Agenda packet — Rancho Mirage City Council, October 15, 2026 (part 2 of 2)

of 1-28-65 for “4 UNIT APts - CONDOMINIUM” for “Units 5-6-7-8” signed by builder “R. F. McCarthy Jr.” 337

Page 2 ends

of 1-28-65 provides a sketch of the respective positions of units #5, #6, #7 and #8 in the “Bldg #2” fourplex (sketch is oriented with west at top).

338

73 APPENDIX VI

BIBLIOGRAPHY

Books

Biller, Steven, editor. Rancho Mirage at Fifty. Desert Publications, Inc., 2024.

Gane, John F., editor. American Architects Directory, Third Edition (R.R. Bowker Company, 1970), 382.

Hess, Alan. The Palm Springs School: Desert Modernism 1934-1975. Rizzoli International Publications, Inc., 2025.

Keylon, Steven. The Modern Architecture of Hugh Michael Kaptur. Palm Springs Preservation Foundation, 2019.

Koyl, George S., editor.

American Architects Directory, First Edition. R.R. Bowker Company, 1956.

American Architects Directory, Second Edition. R.R. Bowker Company, 1962, 292.

Riche, Melissa. Mod Mirage: The Midcentury Architecture of Rancho Mirage . Gibbs Smith, 2018, 186-87.

Treinen, Steve. Canyon Country Club: History and Design of Palm Springs’ Garden of Eden. Palm Springs Preservation Foundation, 2025, 242, 276.

Magazines

“Adaptable to Privacy or Partying.” Los Angeles Times Home Magazine, February 5, 1961, 38.

Stone, Abigail. “A Midcentury Modern Gem in Pasadena Receives a Vibrant Update.” LUXE Interiors + Design, June 19, 2025. https://luxesource.com/article/colorful-midcentury-modern-home-pasadena-peti- lau

“W.A.L.’s Silver Anniversary Celebration.” L.A. ARCHITECT, October 1975, 4.

Newspapers

- The Desert Sun
Richard F. McCarthy and Al Agron (owner of Wonder Palms Hotel) photo with caption. The Desert Sun, April 10, 1965.

“Tamarisk Gardens Condominium Under Construction Near P.S.” The Desert Sun, May 7, 1965.

Tamarisk Gardens advertisements. The Desert Sun, September 4, 1965; October 23, 1965; March 19, 1966; April 20, 1966; and May 27, 1966.

Richard F. McCarthy photo with caption. The Desert Sun, March 4, 1966.

“Veterans Tribute due Patriotism, unity theme for retired general.” The Desert Sun, May 19, 1980.

“McCarthy begins building Andreas Palms Estates.” The Desert Sun, June 29, 1985.

- Golden Coast News
“Goleta Hospital Expansion Urgent.” Golden Coast News, May 29, 1969. 339

74 - The Herald Statesman
Fleckenstein, Ross. “Kuntz gains Senior Amateur golf berth.” The Herald Statesman, September 16, 1982.

- Independent Star-News
“Model Contemporary Residence at 1645 Sierra Bonita Lane, Pasadena.” Independent Star- News, September 8, 1957.

Washburn, Larry. “Southland Urged to Visit, Sightsee Pasadena Growth.” Independent Star- News, April 24, 1960.

“Palm Springs Luxury Home Project Complete.” Independent Star-News, April 10, 1966.

- Los Angeles Evening Citizen News
“Architect Group Officers.” Los Angeles Evening Citizen News, February 4, 1965.

“Palm Springs Development Completed.” Los Angeles Evening Citizen News, April 2, 1966.

- Los Angeles Times
“Medical Center.” Los Angeles Times, Part 5, Real Estate, March 20, 1955.

“Milano Furnished Model Home at 1245 Hillside Road in Pasadena.” Los Angeles Times, April 24, 1960.

“The View Faces In.” Los Angeles Times, April 30, 1961.

Tamarisk Gardens advertisement. Los Angeles Times, January 26, 1966.

“For Desert Commuters.” Los Angeles Times, April 3, 1966.

“Liberty National Bank.” Los Angeles Times, January 17, 1982.

Pasco, Jean O. “Richard McCarthy, 80; Fought Fees He Saw as Government Profiteering.” Los Angeles Times, April 6, 2006.

- The Sacramento Bee
“Pebble Beach Pairings.” The Sacramento Bee, January 28, 1987.

- Stockton Daily Evening Record
“Medical Arts Building Opens Twice Size of Original Plan.” Stockton Daily Evening Record, March 16, 1957.

- The National City Star-News
“$1 Million Medical Center to Break Ground Next Month.” The National City Star-News, September 22, 1966.

“Outpatient Eye Surgery to Open Here this Summer.” The National City Star-News, May 6, 1984.

Cottle, Elissa. “City Awards Two People, 10 Buildings.” The National City Star-News, May 2, 1985.

- The Orange County Register
Kilgore, Eva. “Remembering Architect Don Hartfelder.” The Orange County Register, February 21, 2007. https://www.ocregister.com/2007/02/21/remembering-architect-don-hartfelder/

340

75 - Santa Barbara News-Press
“$500,000 Medical Center Planned.” Santa Barbara News-Press, July 28, 1960.

“Valley News: Medical-Dental Building Started.” Santa Barbara News-Press, Volume 107, Number 91, August 18, 1961.

“The Tutor-Lehrhoff Company announces…groundbreaking…for the modern, deluxe, 118 bed…Santa Barbara Doctor’s Hospital.” Santa Barbara News-Press, December 23, 1962.

“Valley Hospital of Santa Barbara at 351 South Patterson Avenue.” Santa Barbara News-Press June 28, 1964.

City of Rancho Mirage
Building & Safety Department

City of Rancho Mirage Historic Context Statement and Resource Survey. Urbana Preservation & Planning, LLC., December 2025 Final, Adopted by the City Council on January 15, 2026.

Historic Preservation Commission Meeting Minutes, September 5, 2018, December 5, 2018, and January 9, 2019.

Municipal Code, Chapter 15.27, Historic Preservation Program.

Planning Division

Other Sources
“4560 Admiralty Way, Marina del Rey, Seismic Screening Report JLA Job no. 12111-14.” John Labib + Associates, Structural Engineers, August 13, 2012.

Aerial Photography, University of California, Santa Barbara https://www.library.ucsb.edu/geospatial/aerial-photography

California Digital Newspaper Collection, University of California, Riverside. https://cdnc.ucr.edu/

Cathedral City Historical Society

City of Cathedral City, Building and Safety Department

City of Riverside Citywide Modernism Intensive Survey. Historic Resources Group, September 2013, 35.

County of Riverside Assessor Records
https://ca-riverside-acr.publicaccessnow.com/Search.aspx

County of Riverside Department of Building & Safety
https://building.rctlma.org/request-archived-records

Design + Encyclopedia. https://design-encyclopedia.com/?T=Recessed

Interview, Leslie A. McCarthy (Richard F. McCarthy’s daughter), via emails June 1 and June 3, 2026.

Newspapers.com

Palm Springs Directory, The “Yellow Book.” Western Directory Co., Season 1965. 341

76 Palm Springs Directory of Householders, County Area. Western Directory Co., Season 1967.

Palm Springs Historical Society

Tamarisk Gardens Amended Bylaws Adopted April 16, 1977; Restated Bylaws, July 2017; and Declaration Number Four, Revised Covenants, Conditions and Restrictions, April 16, 1977 (includes Amendment Number One, April 16, 1985 and an Addendum, March 27, 1992).

The Frasher Foto Postcard Collection, Pomona Public Library https://content.pomonaca.gov/digital/collection/Frasher

Thomas, Rob, Contributing Writer. “Tamarisk CC Embraces Its Hollywood Past.” Club + Resort Business, February 19, 2020. https://clubandresortbusiness.com/tamarisk-cc-embraces-its- hollywood-past/

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P1. Other Identifier: None
DPR 523A (9/2013) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
*P2. Location:  Not for Publication Unrestricted
*a. County Riverside County and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Cathedral City Date 2021 T ; R ;  of  of Sec ; B.M. c.Address 70-152 Frank Sinatra Drive City Rancho Mirage Zip 92270 d.UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate) Lot 5, Tamarisk Gardens APN: 674-230-005
*P3a.Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Tamarisk Gardens #5 was constructed in 1965 as part of the Tamarisk Gardens condominium complex. The single-story, flat-roofed, two-bedroom, two-bath residence is 1,776 square feet in area and sited on 0.06 acres. The unit is one-quarter of a fourplex multi-family housing structure. The four units of the fourplex fit together like “puzzle pieces” and are separated internally by substantial “party walls.” The central portion of the residence, over the living room, is at a higher elevation than other rooms. There is a cantilevered eave on the south façade, and deep eaves within the open west atrium for passive solar control. The south façade of the residence is punctuated by a deeply-set entryway which separates the structure into two large rectangular volumes. The south façade also features two floor-to-ceiling, slightly recessed, obscure glass windows. Additionally, there are three sets of sliding glass doors, one providing access to the east patio and two providing access to the west atrium. The structure is covered in concrete stucco painted in an earth tone color. The original “garden room” was closed in for additional interior space, and the east patio wall was extended. The absence of building permits suggests these modifications occurred prior to 1973. *P3b.Resource Attributes: (List
attributes and codes) HP3;
Multiple-family Property
*P4. Resources Present:  Building 
Structure  Object  Site  District 
Element of District  Other (Isolates,
etc.)
P5b. Description of Photo: (view, date,
accession #) Looking WNW at S façade
of Tamarisk Gardens #5 (6/10/2026)
*P6. Date Constructed/Age and
Source: Historic
1965 (Riverside County Dept of Bldg.
& Safety permit #122664 of 1-28-65)
 Prehistoric  Both
*P7. Owner and Address:

Ronald W. and Barbara A. Marshall,
70-152 Frank Sinatra Drive, Rancho
Mirage, CA 92270
*P8. Recorded by: (Name, affiliation,
and address) Ronald W. and Barbara
A.Marshall, Palm Springs
Preservation Foundation, 1775 East
Palm Canyon Drive, Suite 110-195,
Palm Springs, CA 92264
*P9. Date Recorded: July 2026
*P10. Survey Type: (Describe) Intensive Survey
*P11. Report Citation: (Cite survey report and other sources, or enter "none.") None *Attachments: NONE Location Map Continuation Sheets Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other
P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) ATTACHMENT 8
343

*Resource Name or # (Assigned by recorder) Tamarisk Gardens #5 *NRHP Status Code 3S

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DPR 523B (9/2013) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD
(This space reserved for official comments.)
(Sketch Map with north arrow required.)
B1. Historic Name: Tamarisk Gardens #5
B2. Common Name: 70-152 Frank Sinatra Drive
B3. Original Use: Condominium residence B4. Present Use: Condominium residence *B5. Architectural Style: Desert Modernist
*B6. Construction History: (Construction date, alterations, and date of alterations) 1965 (Riverside County Dept of Bldg. & Safety building permit #122664 of 1-28-65)
*B7. Moved? No Yes Unknown Date: N/A Original Location: N/A *B8. Related Features: None
B9a. Architect: J. Don Hartfelder, AIA b. Builder: Richard F. McCarthy, Jr. *B10. Significance: Theme Residential and Cooperative Communities ((1951-1973) Area Rancho Mirage Period of Significance 1965 Property Type Multiple-family Property Applicable Criteria NRHP/CRHR Criterion 3, 4, and 5; Local Criterion 1 and 4 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)

Constructed in 1965, Tamarisk Gardens #5 is significant as a rare example of Rancho Mirage’s Desert Modernist architecture expressed in a residential condominium complex, i.e., Tamarisk Gardens. Tamarisk Gardens #5 displays many of the characteristics of the Desert Modernist style including overall horizontality, massed geometric volumes, a flat roof, deep eaves, floor-to-ceiling glass, minimal use of solid load-bearing walls, a blurring of the indoor-outdoor transition, an open interior floor plan, and a concrete stucco-clad exterior painted in a beige earth tone. Tamarisk Gardens #5 is also significant as an apartment in a residential condominium complex sited in close proximity to a country club (i.e., the Tamarisk Country Club). These midcentury condominium complexes are recognized as an integral, and historically important, part of the development of the city of Rancho Mirage under the theme of “Residential and Cooperative Communities, 1951 –1973.” The construction of the Tamarisk Gardens condominium complex (and by extension Tamarisk Gardens #5) significantly contributed to the city of Rancho Mirage’s post-World War II “building boom.”

See Continuation Sheet for significance and integrity analysis.

B11. Additional Resource Attributes: (List attributes and codes) None *B12. References:

Aerial Photography, University of California, Santa Barbara American Architects Directory, 1956, 1962, and 1970

See Continuation Sheet for additional references.

B13. Remarks: The City of Rancho Mirage Historic Resource Survey and Context Statement (pages 47-48) makes the following assertion: “Future District Consideration: Besides Tamarisk Ranchos II, the current survey identified 4 other proposed historic districts that may be considered historic resources given that the majority of the housing units within the preliminary district boundaries can be deemed individually eligible properties or potential district contributors and the majority of the property owners within the…district provide their written consent. These other proposed districts, Chalet Palms, Tamarisk West I, Tamarisk West II, and Tamarisk Gardens, all have properties eligible for both individual designation and contributory status” (emphasis added).

*B14. Evaluator(s): Ronald W. and Barbara A. Marshall
*Date of Evaluation: July 2026
344

Page 3 of 5 ends

*Map Name: Cathedral City *Scale: 1:24,000 *Date of map: 2021 DPR 523J (9/2013) * Required information
State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # LOCATION MAP Trinomial

345

age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date  Continuation  Update

DPR 523L (9/2013)
State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #

CONTINUATION SHEET
Property Name: Tamarisk Gardens #5

Page 4 of 5 ends

Building, Structure, Object Information Continued:

*B10. Statement of Significance Continued:

The architect of Tamarisk Gardens, John Donald Hartfelder, worked under the professional name of “J. Don Hartfelder.” Hartfelder was born in Los Angeles, California, on January 10, 1924. Raised by his grandparents, George and Rose Hartfelder, the young Hartfelder became an Eagle Scout at the age of 15, graduating from the Polytechnic High School in Los Angeles. During World War II, Hartfelder enlisted in the U. S. Navy and his wartime service from 1942-1945 included time aboard the USS Twining (DD-540). Hartfelder later enrolled as a student at the University of Southern California (USC) on the GI Bill. In 1952, he graduated with a bachelor of arts in architecture from the USC School of Architecture. Hartfelder gained work experience as a draftsman with the firm of Kistner, Wright & Wright in Los Angeles and later with Whittier architect Ray W.

Johnson, AIA. Hartfelder also gained work experience with modernist Los Angeles architect Kenneth N. Lind, AIA. AIA records show that Hartfelder joined the professional organization’s Southern California chapter in 1954. From 1954 through 1958, Hartfelder was a partner in the firm of Zemke & Hartfelder, becoming the president of his own firm, J. Don Hartfelder & Associates, in 1958. While Hartfelder had the occasional residential commissions, early on in his career he gained a reputation as a designer of medical arts buildings and hospitals. In the 1962 American Architects Directory, Hartfelder identified his architectural firm’s areas of specialization as “residential,” “commercial,” “health facilities,” “scientific structures,” and “interior design.” A greatly abbreviated listing of Hartfelder’s works (all in California) include the Richards Medical Building (1961) in Santa Barbara, the El Monte Medical Center Hospital (1960) in El Monte, the Orangeburg Dental Arts Building (1961) in Modesto, the Valley Medical-Dental Arts Building (1961) in Santa Maria, the Goleta Valley Community Hospital (1964, with 1970 expansion) in Santa Barbara, the Colima Medical Center (1965) in Whittier, the Del Rey Professional Building (1967) in Marina Del Rey, the Pioneer Hospital (1968) in Artesia, and the Pacific Telephone Central Office (1969) in Newhall. Hartfelder died on January 23, 2007.

The Tamarisk Gardens condominium complex (and by extension Tamarisk Gardens #5) is also significant as a notable collaboration of two individuals, i.e., builder Richard F. McCarthy, Jr. and architect J. Don Hartfelder.

With Tamarisk Gardens, McCarthy proved he was willing to embark on a speculative real estate venture with a building type he had never used, i.e., the residential condominium. Hartfelder’s training at the USC School of Architecture, where he was steeped in the tenets of modernism, gave him the confidence to undertake a novel condominium building design, i.e., the “fourplex.” With Tamarisk Gardens, Hartfelder showed that he not only understood the architectural advantages of building in the Desert Modernism style, but that he also understood why the harsh desert environment made such designs appropriate. Finally, Hartfelder understood the site limitations and designed a relatively dense “built environment” of 28 units (i.e., seven fourplexes) while still providing adequate parking, generous green space, a large communal pool, dressing rooms, and a covered loggia. The successful collaboration of McCarthy and Hartfelder significantly added to Rancho Mirage’s post- World War II built environment.

Tamarisk Gardens #5 in the Tamarisk Gardens condominium complex is in excellent condition due to the use of construction materials suitable for the harsh desert environment. It also continues to represent the original modernist design intent of architect J. Don Hartfelder, specifically, simple, massed geometric volumes and overall horizontality. With minor modification, the original footprint of Tamarisk Gardens #5 remains intact.

Further, exteriors remain intact and the integrity of location, setting, design, materials, workmanship, feeling, and association is still clearly discernible.
346

age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date  Continuation  Update

DPR 523L (9/2013)
State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI #

CONTINUATION SHEET
Property Name: Tamarisk Gardens #5

Page 5 of 5 ends

*B12. References Continued:

Canyon Country Club: History and Design of Palm Springs’ Garden of Eden (Steve Treinen, author) Cathedral City Historical Society
California Digital Newspaper Collection
City of Cathedral City, Building & Safety Department
City of Rancho Mirage, Building & Safety Department and Planning Division City of Rancho Mirage Historic Context Statement and Resource Survey (approved January 2026) City of Rancho Mirage Historic Preservation Commission Meeting Minutes, September 5, 2018, December 5, 2018, and January 9, 2019
City of Rancho Mirage Municipal Code, Chapter 15.27, Historic Preservation Program City of Riverside Citywide Modernism Intensive Survey, 2013 Club + Resort Business, February 19, 2020
County of Riverside Assessor Records
Design + Encyclopedia
Frasher Foto Postcard Collection, Pomona Public Library John Labib + Associates, Structural Engineers, Seismic Screening Report JLA Job no. 12111 -14 L.A. ARCHITECT, October 1975
LUXE Interiors + Design, June 19, 2025
McCarthy, Leslie, Interviews (via email)
Mod Mirage: The Midcentury Architecture of Rancho Mirage (Melissa Riche, author) newspapers.com
Palm Springs Directory, 1965 and 1967
Palm Springs Historical Society
Rancho Mirage at Fifty (Steven Biller, editor)
Tamarisk Gardens Bylaws and Covenants, Conditions and Restrictions, Various Dates The Modern Architecture of Hugh Michael Kaptur (Steven Keylon, author) The Palm Springs School: Desert Modernism (Alan Hess, author)

347

City Council Staff Report

Third Amended and Restated Visit Greater Palm Springs Joint Powers Agreement

DATE ITEM #
October 15, 2026 ACTION CALENDAR - 7A.

Presented To Presented By
Mayor and City Council Gabe Codding, Director of Marketing

RECOMMENDED ACTION
Adopt Resolution No. 2026-(Next-in-Order), Approving the Third Amended and Restated Visit Greater Palm Springs Joint Powers Agreement.

DISCUSSION
The Palm Springs Desert Resort Communities Convention and Visitors Authority, now known as Visit Greater Palm Springs (VGPS), is a joint powers authority established in 1989 under the Joint Exercise of Powers Act (California Government Code § 6500 et seq.). The current governing document is the Second Amended and Restated Joint Powers Agreement, approved June 14, 2024.

On June 26, 2026, the VGPS Joint Powers Authority Executive Committee adopted Resolution No. JPA 2026-003, approving proposed amendments in the form of a Third Amended and Restated Joint Powers Agreement and recommending approval by member agencies.

The proposed amendments expand VGPS's purpose and powers to support regional economic development and tourism infrastructure, including sports complexes, entertainment venues and meeting facilities. The revisions also allow VGPS, in collaboration with participating member agencies, to pursue tourism improvement or infrastructure districts and related financing and development activities, consistent with applicable law.

The agreement further allows regional districts within designated portions of the JPA's boundaries, subject to approval by participating member agencies. These amendments are intended, in part, to support exploration of a potential regional amateur sports complex in the Coachella Valley.

Approval of the amended agreement would update VGPS's governing authority but would not authorize a specific project, establish a new assessment or commit City funds. The VGPS staff report, adopted Executive Committee resolution, proposed agreement, and accompanying City of Rancho Mirage resolution are attached for the City Council’s consideration.
348

Attachments
Attachment 1 - VGPS Staff Report
Attachment 2 - VGPS Resolution
Attachment 3 - Redlined Agreement
Attachment 4 - Draft Resolution
349

STAFF REPORT
TO: JPA Member Cities and Riverside County
FROM: Scott White, President & CEO
DATE: August 3, 2026
SUBJECT: APPROVAL AND ADOPTION OF THE THIRD AMENDED AND RESTATED JOINT POWERS

AGREEMENT THAT AMENDS THE PURPOSE AND POWERS OF THE JOINT POWERS AUTHORITY RECOMMENDATION:

The JPA Executive Committee of VGPS recommends approval of amendments to the purpose and powers of its existing JPA Agreement, in the form of the Third Amended and Restated Joint Powers Agreement. These amendments would allow VGPS’ members the option to develop a Tourism Improvement District or Infrastructure District, in collaboration with VGPS, to further the goal of construction of a sports complex in the Coachella Valley.

BACKGROUND:

A.Visit Greater Palm Springs and the Operative JPA Agreement.

Visit Greater Palm Springs (“VGPS”) is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.) The JPA Executive Committee serves as the governing body of VGPS. The JPA Executive Committee adopted the Joint Powers Agreement (“Amended and Restated Agreement”) on January 20, 2016 (“JPA Agreement”). The current operative JPA Agreement for VGPS is the Second Amended and Restated Joint Powers Agreement (the “Second Amended JPA Agreement”), that was approved on June 14, 2024. The members of VGPS are as follows: Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella (“Member Cities”), and the County of Riverside.

B.Vision of a Sport Complex in the Coachella Valley.

VGPS previously commissioned a series of feasibility studies for a potential regional amateur sports complex in the Coachella Valley. The results of the studies made it clear that a thoughtfully designed indoor facility could fill a critical gap in both our tourism economy and our community recreation infrastructure. Beyond the numbers, this project offers a major step forward in regional quality of life, keeping local athletes closer to home, creating new opportunities for youth development, and supporting wellness, recreation, and community pride. A regional amateur sports complex can generate meaningful economic impact, help retain local talent, and support a more resilient and diversified, year-round economy. By taking the lead, the region can establish itself as a premier destination for sports and tourism, while fueling development across retail, hospitality, and entertainment.

C.Approval of Amendments to the JPA in the Form of Third Amended and Restated Joint Powers Agreement.

ATTACHMENT 1
350

2 | P a g e

In order to further the vision of such a sports complex in the Coachella Valley, it was determined that the the existing Second Amended JPA Agreement had to be amended to broaden its purpose and powers to enable such. Therefore, Resolution No. JPA 2026-003, was proposed and approved at the June 26, 2026, joint JPA Executive Committee and VGPS Board of Directors meeting. That Resolution included amendments to the Second Amended JPA Agreement, in the form of the Third Amended and Restated Joint Powers Agreement. Those amendments would allow member cities the option to develop a Tourism Improvement District or Infrastructure District, in collaboration with VGPS, to develop such a sports complex.

In particular, the proposed amendments include revisions to the “Purpose” of the Second Amended and Restated JPA (see, Section 3, p. 3), and the “Powers” of that agreement (see, Section 16, p. 8), as indicated below:

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 maximize visitations from national and international markets;
(b) Doing such other things to drive, advance and support initiatives to strengthen and diversify all aspects of the regional economy of the Coachella Valley; and

(c)
Developing, fostering and facilitating Coachella Valley destination-enhancing improvements and infrastructure including, but not limited to, sports complexes, entertainment venues, and meeting facilities, either directly and/or forging dynamic public-private partnerships.

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 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) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services;

(d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;

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3 | P a g e

(e) 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) 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) 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) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

(i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(j) 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 including assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., and any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts as referenced in Section 16(l);

(k) 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., as well as any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts, 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, destination marketing, economic development, and the financing, development, operation, and maintenance of public and private improvements, facilities, and infrastructure, including sports, entertainment, meeting, cultural, and related uses. 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

(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) the 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; 352

4 | P a g e

(l) The power to form these districts, as discussed in the prior section, Section 16(l), and incorporated herein by this reference, shall extend to the ability to establish such districts on a regional basis or within defined subareas of the JPA’s territorial boundaries (“Regional Districts”) that include only those JPA Members in those Regional Districts. Those Regional Districts may, or may not, include all JPA Members depending on the makeup and reach of the Regional District. For any Regional District that does not include all JPA Members within its boundary, the formation, rate, and management district plan shall be subject to approval by the legislative bodies of only the JPA Members in those Regional Districts and may be approved by a majority vote of those JPA Members’ legislative bodies, within those Regional Districts, consistent with applicable law. Incidental to this power to form these Regional Districts will be the power to plan, finance, develop, construct, acquire, operate, and maintain tourism-related infrastructure and facilities, including but not limited to sports complexes, entertainment venues, meeting facilities, and other visitor-serving improvements, either directly or in partnership with public or private entities;

(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

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(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.

CONCLUSION

Based on the above, then, the JPA Executive Committee recommends that the JPA Member Cities, and Riverside County, adopt and approve the Third Amended and Restated Joint Powers Agreement, as outlined above.

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JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
RESOLUTION NO. JPA 2026-003
Waymond Ferman, Chair
City of Indio A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF VISIT

GREATER PALM SPRINGS APPROVING AN AMENDMENT TO THE PURPOSE AND POWERS OF THE JOINT POWERS AUTHORITY Linda Evans, Vice Chair City of La Quinta
Raymond Gregory
City of Cathedral City
Dr. Frank Figueroa
City of Coachella
Gary Gardner
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California; and City of Desert Hot Springs 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 Brian Penna
City of Indian Wells
Evan Trubee
City of Palm Desert
Ron deHarte
City of Palm Spr ings
Ted Weill
City of Rancho Mirage
V. Manuel Perez
County of Riverside
WHEREAS, the JPA Executive Committee approved an amendment to the JPA Agreement, the Second Amended and Restated Joint Powers Agreement (the "Second Amended JPA Agreement"), in Resolutions Nos. JPA 2024-002, JPA 2024-003 and JPA 2024-007; and WHEREAS, section 24 of the Second Amended JPA Agreement provides that the Second Amended JPA 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 VGPS members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and WHEREAS, in accordance with below referenced sections of the Second Amended JPA Agreement, the JPA Executive Committee now desires to revise the purpose and powers set forth in the Second Amended JPA Agreement, as described below, to allow member cities, within the JPA, the option to develop a Tourism Improvement District or Infrastructure District in collaboration with VGPS.

WHEREAS, section 3 (Purpose) of the Second Amended JPA Agreement provides that the purpose of VGPS is as follows:

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 asmight be necessary to enhance, to the greatest extent possible, all aspects of thehospitality, convention, and tourism industry in the Coachella Valley and to attractvisitors from national and international markets; and(b)Doing such other things to promote and strengthen all aspects of the regionaleconomy related to the hospitality, convention and tourism industry, and thediversification of the entire economy of the Coachella Valley.; and WHEREAS, section 16 (Powers of the JPA) of the Second Amended JPA Agreement provides as follows:

Sectjon J 6. Powers of the JP A Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the ATTACHMENT 2
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1 VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Third Amended and Restated Agreement”)

A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq.

_________________, 2026
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TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 2 Section 1 Definitions ....................................................................................... 2 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 Second Amended and Restated Agreement Superseded ................ 4 Section 6 Termination ...................................................................................... 4 Section 7 JPA Members .................................................................................. 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body ............................................................................... 5 Section 10 JPA Executive Committee – Powers and Duties ............................. 5 Section 11 Territorial Boundaries ...................................................................... 6 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 7 Section 14 Expulsion ......................................................................................... 8 Section 15 Separate Entity ................................................................................. 8 Section 16 Powers of the JPA ............................................................................ 8 Section 17 Power to Invest .............................................................................. 11 Section 18 Bonding ......................................................................................... 11 Section 19 Treasurer and Auditor – Designations ........................................... 11 Section 20 Treasurer – Duties and Responsibilities ......................................... 11 364

ii
Section 21 Independent Audit ......................................................................... 12 Section 22 Auditor’s Duties ............................................................................ 12 Section 23 Attorney’s Fees .............................................................................. 12 Section 24 Voting ............................................................................................ 12 Section 25 Severability .................................................................................... 12 Section 26 Waiver ........................................................................................... 13 Section 27 Amendments .................................................................................. 13 Section 28 Ambiguities or Uncertainties ......................................................... 13 Section 29 Applicable Law .............................................................................. 13 Section 30 Venue ............................................................................................. 13 Section 31 Notices ........................................................................................... 13 Section 32 Counterparts ................................................................................... 14 Section 33 Privileges and Immunities ............................................................. 14

EXHIBIT A
Territorial Boundaries .......................................................................................................... 18 365

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Joint Powers Agreement - Third Amended and Restated Agreement 1 This Third 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 Second Amended and Restated Joint Powers Agreement, dated June 14, 2024, including any subsequent amendments (“Second Amended and Restated Agreement”), and shall restate, amend and supersede the Second Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, on or about _____________, 2026, 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 amend the purpose and powers of JPA as set forth below, among additional provisions as stated herein; and

WHEREAS, on or about _____________, 2026, 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 Third 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:

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Joint Powers Agreement - Third Amended and Restated Agreement 2 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 day- to- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.

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Joint Powers Agreement - Third Amended and Restated Agreement 3 “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 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:

(b) Doing such other things to drive, advance and support initiatives to strengthen and diversify all aspects of the regional economy of the Coachella Valley; and

(c) Developing, fostering and facilitating Coachella Valley destination-enhancing improvements and infrastructure including, but not limited to, sports complexes, entertainment venues, and meeting facilities, either directly and/or forging dynamic public-private partnerships.

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 of the entire JPA Executive Committee.

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Joint Powers Agreement - Third Amended and Restated Agreement 4 Section 5. Second Amended and Restated Agreement Superseded - Effective Date

It is intended by the JPA Members that this Agreement shall be amendatory of the Second Amended and Restated Agreement and shall restate, amend and supersede the Second 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 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.

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Joint Powers Agreement - Third Amended and Restated Agreement 5 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 of the 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 of the 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;

(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 370

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Joint Powers Agreement - Third Amended and Restated Agreement 6 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 Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar 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 of the 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 of the JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.

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Joint Powers Agreement - Third Amended and Restated Agreement 7 A contribution from each of the 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 of Withdrawal.

(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 of Withdrawal 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 District 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.

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Joint Powers Agreement - Third Amended and Restated Agreement 8 Section 14. Expulsion

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

(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) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services;

(d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;

(f) 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) 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) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

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Joint Powers Agreement - Third Amended and Restated Agreement 9 (i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(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;

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Joint Powers Agreement - Third Amended and Restated Agreement 10 infrastructure and facilities, including but not limited to sports complexes, entertainment venues, meeting facilities, and other visitor-serving improvements, either directly or in partnership with public or private entities;

(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;

(s) The power to travel domestically and internationally that is necessary or proper in carrying out the purposes 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.

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Joint Powers Agreement - Third Amended and Restated Agreement 11 Section 17. Power to Invest

Pursuant to Government Code section 6509.5, the JPA shall have the power to invest 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;

(d) Director of Finance; and

(e) 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.
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Joint Powers Agreement - Third Amended and Restated Agreement 12 Section 21. Independent Audit

Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an 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;

(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

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Joint Powers Agreement - Third Amended and Restated Agreement 13 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

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, return- receipt 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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Joint Powers Agreement - Third Amended and Restated Agreement 14 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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Joint Powers Agreement - Third Amended and Restated Agreement 15 IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY

_________________________________
Raymond Gregory, Mayor

Dated: ___________________________

_________________________________
Andrew “Andy” Firestine, City Manager

ATTEST:

_________________________________
Chrstina Burton, City Clerk

APPROVED AS TO FORM:

________________________________
Eric S. Vail, City Attorney

CITY OF COACHELLA

_________________________________
Dr. Frank Figueroa, Mayor

Dated: ___________________________

_________________________________
Gustavo Romo, City Manager

ATTEST:

_________________________________
Angela M. Zepeda, City Clerk

APPROVED AS TO FORM:

________________________________
Ryan Guiboa, City Attorney

CITY OF DESERT HOT SPRINGS

_________________________________
Scott Matas, Mayor

Dated: ___________________________

_________________________________
Doria Wilms, City Manager

ATTEST:

_________________________________
Jerryl Soriano, CMC, City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer Mizrahi, City Attorney

CITY OF INDIAN WELLS

_________________________________
Dr. Toper Taylor, Mayor

Dated: ___________________________

_________________________________
Christopher Freeland, City Manager

ATTEST:

_________________________________
Angelica Avila, City Clerk

APPROVED AS TO FORM:

________________________________
Todd Leishman, City Attorney

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Joint Powers Agreement - Third Amended and Restated Agreement 16 CITY OF INDIO
_________________________________
Elaine Holmes, Mayor
Dated: ___________________________
_________________________________
Jonathan Nicks, 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
_________________________________
Evan Trubee, Mayor
Dated: ___________________________
_________________________________
Chris Escobedo, City Manager
ATTEST:
_________________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
________________________________
Isra Shah, City Attorney

CITY OF PALM SPRINGS
_________________________________
Naomi Soto, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
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Joint Powers Agreement - Third Amended and Restated Agreement 17 CITY OF RANCHO MIRAGE
_________________________________
Lynn Mallotto, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Colin D. Kirkpatrick, City Attorney

COUNTY OF RIVERSIDE
____________________________________
Karen Spiegel, 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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Joint Powers Agreement - Third Amended and Restated Agreement 18 EXHIBIT A

TERRITORIAL BOUNDARIES
383

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JOINT POWERS AGREEMENT
(“Second Third Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. _________________, 20264
ATTACHMENT 3
385

TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ................................................................................................................... 21 Section 1 Definitions ..................................................................................... 12 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 First Second Amended and Restated Agreement Superseded – Eff.ective Date 34
Section 6 Termination .................................................................................... 43 Section 7 JPA Members .................................................................................. 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body4Section 9
Governing Body ............................................................................... 5 Section 10 JPA Executive Committee – Powers and Duties ........................... 54 Section 11 Territorial Boundaries .................................................................... 65 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal .................................................................................... 76 Section 14 Expulsion/Withdrawal……………………………………………. 7
Section 1415 Separate Entity ............................................................................... 67 Section 1516 Powers of the JPA .......................................................................... 78 Section 1617 Power to Invest ............................................................................ 910 Section 1718 Bonding ....................................................................................... 910 Formatted: Strikethrough
386

ii
Section 1819 Treasurer and Auditor – Designations ......................................... 910 Section 1920 Treasurer – Duties and Responsibilities ....................................... 911 Section 2021 Independent Audit ..................................................................... 1011 Section 2122 Auditor’s Duties......................................................................... 1011 Section 23 Attorney’s Fees……………………………………………………. 12
Section 24 Voting…………………………………………………………….. 12
Section 2225 Severability ................................................................................ 1012 Section 2326 Waiver ....................................................................................... 1013 Section 2427 Amendments .............................................................................. 1013 Section 2528 Ambiguities or Uncertainties ..................................................... 1113 Section 2629 Applicable Law .......................................................................... 1113 Section 2730 Venue ......................................................................................... 1113 Section 2831 Notices ....................................................................................... 1113 Section 2932 Counterparts ............................................................................... 1214 Section 3033 Privileges and Immunities ......................................................... 1214

EXHIBIT A
Territorial Boundaries16Territorial Boundaries
............................................................................................................................................. 18 387

1 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement

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This Second Third 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, it is intended by the JPA Members that this Agreement shall be amendatory of the First Second Amended and Restated Joint Powers Agreement, dated January June 14, 202420, 2016, including any subsequent amendments (“First Second Amended and Restated Agreement”), and shall restate, amend and supersede the First Second Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, on or about _____________, 20264, 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 and purpose powers of JPA as set forth below, among additional provisions as stated herein; and

WHEREAS, on or about _____________, 20264, 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 Third 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:

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Joint Powers Agreement - Third Amended and Restated Agreement

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AGREEMENT