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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. 1 A S�tkA) V @ 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 2 1 r 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. 1 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 1 chamber