RESOLUTION NO. 27-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH THE
PLEASANT HILL CHAMBER OF COMMERCE TO SERVE AS THE
OWNERS' ASSOCIATION FOR THE PLEASANT HILL TOURISM
IMPROVEMENTDISTRICT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600, et seq.) authorizes the City to establish business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and
WHEREAS, on March 20, 2017, the City Council, approved Resolution No. 29-17 establishing the Pleasant Hill Tourism Improvement District (PHTID) for a five (5) year term, beginning April 1, 2017, and continuing through March 31, 2022; WHEREAS, The Pleasant Hill Chamber of Commerce (Contractor) was designated in both the Resolution and the Management District Plan (MDP) as the Owners' Association in accordance with Streets and HighwaysCode section 36614.5. The Contractormanages the day-to-day operations of the programs identified in the MDP including the provision of annual reports with audited financial statementsdue to the City by the end of July each year.
WHEREAS, the PHTID has changed its fiscal year to a July through June cycle and the Contractor has submitted a request to modify the deadline date for submitting the annual report with audited financial statements to the City Council from July 31st to September 30th through the end of the contract term and the City Council is agreeable to modifying the deadline.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill, that the City Manager is hereby authorized to execute a first amendment to the agreement with the Pleasant Hill Chamber of Commerce Serving as the Owners' Association of the Pleasant Hill Tourism ImprovementDistrict (Exhibit 1).
(Signatureson the FollowingPage]
1 ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 6th day of April, 2020, by the following vote:
AYES: Carlson, Flaherty, Harris, Noack, Rinn
NOES: None
ABSENT: None
ABSTAIN: None
MATTHEWRINN,Mayor
ATTEST:
Kee Vason yor arol Wi
AROL WU. Citv Cler
APPROVED AS TO FORM;
sanet Coleso UD
JANET E. COLESON, City Attorney
2 FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH THE PLEASANT HILL CHAMBER OF
COMMERCE SERVING AS THE OWNERS' ASSOCIATION FOR THE PLEASANT HILL TOURISM
IMPROVEMENT DISTRICT
This first amendment, dated of , 2020, hereinafter referred to as the "Effective Date," is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as the "City," and the Pleasant Hill Chamber of Commerce, a California non-profit corporation, hereinafter referred to as "Contractor," collectively referred to as the "Parties."
RECITALS
A. On March 20, 2017, the City Council adopted Resolution No. 29-17, hereinafter the "Resolution," creating the Pleasant Hill Tourism Improvement District, hereinafter "PHTID," in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
B. Contractor was designated in the Resolution and PHTID Management District Plan as the Owners' Association in accordance with Streets and Highways Code section 36614.5. c. The Contractor has requested a first amendment to the agreement to adjust the deadline for submittal of the annual report to the Pleasant Hill City Council, and said Council reviewed the request at their meeting of March 16, 2020 and approved the amendment.
AMENDMENT TO AGREEMENT
Now, therefore, the parties agree to amend the agreement as follows:
Section 14 is hereby replaced in its entirety with the following new Section 14.
14. Annual Report. On an annual basis, Contractor shall submit to the City Council the report required by Streets and Highways Code §36650 and the Management District Plan, hereinafter "the Annual Report." The Annual Report shall be due each fiscal year except the first year for which assessments are due to be levied and collected. The first annual report is due after the first year of operation on or before July 31, 2018, and shall be due in subsequent years on or before September 30th. Each Annual Report shall include an audited financial statement.
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures.
City of Pleasant Hill Pleasant Hill Chamber of Commerce By_ By_
(print name) (print name)
Title: Title:
Date: Date:
1 Exhibit A is hereby replaced in its entirety with Exhibit A-1 EXHIBIT A-1
Scope of Services
Contractor shall provide the following services:
1. Contractor shall cooperate with City and City staff in the performance of all work hereunder.
2. Contractor will provide projects, programs and activities that benefit businesses within the PHTID in accordance with the PHTID Management District Plan attached hereto and any subsequent amendments thereto.
3. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law") including but not limited to:
a. Preparation of the Annual Report required by the Law, which shall include:
1. Any recommended changes to boundaries;
2. The improvements and activities to be provided for that fiscal year;
3. An estimate of cost for providing the improvements and activities;
4. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year;
5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The amount of any contributions to be made from sources other than assessments.
b. Annual Report shall be due each fiscal year, except the first year for which assessments are due to be levied and collected. The first annual report is due after the first year of operation on or before July 31, 2018, and then on or before September 30 of each year through the term of the district.
4. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City.
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