be a Co-Applicant to the CCG Grant Application and shall be responsible for the development of community outreach tools and the facilitation of local participation.
9.2 Representation on Advisory Council; Implementation of Community Engagement Plan.
Outreach Partner shall hold a seat on the Advisory Council and shall lead efforts to implement the Community Engagement Plan.
9.3 Community Engagement. Outreach Partner shall coordinate and support resident involvement in major decisions, develop and manage a coalition of stakeholders in support of the Plan, and work with relevant stakeholders to increase the involvement of neighborhood residents, businesses, nonprofits, and grassroots and faith-based organizations.
9.4 Reporting. Outreach Partner shall track all outreach efforts and provide quarterly updates to the Advisory Council.
Section 10. COLLABORATIVE STRUCTURE.
10.1 General. Parties shall actively promote community engagement and shall work in conjunction through the Advisory Council. Advisory Council shall be entitled to make recommendations about, provide input into, and assist the Parties in the implementation of activities under the CCG Grant, but the Advisory Council does not have any final decision- making abilities. Advisory Council shall have the organization and powers specified below and shall use the framework, attached hereto in the Collaborative Governance Plan Chart in Exhibit "B", to govern the implementation of the CCG Grant, tomake decisions related to the Project, and to recommend any necessary changes to the COACHELLA PROSPERA Plan during implementation.
10.2 Membership. Advisory Council shall consist of seventeen (17) seats. Each of the twelve (12) Parties to this Partnership Agreement shall designate one individual to represent that Party on the Advisory Council. Additionally, five (5) seats shall be "Community Seats", filled by individuals or organizations who reside or do business in the Project Area, and one (1) seat shall be a "Youth Seat", filled by an individual or organization from the Project Area representative of the youth demographic.
As it concerns the Community Seats and the Youth Seat, individuals or community organizations from the Project Area wishing to serve on the Advisory Council must submit a request to the City and for
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13 appointment onto the Advisory Council. The City and the Advisory Council shall be responsible for appointing representatives to the Community Seats and Youth Seat. All representatives on the Advisory Council will hereafter be referred to as "Members."
a. Adding or Removing Members. Any organization or individual that is a party to this Partnership Agreement will be a member on the Advisory Council, so removal or addition of a party to this Partnership Agreement will likewise remove or add a member to the Advisory Council. As it concerns the Community Seats and the Youth Seat, the City may, at any time, increase the number of Community Seats and Youth Seats, but may not otherwise decrease the number of Community Seats and Youth Seats below that which is set forth in this Partnership Agreement. Members in the Community Seats and Youth Seat(s) may resign, at any time, upon written notice to the City.
10.3 Meetings. To establish order and efficiency, upon the City's issuance of the Notice to Proceed, the Advisory Council shall meet once a month until all Working Groups, Community Seats, Youth Seats, and communication processes are fully-established ("Establishment Phase").
In no event shall the Establishment Phase be shorter than six (6) months. After the completion of the Establishment Phase, the Advisory Council shall conduct meetings at least on a quarterly-basis, as follows:
a. Location. Meetings shall be held within the Project Area, at a time and location previously determined by the Parties.
b. Open and Public. Meetings shall be open and public and shall be facilitated in a manner that promotes equity, respect, and resident empowerment, including Spanish translation. To maximize public participation, the Advisory Council shall not discuss any item not appearing on the duly-noticed and published agenda, as set forth in subsection (c). Each meeting agenda shall include an item at the beginning of the agenda for public comment for items not on the agenda so that the public has an opportunity to address the Advisory Council regarding all matters within the Advisory Council's purview. Additionally, the public shall have the opportunity to speak on any item on the agenda prior to the Advisory Council's discussion of or decision on that item.
c. Notice. City shall ensure that meeting agendas and materials are published and made accessible to the public at least seventy-two (72) hours before a meeting.
Agendas shall contain item descriptions that set forth the matter to be discussed with reasonable particularity so that the public is able to understand the subject to be discussed and the action to be taken. Parties shall make reasonable efforts to provide the agendas and presentation materials in Spanish and English. In order to facilitate greater public participation, the Advisory Council shall also make efforts to forward the agenda and materials to specific residents and businesses in the Project Area who have particular interests in an agenda item. Notwithstanding the foregoing, the Parties recognize that in some circumstances decisions and changes related to CCG Grant implementation may require more expedient action. In the case of an emergency decision, discussion and notification may be
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14 made via email to the Advisory Council members and a recommendation formed with the necessary affirmative votes via email. Such decisions shall be reported and revisited at the next regular Advisory Council meeting. d. Decision-Making and Dispute Resolution. All substantive changes or material issues related to implementing the COACHELLA PROSPERA Plan shall be presented to the Advisory Council at a regularly scheduled meeting. If the Advisory Council is unable to reach consensus on a matter, the City should pursue conflict resolution and address the division before moving forward. Addressing the division may include further community outreach, modification of the proposal, and further reporting to the Advisory Council. It is the goal of the process to have all recommendations be supported by the majority of the Advisory Council.
e. Bylaws. At its first meeting, the Advisory Council shall discuss governance procedures and set key priorities for managing future meetings. At the conclusion of the first meeting, the Advisory Council, by affirmative vote of the majority of Members present at the meeting, shall appoint five (5) Members todraft bylaws for the collaborative stakeholder structure and set the priorities of the Advisory Council. The bylaws and priorities shall confirm to the general terms and intent of this Partnership Agreement and shall become effective upon adoption by the Advisory Council.
f. Officers. At its first meeting, the Advisory Council, by affirmative vote of a majority of Members present at the meeting, shall appoint members to serve as Chair, Vice Chair, and Secretary of the Advisory Council. The Treasurer shall be the City. Terms shall be for one year (1) and rotate on annual basis to ensure shared governance.
10.4 Hub Implementation. Advisory Council, in accordance with this Partnership Agreement, shall assign Members to work within the following Hubs: (1) Community Resilience Hub, (2) Green Infrastructure and Nature Based Solutions, (3) Mobility and Transportation, (4) Roof-Top Solar, (5) Health and Well-Being, and (6) Workforce Training and Development. Any recommendation to change the number or type of Hubs should be brought before the Advisory Council for discussion. Hubs shall otherwise operate asfollows:
a. Meetings and Structure. Each Hub will be convened initially by the City, and shall establish its meeting schedule, meeting guidelines, agenda, and structure at its first meeting. Because the work of each Hub is so complex and involves its own set of Partners and constituencies, each Hub should have its own organizational structure, with one or two Partners agreeing to act as the lead ("Hub Lead"). Hub Leads are required to commit to managing the Hub for a minimum of one year. Unless the Hub establishes co-leads, if more than one organization wants to lead the Hub, then the members in the Hub shall vote, one vote per member, and the member receiving the majority vote shall become the Hub Lead. In order to ensure consistency in messaging, access to the same high-level advice, funding and tools, and expediency in implementation, the City shall participate in all Hub meetings, and the Hubs shall report about and receive guidance on their work at each Advisory Council meeting.
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15 b. Subcontractor Participation. Subcontractors are strongly encouraged to participate in the Hub meetings. Subcontractors play a critical role in assisting the Project Partners in reaching their goals and should be part of the cross-pollination process.
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16 10.5 Working Group Implementation. Each Hub shall designate at least one representative to sit on each of the following Working Groups: City Oversight Working Group, the Community Engagement Working Group, the Workforce Working Group, and the Displacement Avoidance Working Group. The composition and operations of each Working Group shall be as follows:
a. City Oversight Working Group. In order to effectively resolve issues among and between Project Partners and community stakeholders related to implementing work, City agencies necessary for plan implementation (e.g., Public Works, Parks and Recreation, Community and Economic Development, and Public Utility) shall form a Working Group to meet on a Bi-monthly basis to collaborate, prioritize, streamline and track the overall progress of the COACHELLA PROSPERA Plan.
Other departments and resources will be called in on an as-needed basis to ensure problems are solved rapidly and thoughtfully. This Working Group will advise the Advisory Council on critical issues related to project feasibility and implementation and provide suggestions for how to resolve issues or expedite project completion. The Community & Economic Development Departments will convene and lead this working group.
b. Technical & Design Review Working Group. To evaluate potential changes to the Plan through the implementation process, a technical and design review working group shall be formed. This Working Group is available to the Hubs and shall meet with Partners who are requesting changes or modifications to their respective projects for the purpose of evaluating the feasibility and challenges related to the request. This Working Group will be responsible for communicating with the City on potential changes or feedback on implementation challenges. The City will share this information with SGC. This Working Group shall report to the Advisory Council on recommendationsfor modifications to the COACHELLA PROSPERA Plan. The City will be responsible for convening this working group. c. Community Engagement Working Group. Community Engagement Working Group shall be led by the Outreach Partner and shall include a representative from each Hub, a team of community members hired to do community engagement work, the City, and all communication-related Subcontractors hired to work on the COACHELLA PROSPERA Plan. This Working Group shall coordinate and plan outreach/engagement activities and efforts, craft communication messages, provide input on website and other social media design, ensure community engagement and participation for planning and implementing larger community events in the Project Area, and recruit grassroots organizations and networks to assist in community -based data collection, and dissemination of information and notices.
d. Workforce Working Group. Workforce Working Group shall be established by the County and utilized by all Partners as necessary for advice and coordination on all training and hiring opportunities within each Project Type. Workforce Working Group will assist in job mapping, local labor force referrals, developing, and
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17 advising on training modules, and connecting Partners to education and workforce partners.
e. Community Strength Working Group. Displacement Avoidance Working Group shall be overseen by the Non-Displacement Partner. This Working Group will allow the Non-Displacement Partner to coordinate its displacement avoidance efforts and to make sure that a lens of anti-displacement is incorporated in the implementation of all COACHELLA PROSPERA Projects.
10.6 Community Representation. Parties acknowledge that community representation throughout the process is integral for the success of the COACHELLA PROSPERA, and Parties take all reasonable measures to engage the public, including but not limited to the following:
a. Working Groups, Hubs, and the Advisory Council will be forums wherein community stakeholders and Partners are able to participate in the discussion and decision-making process.
b. City will use existing local community groups and resident organizations to publicize meetings and utilize its Partners to assist in community outreach and engagement.
c. The determination and implementation of some Projects (specifically in the Urban Greening and Active Transportation Hubs) require more design, and Partners have committed to robust community participation in all aspects of design and location.
The City will ensure that Spanish translation is available and that materials are provided in English and Spanish.
d. City shall consult with the Partners and community stakeholders privately and in Working Group settings to ensure clear messaging and communication on goals and requirements, address conflicts and roadblocks as they arise, and ensure that decisions are well-informed and made quickly to guarantee success.
10.7 Accountability. City shall work with Partners and stakeholders to engage them on what measures the community would like to see to ensure accountability throughout the process, including but not limited to thefollowing:
a. In order to be accountable to the community, the City and the Co-Applicants commit to regular tracking of project metrics.
b. If metric targets are not met, the Advisory Council will discuss potential issues, challenges, or barriers to success, and make recommendations for technical assistance, programmatic adjustments, or other interventions. Underperforming Partners will be asked to develop a program improvement plan, for their respective project, that identifies specific and measurable goals, outcomes, and indicators of success within a specific timeline.
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18 c. All Projects will include strong levels of community engagement and input and are required to report out to their respective Hubs, allowing for peer-to-peer accountability and evaluation as well as direct community accountability. d. Data Partner will engage residents and businesses in a survey geared towards developing communitywide indicators that can be tracked to determine if the CCG investments are changing attitudes, behavior, health, and circumstances for the Project Area.
e. Advisory Council meetings will be open to the public, with clear agendas, minutes and a record of attendance to ensure regular accountability. f. City is responsible for ensuring the accountability of its Co-Applicants, Partners, and Working Groups to meet their responsibilities and implement their Projects in a timely fashion, in accordance with their Work Plan and within their budget allocation.
g. City will dedicate staff to monitor all Projects, participate in Hubs and Working Groups, and track progress through data dashboards and utilization of specific project management software and smart sheets that create charts and allow for task collaboration. Utilizing this software allows the City to measure progress and determine early on when tasks and timelines are not being met. h. City, as Lead Applicant, will meet with Co-Applicants when items begin to get flagged as late and develop appropriate work plans to address issues as they arise. i. City and Hub Leads will engage in site visits to visually inspect progress and build out of all projects and will utilize its Technical and Design Working Group with all accountability steps.
Section 11. TERM AND TERMINATION.
11.1 Term. This Partnership Agreement shall become effective as of the date on which the last Party executes this Partnership Agreement ("Effective Date"). The Term shall commence on the Effective Date and continue for three (3) years thereafter and shall automatically terminate unless otherwise extended by a written amendment to this Partnership Agreement executed by all of the Parties.
11.2 Termination. City reserves the right to terminate this Partnership Agreement for convenience upon thirty (30) days' written notice to the Co-Applicants. Co-Applicants reserve the right to terminate their participation in this Partnership Agreement for convenience upon thirty (30) days written notice to the City. This Partnership Agreement shall automatically terminate if the COACHELLA PROSPERA Application does not receive a grant award based on its response to the NOFO.
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19 11.3 Co-Applicant Substitution. City, as the Lead Applicant, may remove and substitute individual Co-Applicants to this Partnership Agreement on an as needed basis, without the prior approval of other Co-Applicants.
11.4 Work Product. Each Co-Applicant shall deliver its Work Product to the City in Event of Termination.
11.5 Reimbursement. A Co-Applicant may submit a final request for reimbursement within sixty (60) days of termination. City shall review and seek reimbursement for all Co-Applicant sums for services actually performed and properly accounted for prior to the effective date of termination. No reimbursement submittals will be processed if received more than sixty (60) days after termination. Requests for reimbursement shall include invoices and any other necessary documentation, as determined by subsequent agreement between the City and the Co-Applicant.
Section 12. INDEMNIFICATION.
Each Partner shall indemnify, defend, and hold the City and the City's officers, agents, and employees harmless from all damages, costs and expenses, including reasonable attorneys' fees, in law or equity, that may arise or be incurred due to the intentional or negligent acts, errors, or omissions of that Partner, its officers, agents, or employees, in the performance of this Partnership Agreement.
City shall indemnify, defend, and hold each Partner harmless from all damages, costs and expenses, including reasonable attorneys' fees, in law or equity, that may arise or be incurred due to intentional or negligent acts, errors, or omissions of the City, its officers, agents, or employees, in the performance of thisPartnership Agreement.
Section 13. INSURANCE.
13.1 General Provisions. Immediately upon the City's issuance of the Notice to Proceed, CoApplicants shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Partnership Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. Any Party that is an authorized self-insured public entity for purposes of Professional Liability, General Liability, and Workers' Compensation warrants that it has the equivalent of the following coverages adequate to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this Partnership Agreement and shall provide a self-insured affirmation letter to the City immediately upon the City's issuance of the Notice to Proceed.
a Limitations. These minimum amounts of coverage shall not constitute anylimitation or cap on a Co-Applicant's indemnification obligations. b. Ratings. Any insurance policy or coverage provided by a Co-Applicant or Subcontractors as required by this Partnership Agreement shall be deemed inadequate and a
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20 material breach ofthis Partnership Agreement unlesssuch policy or coverage isissued byinsurance companies authorized to transact insurance business in the Federal Government with a policy holder's rating of A or higher and a Financial Class of VII or higher. c. Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
d Adequacy. City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by a Co-Applicant pursuant to this Partnership Agreement are adequate to protect that Co-Applicant. If Co-Applicant believes that any required insurance coverage isinadequate, Co-Applicant will obtain such additional insurance coverage as Co-Applicant deems adequate, at Co-Applicant'ssole expense.
13.2 Workers' Compensation Insurance. By executing thisPartnership Agreement,Co-Applicant certifies that Co-Applicant is aware of and will comply with Section 3700 of the Labor Code of the Federal Government requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Co-Applicant shall carry the insurance or provide forself-insurance required byCalifornia law to protect said CoApplicant from claims under the Workers' Compensation Act. Immediately upon the City's issuance of the Notice to Proceed, Co-Applicant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Co-Applicant is self-insured for such coverage, or 2) a certified statement that Co-Applicant has no employees, and acknowledging that if Co-Applicant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given thirty (30) days' priorwrittennoticebeforemodification orcancellation thereof.
13.3 Commercial General Liability and Automobile Insurance. Immediately upon the City's issuance of the Notice to Proceed, Co-Applicant shall obtain, andshall thereafter maintain during the term of this Partnership Agreement, commercial general liability insurance and automobile liability insurance asrequired toinsureCo-Applicant against damagesforpersonal injury,including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly orindirectly employed by, connected with, or acting for or on behalf of Co-Applicant. The City, and its officers, employees and agents, shall be named as additional insureds under theCo-Applicant'sinsurance policies. a. Co-Applicant's commercial generalliabilityinsurancepolicyshall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor'sliability, personal injury liability, and contractual liability)in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not lessthan $2,000,000.
b. Co-Applicant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Co-Applicant's automobile
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21 and/or commercial general liability insurance policies shall cover all vehicles used in connection with Co-Applicant's performance of this Partnership Agreement, which vehicles shall include, but are not limited to, Co-Applicant owned vehicles, Co-Applicant leased vehicles, Co-Applicant's employee vehicles, non-CoApplicant owned vehicles and hired vehicles. c. Immediately upon the City's issuance of the Notice to Proceed, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Partnership Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Coachella, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Coachella. d. The insurance policy or policiesshall also comply with the following provisions:
(1) If the policy is written on a claims’ made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
(2) The policy shall specify that the insurance provided by CoApplicant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
Section 14. EFFECT OF THIS PARTNERSHIP AGREEMENT.
14.1 Each Party recognizes that another Party may need additional assurances regarding the CCG funding and the scope of work related to a Project before the commencement of construction of any component of a Project, including assurances for lenders and investors.
Parties agree to cooperate with each other to reach mutual agreement on the Schedule of Performance, amendments to this Partnership Agreement, and other implementation agreements or estoppel certificates necessary to provide reasonable assurances and indemnifications. Parties further understand and agree that the Federal Government retains theultimate discretion to approve or deny CCG Grant funding. Each Party's execution of this Partnership Agreement is merely an agreement to the terms of the collaborative governance structure, contingent upon CCG Grant funding and award.
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22 14.2 Nothing contained in this Partnership Agreement shall be construed to require, or havethe effect of requiring, the City to take any action inconsistent with any applicable law, rule or regulation which governs the City's actions.
Section 15. NON-DISCRIMINATION.
Parties shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Parties agree to conform to the requirements of the Americans with Disabilities Act in the performance of this Partnership Agreement.
Section 16. DISPUTES.
Parties agree that before any Party commences any legal or equitable action, action for declaratory relief, suit, proceeding, or arbitration regarding the CCG Grant that the Parties shall first submit the dispute to mediation through a mutually acceptable professional mediator in Coachella County. Each Party shall bear its own expenses and costs associated with the mediation. Partiesshallshare the cost of a mediator equally.
Section 17. STATE DISCLAIMER.
Parties acknowledge that while the City has discussed the Project with the Strategic Growth Council, the State has not stated the conditions, if any, on which it would approve any approach to be funded pursuant to this Partnership Agreement. All terms and conditions stated in this Partnership Agreement or any other document regarding the Lead Applicant's or Co-Applicants' participation in the Project shall be modified as needed to meet all State requirements.
Section 18. MISCELLANEOUS.
18.1 Notices. Any notices, bills, invoices, or reports relating to this Partnership Agreement, and any request, demand, statement or other communication required or permitted hereunder shall be in writing to the addresses set forth on the signature pages , and shall be deemed to have been received on (a) the day of delivery, if delivered by hand during regular business hours or by confirmed facsimile during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid.
18.2 Conflict of Interest. No member, official or employee of the Parties shall have any personal interest, direct or indirect, in this Partnership Agreement nor shall any such member, official or employee participate in any decision relating to this Partnership Agreement which affects his or her personal interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
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23 18.3 Governing Law. This Partnership Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the Federal Government.
18.4 Venue. Any legal action related to the performance or interpretation of this Partnership Agreement shall be filed only in the Superior Court in Riverside County, California, and the Parties waive any provision of law providing for a change of venue to another location.
18.5 No Third-Party Beneficiaries. This Partnership Agreement is made and entered into for the sole protection and benefit of the Parties hereto and shall not create any rights in any third Parties. No other person or entity shall have any right of action based upon the provisions of this Partnership Agreement.
18.6 Section Headings. The Section headings herein are for the convenience of the Parties only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this PartnershipAgreement.
18.7 Compliance with Laws and Regulations; Legal Authority. By executing this Partnership Agreement, the Parties agree to comply with all applicable federal, state and local laws, regulations and ordinances. Nothing inthis Partnership Agreement bindsthePartiesto perform any action that is beyond its legal authority.
18.8 Authority. The persons executing this Partnership Agreement or exhibits attached hereto on behalf of the Parties to this Partnership Agreement hereby warrant and represent that they have the authority to execute this Partnership Agreement and warrant and represent that they have the authority to bind the respective Parties to this Partnership Agreement to the performance of its obligations hereunder.
18.9 Assignment. The Parties shall not assign, transfer, or subcontract any interest in this Partnership Agreement without the prior written consent of the City. Any attempt to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder, without prior written consent of City shall be null, void and of no effect.
18.10 Counterparts. This Partnership Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which shall constitute one and the sameinstrument.
18.11 Entire Agreement. This Partnership Agreement, including all exhibits and attachments hereto, is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. Any amendments to or clarification of this Partnership Agreement shall be in writing and acknowledged by all Parties to this Partnership Agreement.
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[SIGNATURES ON FOLLOWING PAGES.]
IN WITNESS WHEREOF, the PARTIES hereto have caused this Partnership Agreement to be executed by their duly authorized representatives on the dates set forth below.
CITY OF COACHELLA
a California general law city
By:
Name: Gabriel D. Martin, PhD
Its: City Manager
Dated: April 17, 2024
Address: 53990 Enterprise Way
Coachella, CA 92236
Item 27.
GRID ALTERNATIVES INLAND EMPIRE, INC.
a Delaware nonprofit corporation
By:
Name: Jaime Alonso
Its: Executive Director
Dated: April 17, 2024
Address: 2100 Atlanta Avenue
Riverside, CA 92507
Item 27.
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
a California public benefit nonprofit corporation
By:
Name: Stacy Gorin
Its: Executive Officer
Dated: April 17, 2024
Address: 1355 West 26th Street
San Bernardino, CA 92405
Item 27.
CENTER FOR EMPLOYMENT TRAINING
a California nonprofit corporation
By:
Name: Pascal Do
Its: Chief Operations Officer
Dated: April 17, 2024
Address: 701 Vine Street
San Jose, CA 95110
Item 27.
THE LATINO EQUITY ADVOCACY AND POLICY INSTITUTE
a California nonprofit corporation
By:
Name: Reynaldo Leon
Its: Executive Director
Dated: April 17, 2024
Address: 1515 E Divisadero Street, Suite #108
Fresno, CA 93721
Item 27.
KOUNKUEY DESIGN INITIATIVE, INC.
a California public benefit nonprofit corporation
By:
Name: Chelina Odbert
Its: Chief Executive Officer/Founding Principal
Dated: April 17, 2024
Address: 1515 Sixth Street
Coachella, CA 92236
Item 27.
ALIANZA COACHELLA VALLEY
a California nonprofit corporation
By:
Name: Silvia Paz
Its: Executive Director
Dated: April 17, 2024
Address: 1515 Sixth Street
Coachella, CA 92236
Item 27.
BOUND CORPORATION
a California limited liability company
By:
Name: Juan Guevara Diaz
Its: CEO
Dated: April 17, 2024
Address: 44907 Golf Center Parkway, Suite 1-2
Indio, CA 92201
Item 27.
DESERT RECREATION DISTRICT
a California nonprofit corporation
By:
Name: Kevin Kalman
Its: General Manager
Dated: April 17, 2024
Address: 45305 Oasis Street
Indio, CA 92201
Item 27.
UNIVERSITY OF CALIFORNIA, BERKELEY DISASTER
LAB
a California nonprofit corporation formed under Article IX of the California Constitution
By:
Name: Thomas Azwell
Its: Faculty Director, Disaster Lab
Dated: April 17, 2024
Address: UC Berkeley 110 Sproul Hall
Berkeley, CA 94720
Item 27.
EXHIBIT "A"
PROJECT AREA
Coachella Prospera
Project Area Map
Item 27.
EXHIBIT "B"
COLLABORATIVE GOVERNANCE STRUCTURE
EPA CCG
GRID Alternatives
Inland Empire
So. California Mtns.
Foundation Bound Corporation LEAP Institute Center for Employment Training UC Berkeley Desert Recreation District Kounkuey Design
Initiative
City of Coachella
Alianza Coachella
Valley
Item 27.
STAFF REPORT
4/24/2024
TO: Honorable Mayor and City Council Members
FROM: Dr. Gabriel Martin, City Manager
SUBJECT: Approve the Adoption of Resolution No. 2024-13 Approving the City of Coachella to Join the Joint Powers Authority Executive Committee and Approving the Amendment to the Second Amended and Restated Joint Powers Agreement with the Visit Greater Palms Springs (VGPS)
STAFF RECOMMENDATION:
Staff recommends:
1. Approving the adoption of Resolution No. 2024-13 approving the City of Coachella to join the Joint Powers Authority (JPA) Executive Committee;
2. Approving the amendment to the Second Amended and Restated Joint Powers Agreement with the Visit Greater Palms Springs (VGSP);
3. Appointing a council member to represent the City on the JPA Executive Committee;
4. Authorize the payment in the amount of $35,327 for the entry and operation fee; and
5. Authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY:
The Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and Visitors Bureau (CVB) is a joint powers authority operating under the Joint Exercise of Powers Act. The VGPS promotes and enhances the hospitality, convention, and tourism industry in the Coachella Valley to the benefit of its member agencies and organizations, and their residents. On February 29, 2024, the VGPS Executive Committee approved the Second Amended and Restated Joint Powers Agreement (2nd Amendment). On March 29, 2024, the VGPS Executive Committee approved an amendment to the Second Amended and Restated Joint Powers Agreement, which then requires the approval of all the City Councils of all the existing members.
BACKGROUND:
The VGPS, formerly the Convention and Visitors Bureau (CVB), was formed in 1989 to promote and enhance the hospitality, convention, and tourism industry in the Coachella Valley. Its operative legal document is the Joint Powers Agreement (JPA), executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016.
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On February 29, 2024, the VGPS Executive Committee approved the Second Amended and Restated Joint Powers Agreement (2nd Amendment), via Resolution No. JPA 2024-002, which amended and added various sections of the JPA, briefly summarized below:
Amend Section 3 (Purpose) – to revise the purpose set forth in the JPA to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy.
Amend Section 8 (Additional Member) – to include the City of Coachella as a VGPS Member.
Amend Section 10 (JPA Executive Committee – Powers and Duties) – to expand the territorial boundaries of the JPA to include the City of Coachella. Amend Section 11 (Territorial Boundaries) – to create a 501(c) (6) entity, formerly the Board of Directors, to manage the destination activities of the JPA. Add Section 24 Voting – to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated.
Amend language throughout for necessary updates and consistency.
Section 24 of the 2016 JPA provides that the JPA may be amended from time to time by a twothirds vote of the entire JPA Executive Committee and 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 law. Section 24 has been renumbered to Section 27 in the 2nd Amendment.
On March 29, 2024, the VGPS Executive Committee approved an amendment to the 2nd Amendment, via Resolution No. JPA 2024-003, to amend Section 12 (Contributions) to add:
Subsection (a) – a one-time Initial Membership Fee consisting of an Entry Fee and Operation Fee; and
Subsection (b) – an annual contribution from each VGPS Member of either 1) minimum $35,000 each year, or 2) the applicable contribution amounts set forth in the JPA formula of Gross Rental Room Revenue for Lodging Establishments and Convention Hotels, whichever is greater.
In accordance with the JPA, the proposed amendment to the 2nd Amendment requires the approval of all City Councils that are member agencies.
DISCUSSION/ANALYSIS:
VGPS approached the City of Coachella and recommended adding the City of Coachella to the JPA Executive Committee. This recommendation is based on the addition of economic development diversity recruitment and the addition of short-term vacation rentals. During the JPA agreement amendment process VGPS learned that when the JPA was first established and organized, an entry and operation fee were required of all JPA member agencies.
Item 28.
Upon executing the Joint Powers Agreement on February 1, 1989, the original JPA members (eight cities) paid an upfront fee to help establish the organization. Commencing July 1, 1989, and quarterly thereafter, each JPA member agency contributed an amount based on a funding formula.
The interim funding fee and interim operation fee were divided among the JPA member cities.
The interim fee was based on .55% x gross sales and the operation fee was based on the interim fee multiplied by 15.62%. Please see the original interim funding schedule below:
Fiscal Year 1988/1998 Interim Funding Formula
FY 1987-1988 FY 1987-1988
City Estimated Gross
Sales
x .55% Interim Operation x
15.62%
Desert Hot Springs $ 3,338,000.00 $ 18,359.00 $ 2,868.00 Palm Springs $ 63,333,000.00 $ 348,332.00 $ 54,409.00
Cathedral City $ 10,744,000.00 $ 59,092.00 $ 9,230.00
Rancho Mirage $ 23,750,000.00 $ 130,625.00 $ 20,404.00
Palm Desert $ 47,083,000.00 $ 258,957.00 $ 40,449.00
Indian Wells $ 9,857,000.00 $ 54,214.00 $ 8,468.00
La Quinta $ 9,250,000.00 $ 50,875.00 $ 7,947.00
Indio $ 5,375,000.00 $ 29,563.00 $ 4,618.00
Coachella $ - $ 10,000.00 $ 1,562.00
Total $ 172,730,000.00 $ 960,017.00 $ 150,000.00
Riverside County joined the JPA Executive Committee in 1995. The amendment to the Joint Powers Agreement approving and adopting the membership of Riverside County established a minimum contribution of $30,000. The minimum annual contribution was subject to an annual increase at a rate of 5% per year.
Based on the City of Coachella’s historical transient occupancy tax (TOT) budget figures and using the JPA formula, the following table outlines what Coachella’s annual JPA contribution would have been for previous years. These calculations are for reference:
City of Coachella
Fiscal Year TOT Gross Revenues JPA Formula
2017/2018 $90,360.00 $1,004,000.00 $1,506.00
2018/2019 $133,385.00 $1,482,055.56 $2,223.08
2019/2020 $227,076.00 $2,523,066.67 $3,784.60
2020/2021 $533,044.00 $5,922,711.11 $8,884.07
2021/2022 $710,666.00 $7,896,288.89 $11,844.43
2022/2023 $380,060.00 $4,222,888.89 $6,334.33
2023/2024 $500,000.00 $5,555,555.56 $8,333.33
Item 28.
Based on the formula from FY88/89 and the most recent estimated TOT collections, the initial fee charged to Coachella to join the JPA Executive Committee would be as follows:
The City of Coachella entry fee calculation is based on their FY 23/24 gross revenues estimate, which is $5,555,555.56.
$5,555,555.00 x .55% = $30,555, plus the operation fee ($30,555 x 15.62%) = $4,772. The total amount would be $35,327.
VGPS Staff are recommending any new member agency should pay the entry fee and the fee should be paid within 30 days of joining the JPA Executive Committee. Outlined below are the current JPA contribution estimates. These figures may fluctuate depending on the final gross revenues.
Visit Greater Palm Springs Funding Budgets - Desert Cities Fiscal Year 2023-2024 JPA Member 23/24 Annual Contribution
Cathedral City $ 50,625.00
Desert Hot Springs $ 42,841.99
Indian Wells $ 285,714.29
Indio $ 77,550.00
La Quinta $ 389,393.18
Palm Desert $ 425,000.00
Palm Springs $ 874,599.17
Rancho Mirage $ 374,591.80
Riverside County $ 12,500.00
VGPS Staff is recommending due to the additional responsibilities of economic development recruitment and the broader benefits recognized by the member agencies, a minimum annual JPA member contribution of $35,000 or the current JPA formula, whichever is greater. The minimum would apply to each JPA member, and the minimum fee would increase annually based on the CPI for Southern California. The JPA formula would not be subject to the CPI adjustment. The annual JPA member contribution, whether the minimum fee or formula fee, would be paid quarterly to the organization and adjusted at the end of the fiscal year based on actual gross room revenues.
ALTERNATIVES:
1. Not approve the adoption of Resolution No. 2024-13 for the City of Coachella to join the JPA Executive Committee.
Item 28.
2. Provide staff with alternative direction
FISCAL IMPACT:
The proposed amendment includes the addition of a one-time Initial Membership Fee for new VGPS members, consisting of an Entry Fee and Operation Fee, and a minimum Annual Contribution from all members. The Annual Contribution would be the greater of either: 1) $35,000, or 2) the applicable contribution amounts based on the formula set forth in the 2nd Amendment.
Should the City Council approve staff recommendations, this action would authorize the appropriations in the amount of $35,324 from the General Fund Unreserved Fund Balance (Fund 101) for this fiscal year. Furthermore, would have a future annual impact of $35,000 moving forward in each fiscal year.
ATTACHMENTS:
1. Resolution No. 2024-13 approving the City of Coachella to join the Joint Powers Authority (JPA) Executive Committee and approving the Amendment to the Second Amended and Restated Joint Powers Agreement with the Visit Greater Palms Springs (VGSP).
2. VGPS Staff Report – March 29, 2024
3. VGPS Resolution No. JPA 2024-003 – Approving an amendment to the Section 12 of the Amended and Restarted Joint Powers Agreement Regarding Contribution Schedule for the Joint Powers Authority Members
4. VGPS 2nd Amended and Restated JPA Agreement
5. VGPS Redlined 2nd Amended and Restated JPA Agreement
6. VGPS – 1989 JPA Agreement
7. VGPS – 2023 Results and 2024 Goals
Item 28.
RESOLUTION NO. 2024-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COACHELLA, CALIFORNIA, APPROVING THE CITY OF
COACHELLA TO JOIN THE JOINT POWERS AUTHORITY
EXECUTIVE COMMITTEE AND APPROVING THE AMENDMENT TO
THE SECOND AMENDED AND RESTATED JOINT POWERS
AGREEMENT WITH THE VISIT GREATER PALM SPRINGS (VGPS)
WHEREAS, Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and 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 VGPS was formed in 1989 and the operative legal document governing the VGPS as a joint powers authority is the Joint Powers Agreement (JPA), originally executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016; and
WHEREAS, Section 24 of the JPA provides that the JPA may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and 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 law; Section 24 has been renumbered to Section 27 in the Second Amended and Restated JPA; and
WHEREAS, Section 3 (Purpose) of the JPA provides that the purpose of the VGPS 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 VGPS Members and their constituents; and WHEREAS, Section 8 (Additional Members) of the JPA provides that additional VGPS Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds vote of the entire JPA Executive Committee and 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, Section 10 (JPA Executive Committee – Power and Duties) of the JPA currently authorize the JPA Executive Committee to appoint an advisory board (known as the Board of Directors) to conduct certain activities on behalf of the JPA; the JPA Executive Committee determines that it is in the best interest of the JPA to create a 501(c) (6) entity, formerly the Board of Directors, to manage the destination activities of the JPA as further set forth below; and
WHEREAS, Section 11 (Territorial Boundaries) of the JPA provides that VGPS territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley
Item 28.
Resolution No. 2024-13
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. The territorial boundaries of VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the VGPS Members’ legislative bodies; and
WHEREAS, Section 12 (Contributions) of the JPA sets forth the contribution amounts for JPA Members’ participation in the JPA. Pursuant to the JPA, the contribution amounts may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies; and
WHEREAS, on February 29, 2024, the VGPS Executive Committee adopted Resolution No. JPA 2024-002 approving the Second Amended and Restated JPA, and incorporated herewith by this reference, to:
(1) Amend Section 3 (Purpose) – to revise the purpose set forth in the JPA, to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy; and
(2) Amend Section 8 (Additional Members) – to include the City of Coachella as a VGPS Member; and
(3) Amend Section 10 (JPA Executive Committee – Power and Duties) – to expand the territorial boundaries of the JPA to include the City of Coachella; and (4) Amend Section 11 (Territorial Boundaries) – to create a 501(c) (6) entity, formerly the Board of Directors, to manage the destination activities of the JPA; and (5) Add Section 24 (Voting) – to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated; and
(6) Amend language throughout for necessary updates and consistency; and WHEREAS, on March 29, 2024, the Executive Committee adopted Resolution No. JPA 2024-003 approving an amendment to the Second Amended and Restated JPA, enclosed as and incorporated herewith by this reference to:
(7) Amend Section 12 (Contributions) to add the following subsections:
(a) Initial Membership Fee – consisting of an Entry Fee and Operation Fee based on the calculations set forth in Section 12(a) as detailed in Exhibit A; and (b) Annual Contribution – to note that each VGPS Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in formula of VGPS JPA Second Amended and Restated Agreement.
Item 28.
Resolution No. 2024-13
NOW, THEREFORE, BE IT RESOLVED, that this City Council of the City of Coachella, California, as follows:
1. The recitals set forth hereinabove are true and correct; constitute the findings of the City Council; and are incorporated herewith by this reference.
2. Approve the City of Coachella to join the Joint Powers Authority (JPA) Executive Committee.
3. Approve the Amendment to the Second Amended and Restated Joint Powers Agreement with the Visit Greater Palms Springs (VGSP).
4. Appoint a council member to represent the City on the JPA Executive Committee.
5. Authorize the payment in the amount of $35,327 for the entry and operation fee.
6. Authorize the City Manager to execute the agreement.
PASSED, APPROVED and ADOPTED this 24th day of April 2024. ___________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
___________________________________
Carlos Campos
City Attorney
Item 28.
Resolution No. 2024-13
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF COACHELLA
)
) ss.
)
I HEREBY CERTIFY that the foregoing Resolution No. 2024-13 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 24th day of April 2024 by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Delia Granados
Deputy City Clerk
Item 28.
STAFF REPORT
TO: JPA Member Cities
FROM: Scott White, President & CEO
DATE: March 29, 2024
SUBJECT: THE JPA EXECUTIVE COMMITTEE IS RECOMMENDING APPROVAL AND ADOPTION OF THE
AMENDED AND RESTATED JOINT POWERS AGREEMENT TO ADD ECONOMIC DEVELOPMENT DIVERSITY
RECRUITEMENT, GUIDELINES FOR ADDING A NEW MUNICIPALITIES (CITY OF COACHELLA) AND
CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY MEMBERS Background
The VGPS staff recommended adding the City of Coachella to the JPA Executive Committee. This recommendation was based on the new economic development diversity recruitment responsibilities and the addition of short-term vacation rentals in the City of Coachella. During the JPA agreement amendment process VGPS staff learned that when the JPA was first established, an entry and operation fee were required of all JPA member agencies.
Upon executing the Joint Powers Agreement on February 1, 1989, the original JPA members (eight cities) paid an upfront fee to help establish the organization. Commencing July 1, 1989, and quarterly thereafter, each JPA member agency contributed an amount based on a funding formula.
The interim funding fee and interim operation fee were divided among the JPA member cities. The interim fee was based on .55% x gross sales and the operation fee was based on the interim fee multiplied by
15.62%. Please see the original interim funding schedule below:
Fiscal Year 1988/1989
Interim Funding Formula
FY 1987-1988 FY 1987-1988
City
Estimated Gross
Sales x .55%
Interim Operation x
15.62%
Desert Hot Springs $ 3,338,000.00 $ 18,359.00 $ 2,868.00 Palm Springs $ 63,333,000.00 $ 348,332.00 $ 54,409.00
Cathedral City $ 10,744,000.00 $ 59,092.00 $ 9,230.00
Rancho Mirage $ 23,750,000.00 $ 130,625.00 $ 20,404.00
Palm Desert $ 47,083,000.00 $ 258,957.00 $ 40,449.00
Indian Wells $ 9,857,000.00 $ 54,214.00 $ 8,468.00
La Quinta $ 9,250,000.00 $ 50,875.00 $ 7,947.00
Indio $ 5,375,000.00 $ 29,563.00 $ 4,618.00
Coachella $ - $ 10,000.00 $ 1,562.00
Total $ 172,730,000.00 $ 960,017.00 $ 150,000.00
Riverside County joined the JPA Executive Committee in 1995. The amendment to the Joint Powers Agreement approving and adopting the membership of Riverside County established a minimum
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contribution of $30,000. The minimum annual contribution was subject to an annual increase at a rate of 5% per year. Outlined below are the historical payments made by Riverside County.
Riverside County Annual Contribution
1995 $ 31,500.00
1996 $ 31,500.00
1997 $ 33,000.00
1998 $ 34,729.00
1999 $ 36,465.00
2000 $ 38,288.00
2001 $ 40,202.00
2002 $ 42,216.00
2003 $ 44,323.00
2004 $ 46,540.00
2005 $ 48,865.00
2006 $ 57,172.00
2007 $ 57,172.00
2008 $ 48,824.00
2009 $ 36,618.00
New JPA formula began Jan 2010
2010 1st half $ 18,309.00
FY 2010-2011 $ -
FY 2011-2012 $ 12,000.00
FY 2012 through
2023 $ 12,500.00
When the TBID was established in 2009, the JPA formula was reduced by 75%. Riverside County’s annual contribution amount was reduced to align with the reduction of the JPA formula. Riverside County paid $12,500 each year since FY 12/13.
We have no record why Riverside County has not used the established JPA formula that is currently .15% of gross rental revenues for non-convention lodging and .35% for convention lodging.
For reference, the Riverside County estimated JPA formula contribution for FY 22/23 would have been $25,093.
Based on the City of Coachella’s historical transient occupancy tax (TOT) budget figures and using the JPA formula, the following table outlines what Coachella’s annual JPA contribution would have been for previous years. These calculations are for reference:
City of Coachella
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FY TOT
Gross
Revenues
JPA
Formula
2017/2018 $90,360.00 $1,004,000.00 $1,506.00
2018/2019 $133,385.00 $1,482,055.56 $2,223.08
2019/2020 $227,076.00 $2,523,066.67 $3,784.60
2020/2021 $533,044.00 $5,922,711.11 $8,884.07
2021/2022 $710,666.00 $7,896,288.89 $11,844.43
2022/2023 $380,060.00 $4,222,888.89 $6,334.33
2023/2024 $500,000.00 $5,555,555.56 $8,333.33
Based on the formula from FY 88/89 and the most recent estimated TOT collections, the initial fee charged to Coachella to join the JPA Executive Committee would be as follows:
The city of Coachella entry fee calculation is based on their FY 23/24 gross revenues estimate. $5,555,555.00 x .55% = $30,555 plus the operation fee ($30,555 x 15.62%) = $4,772. The total amount would be $35,327.
Staff are recommending any new member agency should pay the entry fee and the fee should be paid within 30 days of joining the JPA Executive Committee.
Outlined below are the current JPA contribution estimates. These figures may fluctuate depending on the final gross revenues and are provided for reference.
Visit Greater Palm Springs Funding Budgets - Desert
Cities 'Fiscal Year 2023-2024
JPA Member 23/24 Annual Contribution
Cathedral City $ 50,625.00
Desert Hot Springs $ 42,841.99
Indian Wells $ 285,714.29
Indio $ 77,550.00
La Quinta $ 389,393.18
Palm Desert $ 425,000.00
Palm Springs $ 874,599.17
Rancho Mirage $ 374,591.80
Riverside County $ 12,500.00
Staff is recommending due to the additional responsibilities of economic development recruitment and the broader benefits recognized by the member agencies, a minimum annual JPA member contribution of $35,000 or the current JPA formula, shown below, whichever is greater, should be required by all member agencies, including Riverside County, and may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each of the JPA Members is a funding mechanism equal to:
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.0015 x Gross Room Rental Revenue for Lodging establishments excluding Convention Hotels, and .0035 x Gross Room Rental Revenue for Convention Hotels The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.
There is no material impact to the current JPA member cities.
Item 28.
1 RESOLUTION NO. JPA 2024-003
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT
REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY
MEMBERS
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority (“JPA”) operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the JPA Executive Committee serves as the governing body of VGPS; and
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement (“Amended and Restated Agreement”) on January 20, 2016 (“JPA Agreement”); and
WHEREAS, section 12 of the JPA Agreement sets forth the contribution amounts for JPA Members’ participation in the JPA. Pursuant to the JPA Agreement, the contribution amounts may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies; and
WHEREAS, in accordance with the above referenced sections of the JPA Agreement, the JPA Executive Committee now desires to revise the JPA Members’ contribution amounts as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the 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. JPA Member Contributions.
That the JPA Executive Committee hereby approves and adopts the following amendment to section 12 (“Contributions”) of the JPA Agreement:
(a) Each new JPA Member shall pay to the JPA a one-(1) time fee of $__________ upon commencing membership in the JPA and within five (5) working days of the date of a written demand for payment from VGPS. (b) Each JPA Member shall pay to the JPA (i) the greater of $________ each year, or (ii) 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 JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE Gary Gardner, Chair
City of Desert Hot Springs
Waymond Fermon, Vice Chair
City of Indio
Mark Carnevale
City of Cathedral City
Greg Sanders
City of Indian Wells
Linda Evans
City of La Quinta
Jan Harnik
City of Palm Desert
Jeffrey Bernstein
City of Palm Springs
Steve Downs
City of Rancho Mirage
V. Manuel Perez
County of Riverside
Item 28.
2 to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.
Section 3. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to) seek the approval of the amendment to section 12 of the JPA Agreement by the legislative bodies of the JPA Members.
Section 4. 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 5. 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 6. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 7. 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.
[Remainder of this page intentionally left blank.]
Item 28.
3 PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the __ day of March, 2024, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
___________________________________
Gary Gardner, Chair
Executive Committee
Visit Greater Palm Springs
ATTEST:
___________________________________
Sarah Goslin, Clerk for the Executive Committee
APPROVED AS TO FORM:
___________________________________
Lena D. Wade, General Counsel
Item 28.
1 VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. _________________, 2024
Item 28.
i
TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 First Amended and Restated Agreement Superseded – Effective Date 3 Section 6 Termination...................................................................................... 3 Section 7 JPA Members.................................................................................. 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties............................. 4 Section 11 Territorial Boundaries...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity................................................................................. 6 Section 15 Powers of the JPA............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations............................................. 9 Section 19 Treasurer – Duties and Responsibilities........................................... 9
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ii
Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ........................................................................................... 10 Section 24 Amendments.................................................................................. 10 Section 25 Ambiguities or Uncertainties......................................................... 11 Section 26 Applicable Law.............................................................................. 11 Section 27 Venue............................................................................................. 11 Section 28 Notices........................................................................................... 11 Section 29 Counterparts................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12
EXHIBIT A
Territorial Boundaries.......................................................................................................... 16
Item 28.
This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, 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, and 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. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member” and collectively as “JPA Members.”
RECITALS
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 JPA Members entered into the original joint powers agreement on February 8, 1989, 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 JPA Members have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Joint Powers Agreement, dated January 20, 2016, including any subsequent amendments (“First Amended and Restated Agreement”), and shall restate, amend and supersede the First Amended and Restated Agreement in its entirety as of the Effective Date; and
WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
Item 28.
AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
“Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10. “JPA Member” shall mean a municipality that is party to this Agreement. “JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.
“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Lodging Establishments” 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, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“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 VGPS, who is responsible for professionally supervising, managing, and administering VGPS’s dayto- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. “TBID” shall mean Tourism Business Improvement District assessment.
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“Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
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 VGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing 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; and
(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.
Section 4. Name
The name of the JPA shall be “Visit Greater Palm Springs” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote ofthe entire JPA Executive Committee.
Section 5. First Amended and Restated Agreement Superseded - Effective Date It is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Agreement and shall restate, amend and supersede the First Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA 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
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a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).
Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the JPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA 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 JPA Members’ treasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA.
(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.
The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.
Section 7. JPA Members
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, 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 JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA 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
(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 JPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA 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 ofthe JPA,
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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;
(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) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and 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 needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist 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. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.
Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (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 JPA 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) 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
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreementshall be subject to the restrictions upon the manner of exercising such similar powers
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as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.
Section 11. Territorial Boundaries
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, Coachella, 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 VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies.
Section 12. Contributions
(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:
(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%. (ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.
The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) 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 ofthe JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.
Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal.
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(b) The effective date of withdrawal shall always be the last day of the VGPS’s Fiscal Year.
(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA 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 JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.
Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.
Section 15. Separate Entity
Except for termination as provided in Section 6 of this Agreement, 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 JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.
Section 16. Powers of the JPA
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
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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; (d) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (e) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
(f) 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;
(g) 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; (h) 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; (i) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
(j) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (k) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (l) 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, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this Agreement by the JPA Members constitutes consent to:
(i) 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 VGPS in connection with formation of the said district (“2013 TMD”); and
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(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (m) 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; (n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(o) 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; (p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
(q) The power to sue and be sued in the name of the JPA; (r) 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 growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;
(t) 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;
(u) The power to lobby on behalf of tourism and economic development; (v) 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 tourism and economic development industry; and
(w) 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 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest
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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 18. 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:
(a) President/Chief Executive Officer;
(b) Director of Finance; and
(c) Treasurer.
Section 19. 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 20. 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 the 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 no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.
Section 21. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an
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independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.
Section 22. Auditor’s Duties
The Auditor shall perform the following duties:
(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 23. Attorney’s Fees
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.
Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.
Section 25. 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.
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Section 26. 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 27. 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 JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
Section 28. Ambiguities or Uncertainties
The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA 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 JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member.
Section 29. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Section 30. 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 31. Notices
Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, returnreceipt 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:
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City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 32. 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 33. 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.
CITY OF CATHEDRAL CITY
_________________________________
Mark Carnevale, Mayor
Dated: ___________________________
_________________________________
Charlie McClendon, City Manager
ATTEST:
_________________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney
CITY OF COACHELLA
_________________________________
Steven Hernandez, Mayor
Dated: ___________________________
_________________________________
Gabriel Martin, City Manager
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Carlos Campos, City Attorney
CITY OF DESERT HOT SPRINGS
_________________________________
Scott Matas, Mayor
Dated: ___________________________
_________________________________
Frank Luckino, City Manager
ATTEST:
_________________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
CITY OF INDIAN WELLS
_________________________________
Greg Sanders, Mayor
Dated: ___________________________
_________________________________
Christopher Freeland, City Manager
ATTEST:
_________________________________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
________________________________
Todd Leishman, City Attorney
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CITY OF INDIO
_________________________________
Guadalupe Ramos Amith, Mayor
Dated: ___________________________
_________________________________
Bryan Montgomery, City Manager
ATTEST:
_________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
________________________________
Steven P. Graham, City Attorney
CITY OF LA QUINTA
_________________________________
Linda Evans, Mayor
Dated: ___________________________
_________________________________
Jon McMillen, City Manager
ATTEST:
_________________________________
Monika Redeva, City Clerk
APPROVED AS TO FORM:
________________________________
William H. Ihrke, City Attorney
CITY OF PALM DESERT
_________________________________
Karina Quintanilla, Mayor
Dated: ___________________________
_________________________________
Todd Hileman, City Manager
ATTEST:
_________________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
________________________________
Isra Shah, City Attorney
CITY OF PALM SPRINGS
_________________________________
Jeffrey Bernstein, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
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CITY OF RANCHO MIRAGE
_________________________________
Steve Downs, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B, Quintanilla, City Attorney
COUNTY OF RIVERSIDE
____________________________________
Chuck Washington, Chairman
____________________________________
Jeff Van Wagenen, County Executive
Manager
ATTEST:
____________________________________
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Minh Tran, County Counsel
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EXHIBIT A
TERRITORIAL BOUNDARIES
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1 Greater Palm Springs Convention & Visitors Bureau
VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.
JANUARY 20, 2016
_________________, 2024
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TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 InitialFirst Amended and Restated Agreement Superseded – Effective Date 3
Section 6 Termination...................................................................................... 3 Section 7 CVBJPA Members.......................................................................... 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties............................. 4 Section 11 Territorial Boundaries...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity............................................................................... 76 Section 15 Powers of the JPA............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations............................................. 9 Section 19 Treasurer – Duties and Responsibilities........................................... 9 Formatted: Not Expanded by / Condensed by
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ii
Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ....................................................................................... 1110 Section 24 Amendments.............................................................................. 1110 Section 25 Ambiguities or Uncertainties......................................................... 11 Section 26 Applicable Law.............................................................................. 11 Section 27 Venue............................................................................................. 11 Section 28 Notices........................................................................................... 11 Section 29 Counterparts................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12
EXHIBIT A
Territorial Boundaries.......................................................................................................... 16
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1 This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered heretointo by and between the cities of Cathedral City, Coachella, 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, and 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 Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”).
The parties to this Agreement are individually referred to herein as “CVBJPA Member” and collectively as “CVBJPA Members.”
RECITALS
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 CVBJPA 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 worldwide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the CVBJPA Members have in common; and WHEREAS, it is intended by the CVBJPA Members that this Agreement shall be amendatory of the original joint powers agreementFirst Amended and Restated Joint Powers Agreement, dated February 8, 1989January 20, 2016, including any subsequent amendments (“InitialFirst Amended and Restated Agreement”), and shall restate, amend and supersede the InitialFirst Amended and Restated 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.
WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.
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2 forth, and intending to be legally bound hereby, the CVBJPA Members hereby covenant and agree as follows:
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3 AGREEMENT
Section 1. Definitions
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. “Additional JPA Members” shall mean qualified organizationsmunicipalities that may be added as members of CVBJPA as described in Section 8. “Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
that provides facilities“JPA” shall mean the Joint Powers Authority and services designedmay also be referred to host meetings or gatherings within or upon the same premises of the hotel or within a facility (herein as VGPS. “JPA Executive Committee” shall mean the JPA’s governing body formed for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotelthe purposes and having the powers and duties set forth in Section 10. “CVB Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“CVB“JPA Member” shall mean an organizationa municipality that is party to this Agreement.
“CVBJPA Members” shall mean, collectively, the organizationsmunicipalities that have entered into this Agreement.
“CVBJPA 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.
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Item 28.
4 “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 privatepublic or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and 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.
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 CVBVGPS, who is responsible for professionally supervising, managing, and administering CVB’sVGPS’s day-to- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.
“TBID” shall mean Tourism Business Improvement District assessment. “Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of CVB’sVGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by CVB’sVGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority Formatted: Right: 0"
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Item 28.
5 formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
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 AgreementVGPS is to form a joint powers authority tobenefit all JPA Members and their constituents by jointly encourage, promote, and to do:
(a) Marketing, attracting, encouraging, promoting, and doing 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.; and (b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.
Section 4. Name
The name of the JPA shall be the ““Visit Greater Palm Springs Convention & Visitors Bureau” (“CVB” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote ofthe entire JPA Executive Committee.
Section 5. InitialFirst Amended and Restated Agreement Superseded - Effective Date
It is intended by the CVBJPA Members that this Agreement shall be amendatory of the InitialFirst Amended and Restated Agreement and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVBJPA 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 CVBJPA Members’ legislative bodies (“Effective Date”).
Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the CVBJPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVBJPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVBJPA Member as described in Section 13; and
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Item 28.
6 (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 CVBJPA Members’ treasuries in proportion to the CVBJPA Member Contributions made by the respective CVBJPA Member to the JPA. (c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.
The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.
Section 7. CVBJPA Members
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, 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 CVBJPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVBJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVBJPA 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
(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 CVBJPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the CVBJPA 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 ofthe 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;
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Item 28.
7 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(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and 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 needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist 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;. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.
Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (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 CVBJPA 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) (e) 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)(f) Create any committees, sub-committees, advisory committees and advisory boardscommittees, 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)(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Formatted ...
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Item 28.
8 Agreementshall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.
Section 11. Territorial Boundaries
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, Coachella, 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 CVBVGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe CVBJPA Members’ legislative bodies.
Section 12. Contributions
(a) Initial Membership Fee. Each CVBnew JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:
(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%. (ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.
The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
(a)(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) 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 CVBJPA 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 CVBJPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe CVBJPA Membersis a funding mechanism equal to:
.0015 x GrossRoom Rental Revenue for Non-Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (b)(a) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVBJPA Members.
Section 13. Withdrawal
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Item 28.
9 Any Party may withdraw as a CVBJPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing CVBJPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day ofthe CVB’VGPS’ s Fiscal Year.
(c) All CVBJPA Member Contributions must be paid in full by the withdrawing CVBJPA Member through the end of the current CVBVGPS Fiscal Year of the year when the withdrawing CVBJPA Member provides its Notice of Withdrawal as well as the following CVBVGPS Fiscal Year.
(d) After giving notice of withdrawal, a withdrawing CVBJPA 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 CVBJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the CVBVGPS an amount equal to all CVBJPA Member Contributions which the withdrawing CVBJPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the CVBVGPS may remain active Partners as long as their respective government entity is a CVBJPA Member and during the period of their CVBJPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.
Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.
Section 15. Separate Entity
PursuantExcept for termination as provided in Section 6 of this Agreement, 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 Formatted: Condensed by 0.1 pt
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Item 28.
10 shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one CVBJPA Member except that any CVBJPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.
Section 1516. Powers of the JPA
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)(b) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (d)(c) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
(e)(d) 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;
(f)(e) 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)(f) 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)(g) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
(i)(h) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (j)(i) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (j) 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 Formatted: Right: 0"
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