HomeMy Public PortalAbout87-175 (12-01-87)RESOLUTION NO. 57_175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ALLOCATING $65,000 TO THE LYNWOOD
CHAMBER OF COMMERCE FROM THE PARKING AND
BUSINESS IMPROVEMENT DISTRICT FUND IN ORDER
TO IMPLEMENT A GENERAL CIVIC PROMOTIONAL PROGRAM
] WHEREAS, the City of Lynwood has adopted Ordinance 1262
(hereinafter "Ordinance ") which establishes within the City a
4 ' Citywide Parking and Business Improvement Area (hereinafter
"Area) under and pursuant to the provisions of section 36500
et. seq. of the Street and Highways Code of the State of
California (Parking and Business Improvement Area Law of 1979,
hereinafter "law "), for the purpose of raising revenues to be
expended for the purposes authorized by the law; and
WHEREAS, it is the role and mission of the CHAMBER to
provide promotional programs for the development and improvement
of local business and industry in the City of Lynwood and the
CHAMBER has a special knowledge, experience, facilities and
personnel necessary to carry on a comprehensive program of
advertising, publicity and promotion.
NOW, THEREFORE, The City Council of the City of Lynwood
does hereby fund, proclaim, order and resolve as follows:
SECTION 1. That the Lynwood Chamber of Commerce is
allocated $65,000 from the Parking and Business Improvement
District Fund in order to implement a general civic promotional
program.
SECTION 2 That the specific uses of the funds, the method
«� of payment and other pertinent items shall be contained in an
agreement to be executed between the City and the Chamber. No
funds shall be released pursuant to this resolution until said
agreement is executed.
SECTION 3. This resolution shall go into effect immediately
upon its adoption.
ATTEST:
ANDREA L. HOOPER, CITY CLERK
CITY OF LYNWOOD
APPROVED
FORM:
PAUL H. RICHARDS II, MAYOR
CITY OF LYNWOOD
APPROVED AS TO CONTENT:
CHARLES GOM]
b:RESO /2CHAM -rl
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
ss.
I, the undersigned,. City Clerk of the City of Lynwood,
do hereby certify that the foregoing resolution was passed and
adopted by the City Council of the City of Lynwood at a regular
meeting held on the 1st day of nP emhPr + 1987
AYES: COUNCILMEMBER HEINE, HENNING, MORRIS, WELLS, RICHARDS
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynw od
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
r
I, the undersigned City Clerk of the City of Lynwood and Clerk
of the City Council of said City, do hereby certify that the above and
foregoing is a full, true, and correct copy of Resolution No. 87 -175
on file in my office and that said resolution was adopted on the date
and by the vote therein stated.
Dated this 4th _ day of December 1987.
City Clerk
AGREEMENT
THIS AGREEMENT, made and executed this 1st day of
December 1987 by and between the City of Lynwood, a Municipal
Corporation (hereinafter "City ") and the Lynwood Chamber of
Commerce (hereinafter "Chamber ").
WITHNESSETH:
WHEREAS, the City of Lynwood has adopted Ordinance
1262 (hereinafter "Ordinance ") which establishes within
the City a Citywide Parking and Business Improvement Area
(hereinafter "Area ") under and pursuant to the provisions of
Sections 36500 et. seq. of the Street and Highways Code of the
State of California (Parking and Business Improvement Area Law of
1979, hereinafter "law "), for the purpose of raising revenues to
be expended for the purposes authorized by the law; and
WHEREAS, it is the role and mission of the CHAMBER to
provide promotional programs for the development and improvement
of local business and industry in the City of Lynwood and the
CHAMBER has a special knowledge, experience, facilities and
personnel necessary to carry on a comprehensive program of
advertising, publicity and promotion; and
WHEREAS, the City is desirous of having the CHAMBER conduct
the activities authorized by Ordinance 1262 to the extent
hereinafter specified; and
WHEREAS, the CHAMBER has agreed to perform such services
during the term of this Agreement subject to the provisions
hereof.
NOW, THEREFORE,
as follows:
SECTION 1. SERVICES
IMPROVEMENT DISTRICT
CITY AND CHAMBER agree each with the other
FOR THE CITYWIDE PARKING AND BUSINESS
A. The Executive Board of the Chamber of Commerce is
designated by the City as the implementing agency for a portion
of the activities to be funded by revenues derived from the
Parking and Business Improvement District. The shall not
engage in the following activities:
1. The acquisition, construction, or maintenance of
parking facilities for the benefit of said area.
2. Any promotional activity which the City plans,
organizes and funds from revenues from said
District.
B. The Chamber shall assume responsibility for a general
civic promotional program. The details of such a program is
attached as Exhibit A. Also attached is the budget for calendar
year 1987 as Exhibit B.
SECTION 2. CHAMBER OPERATIONS
' A. For the purpose of performing this contract, CHAMBER is
authorized to and shall employ such personnel, procure
such equipment and materials, and enter into such
contracts as are necessary for the performance of this,
Agreement, but in so doing CHAMBER shall not violate
any provision of this Agreement and particularly
Section 4C hereof.
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B. The CHAMBER shall:
(1). Maintain an office at 3645 Imperial Highway,
Lynwood, California, or at such other location as may be
mutually agreed upon between the parties, and which shall keep
such offices open daily Monday through Friday from 9:00 a.m. to
5:00 p.m., except holidays.
(2). Maintain an adequate staff at all times
throughout the term of this Agreement.
(3). Develop and maintain a program to vigorously
promote and encourage new membership within the CHAMBER.
SECTION 3. TERM
This Agreement shall be in full force and effect from
and after execution of said document through and including
December 31, 1988 unless sooner terminated pursuant to the terms
hereof.
SECTION 4. COMPENSATION
A. Revenues in the amount of $65,000 collected pursuant to
the Ordinance, shall be due and payable to the CHAMBER to the
extent that proceeds have been collected from the tax.
1. January 5, 1988 - $ 16,250.00
2. April 1, 1988 - $ 16,250.00
3. July 1, 1988 - $ 16,250.00
4. October 1, 1988 - $ 16,250.00
B. The CHAMBER agrees that no funds received by it from
CITY pursuant to the Ordinance shall be expended for any purpose
except such purposes as are authorized by all three of the
following, to wit:
(1) Parking and Business Improvement Area Law of 1979
(2) City of Lynwood Ordinance No. 1262
(3) This Agreement
SECTION 5. REPORTS
A. The CHAMBER shall file with the City Manager of the CITY
as soon as possible after December 31, 1988, a Report setting
forth in detail, the activities of the CHAMBER conducted and a
financial accounting during the previous year.
B. CHAMBER shall at the end of each Calendar quarter render
to CITY a full and accurate accounting of all funds received by
it under this Agreement and of all expenditures of such funds.
CHAMBER shall be liable to CITY for any and all expenditures of
funds contrary to the provisions of this Agreement.
C. CITY's independent auditors shall have authority at any
reasonable time as determined by CITY to audit CHAMBER's
accounts, at CITY's expense, with respect to all funds received
by CHAMBER under this Agreement and the expenditure of any or all
of such funds. The Chamber shall maintain its records in a
manner to allow documentation of all district expenditures.
SECTION 6. TERMINATION
This Agreement may be terminated by either party at the end
of any Calendar quarter by one party giving to the other
written notice of termination at least thirty (30) days prior to
the end of any such Calendar quarter. CITY may terminate
immediately the Agreement upon violation by CHAMBER of any
provision hereof. Upon termination of the Agreement all monies
derived by CHAMBER, together with all expenditures of such funds
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contrary to the terms of this Agreement, shall be repaid to CITY.
If' agreement is cancelled, no further payments are due the
Chamber pursuant to this agreement. 7 CHAMBER shall not incur
indebtedness in the performance of this Agreement in excess of
the funds allocated hereunder to CHAMBER by CITY and CITY shall
not be liable for any indebtness incurred by CHAMBER contrary to
the provisions of this Agreement and CHAMBER shall hold CITY free
and harmless from any indebteness of claims incurred contrary to
the provisions of this Agreement.
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IN WITNESS WEREOF, the City has, by order of its City
Council, caused this Agreement to be subscribed by the Mayor of
the City and the Chamber has caused this Agreement to be
subscribed by its officers there onto first duly authorized on
the day and year first herein before set forth.
CITY OF LYNWOOD
By:
Mayor
ATTEST:
By:
City Clerk CHAMBER OF
xecutive Director
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chamber