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HomeMy Public PortalAboutA 1987-08-18 LLDCLYNWOOD LOCAL DEVELOPMENT COMPANY II SPECIAL MEETING AUGUST 18, 198 3:00 P.M. A G E N D A WILLIAM KOLITZ CHAIRMAN JIM MORTON VICE - CHAIRMAN HARRY PRINS MEMBER CITY STAFF DIRECTOR OF COMMUNITY DEVELOPMENT VICENTE L. MAS OPENING CEREMONIES: A. CALL TO ORDER B. FLAG SALUTE C. ROLL CALL D. CERTIFICATION OF AGENDA POSTING E. APPROVAL OF MINUTES: None F. ITEMS FOR DISCUSSION 1. 1987 -88 CDBG Grant Award 4d X m" RE Vt ps CITY OF LYN'.aOOO I CITY CLER L: C" P AUG 14 1987 AM PM 7�BAIN11021112Oil 50 IZ BEIINARD H. LAKE SECRETARY- TREASURER DR. BERNARD STEUBER MEMBER HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR ARTHUR N. WALLER Comments: On July 7, 1987, the Lynwood City Council approved the award of Community Development Block Grant (CDBG) funds in the amount of $100,000 to the Lynwood Local Development Company. The attached agreement must be executed by the Chairman of the Board of Directors. • LLDC Agenda Page #2 0 2. Establishment of Operating Budget for Fiscal Year 1987 -88. Comments: The City of Lynwood has absorbed operating costs of the Local Development Company for several years (i.e. postage, supplies, staff salaries, etc.) Funds generated from interest on the deposit of grant funds could be used to establish an operating budget for fiscal year 1987 -88. 3. Request for Business Development Assistance Loan - Clyde Smith dba Ornamental Plaster and Molding - Presentation by Mr. Clyde Smith (Adjourn to Closed Session) G. ITEMS FOR CONSIDERATION 1. A RESOLUTION OF THE LYNWOOD LOCAL DEVELOPMENT COMPANY APPROVING A AGREEMENT WITH H CORPORATION OF LOSANGELESCOUNTYFORETWENTYC DEVELOPMENT FIVE THOUSAND - DOLLARS. H. STAFF REPORTS I. BOARD ORALS J. PUBLIC ORALS K. ADJOURNMENT 0 9 LYNWOOD LOCAL DEVELOPMENT COMPANY CONTRACT WITH CITY OF LYNWOOD This Contract is made and entered into this day of July 1987, by and between the City of Lynwood, hereinafnon- palled "City" and the Lynwood Local Development Company, fit California corporation, hereinafter called "LLDC ". 1. SCOPE OF SERVICE. The program idescribed e hereto Exhibit and "Project Description , which incorporated herein by reference, shall be implemented. 2. TIME OF PERFORMANCE. Services are to commence as of the date first indicated above through June 30, 1988. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall grant 1987- 88DCOman advance el the am ck Grant 100 DBG) funds, the 4. CONTRACT ADMINISTRATION. The Housing and Community Development Coordinator, hereinafter called the Project Director, or his /her designee, shall have full authority to act for City in the administration of this Contract consistent with the provisions contained herein. 5. PROGRAM EVALUATION AND REVIEW. All data necessary for the City's review and monitoring process shall This wade accessible to their designated personnel. include a review of performance from records and interviews with program participants as required by the City. 6. COMPLIANCE WITH LAWS. All parties agree to be bound by applicable Federal, State and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. 7. REVENUE DISCLOSURE REQUIREMENT. LLDC shall make available for inspection and audit to City's representatives, upon request, at any time during the duration of this Contract and during the period of five (5) years thereafter, all of its books and records relating to the operation by it of each project or business activity, including the project(s) under this Contract, which is funded in whole or in part with Federal or State grant monies, whether or not such monies are received through City. All such books and records shall be maintained by LLDC at a location in Los Angeles County or other location that may be approved by City specifically cited in the "Project Description " Exhibit A, to this Contract. 8. INDEMNIFICATION. LLDC shall indemnify, defend, and hold harmless City, their officers, agents and employees from and against any loss, liability, or expense, including defense costs and legal fees, and b claims for d bodily nature whatsoever, including, injury, death, personal injury or property damage that arise or result from the wrongful or negligent acts or or employees omissions of the allegedly or or agents, omissions of LLDC its officers, including any worker's Compensation suits, liability, or ted with services performed expense arising from or connec 0 9 by LLDC or on behalf of LLDC by any other person pursuant to the Contract. The City and any businesses p rticipatind in the LLDC program shall indemnify, defend harmless LLDC, their officers, agents and employees from and against any loss, liability, or expense, including defense whatsoever, including, but not limited to bodily injury, death, personal injury or property damage that arise or result from wrongful or negligent acts or omissions of LLDC, its officers, agents or employees, including any Workers Compensation suits, liability, or expense arising from or connected with services performed by LLDC or on behalf of LLDC by any other person pursuant to this Contract. 9. INSURANCE. Without limiting LLDC's indemnification of the City, LLDC shall provide and maintain at its own expense during the term of this Contract a program of insurance to include professional liability insurance coverage in the amount of one - hundred thousand dollars ($100,000). 10. TIME OF PERFORMANCE MODIFICATIONS. The City Project Director or his /her designee, may grant time of performance modifications to this Contract when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by LLDC; C. Will not change the project goals or scope of services; d. Are in the best interest of the City and LLDC in performing the scope of services under this Contract; and e. Do not alter the amount of compensation under this Contract. 11. CHANGES. The City or the LLDC may, from time to time, request changes in the scope of services to be performed. Such changes, as may be agreed upon, shall be incorporated in written amendments to this Contract. 12. TERMINATION. This Contract may be terminated by either party by giving written notice at least five (5) days prior to the effective termimation date stated in the written notice: The City, without cause, may terminate the Contract upon thirty (30) days written notice. Any undisbursed funds will be returned to the City. i 13. NOTICES. All notices shall be served in writing. The notices to the LLDC shall be sent to the following address: 11330 Bullis Road, Lynwood, CA 90262 Notices, reports and statements to the City Hall shall be delivered or sent to: 11330 Bullis Road, Lynwood, CA 90262 14. JOINT FUNDING. The City shall not pay for any services provided by the LLDC which are funded by other sources. All restrictions and /or requirements provided for in this Contract relative to accounting, budgeting and reporting apply to the to total program regardless of funding sources. 15. ASSIGNMENT. This Contract is not assignable by LLDC without the express written consent of the City. work on specific client projects can be sub- contracted to private sector consultants approved by the LLDC as a part of its resource network. The LLDC will be solely responsible for the work performed by such sub - contractor. 16. CONFLICT OF INTEREST. The LLDC, its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. To this end, the LLDC will make available to its agen and employees copies of all applicable Federal, County laws and regulations governing conflict of interest. LLDC shall furnish to the City, prior to execution of this Contract, a written list of all current or proposed subgrantees /subcontractors, venors or personal service providers, which will receive $10,000 or more during the term of this Contract. Such a list shall include the names, addresses, telephone numbers and identification of principal party(ies) and a description of services to be provided. 17. DISCRIMINATION. No person shall, on the grounds of race, sex, creed, color, religion, or national origin excluded from participation in, be refused the benefits any of, or otherwise be subjected to dcrimina by this activities, programs or employment PP Contract 18. AMENDMENTS: VARIATIONS. This writing with attachments, embodies the whole of the Contract of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, any addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment of this Contract formally approved and executed by both parties. 0 E IN WITNESS WHEREOF, the Governing bodies of the parties hereto have authorized this Contract and have caused said Contract to be executed by their respective chief executives officers and attested by the executive officers and clerk thereof as of the day, month and year first above written. CITY OF LYNWOOD BY: Company 11330 Bullis Road Lynwood, Ca. 90262 OPERATING AGENCY Lynwood Local Development BY: TITLE DATE: APPROVED AS TO FORM: BY: City Attorney TITLE: DATE: DATE: C' EXHIBIT A SCOPE OF WORK BUSINESS DEVELOPMENT ASSISTANCE PROGRAM GENERAL GUIDELINES z The Business Development Assistance Program (BDA) is a financial assistance program administered by the Lynwood Local Development Company (LLDC). PROGRAM BACKGROUND The Business Development Assistance Program has been adopted by the LLDC to provide financial assistance to businesses wishing to expand in or relocate to the City of Lynwood. Primary funding for the BDA Program is from the City of Lynwood's Community Development Block Grant (CDBG) Program. Although the LLDC anticipates continuing support from CDBG funds, it shall seek to expand its financial resources. ELIGIBILITY REQUIREMENTS Program assistance will be provided to those businesses -which provide evidence of need. Preferential treatment will be given to businesses which will provide additional jobs to the community. DESCRIPTION OF ASSISTANCE The BDA Program can make available to qualified applicants below market interest loans and grants, as described below: LOANS: The BDA Program provides three percent (3%) loans with amortization not to exceed sever. (7) years. All loan requests must be submitted to the LLDC which will be submitted to an approved lender. 1. Maximum Loan Amount The maximum loan amount shall be limited to $10,000, including the amount necessary to cover the cost of equipment, trade fixtures and inventory or trade stock. Page Two 2. Terms Amortization of the loan shall not exceed seven (7) years. 3. Loan Costs The bank may charge to the loan the cost of loan origination fees. GRANTS The grant component is designed to provide assistance to local businesses to cover the cost of equipment, trade fixtures and inventory or trade stock. These funds shall be used only in those cases where the loan proceeds are not sufficient to cover the cost of the request for assistance. As such, the grant should be considered as "gap financing" only. 1. Maximum Grant Amount The maximum grant amount per participant shall be $2,500. 2. Documentation To qualify for this grant, a participant must provide appropriate documentation of planned expenditures (such as purchase orders or invoices), showing the use of funds, estimate of costs, and name and address of vendor or supplier. ELIGIBLE EXPENDITURES All costs directly attributable to the costs of equipment, trade fixtures and inventory or trade stock are eligible, including loan origination fees and any other costs associated with the preparation of loan documents. PROCESSING OF RE91EST5 FOR ASSISTANCE Step 1: Application Submittal Applicants must complete and submit a BDA Program application form, a business development plan, a balance sheet, profit and loss statements for the preceeding two years, and an itemized list of needed equipment, furniture, trade fixtures or trade stock to the LLDC with approximate costs. Page Three 7 Step 2: Staff Review and Determination of Eligibility After submittal of the application, staff will review the financial information to determine the applicant's level of need and the estimates for reasonableness of costs. Step 3: Securing the Financing After the application has been approved by staff, it will be submitted to the LLDC for evaluation. The LLDC will approve or deny the loan or grant request based on its evaluation. The LLDC may also approve an amount which is less than the amount requested. Step 4: Obtaining Bid and vendor /Supplier Selection Upon approval by the LLDC, staff will assist participants in obtaining at least three (3) bids from vendors /suppliers. Staff will then review bids for costs and the participant will choose the lowest reasonable bid. Step 5: Participation Agreement After the selection of a vendor /supplier, the participant will execute an agreement with the LLDC and the applicable loan documents. Step 6: Disbursement of Loan and /or Grant Proceeds Payments will be made directly to the selected and approved vendor /supplier, not to the participant.* This payment will occur upon verification of expenses incurred, as evidenced by the participant's submission of purchase orders, invoices, etc. ( *Amended August 27, 1986, to allow pre- approved loan proceeds to go to an applicant as reimbursement of a pre- approved purchase.) GENERAL PARTICIPATION RESPONSIBILITIES All applicants who participate in the Business Development Assistance (BDA) Program must abide by all Program rules and regulations , which include those listed below: o Applicant(s) must keep all appointments. o Applicant(s) must allow at least three (3) vendors /suppliers to submit bids. 0 Applicant(s) must select the lowest reasonable bid. Page Four o Applicant(s) must sign a LLDC Participation Agreement prior to signing loan documents. o Applicant(s) must present vendor /supplier purchase orders, invoices, etc. CONTRACT WITH ECONOMIC DEVELOPMENT CORP. (EDC) PUN POSE To provide goal It business counsel loll and flnanc I al a sst at arses services to existing buslnessr.s through public and private sector resources. PIIOGRAM COMPONENTS •there are two components available to Iota Jurisdictions wirir.h call be utilized separately or together. Those are: 111 'ranvr. Area Counsel in)_ (TAC): direr Led nl g ang rap5 nrens wirlc lr li.e a hi9r ecou oho r c priority (i.e., red evelopmeot, commercial ,I..j 1d ies` : I areas.) Services Include business plans t sUi r analysis, accounting, marketing, operation computer implementation and financial assistance programs. (2) CiUwide Financial Oft ions (C Ft 9 on a citywide Tail to haolllry or ezp nnJ59 businesses with capital scuds. Proy rams luclude SBA 504 and loans, tax- exempt and taxable bond programs, p control loans and others. 1. PROGRAM IMPLEMENTATION Thcre impler These (1) (2) (3) ill are three basic actly it ies inv rents. renting bath the TAC and CFO program are: marketing the program, conducting client assessments and prov id hill In -depth counseling or 10,141 packaging assistance. COSTS /GOAI.S All services are provided at $50 /Lou[. Cities can Is ur(:hasc an amount of hours from local tire EDC and allocate them according to a priorities. A typical arrangement entails City purrhnsing 500 hours for $25,000. The breakdown of hours and goals would bet Activity I10UIS $ Goals I, Marketing loans approval. AC 40 $2,000 Program promotion .'r .CFO 40 $2,000 Program promotion ll. Client Assessmen L /nasic Counseling 120 $6 , 000 15 businesses .TAC .CFO 60 $7,000 10 businesses ill. In -depth Counsel log /Loan Packaging BENEFITS The City lev stay es Its resources with State, County and private sector resources In the Program to prov F,le econmic Thls can become I r known as [theeClty'rs , l omic Oevelupment Program ". R 240 $12,000 0 businesses .TAC .CFO 0 0 • 7 business:: Total 500 $25,000 25 businesses • Fees come from Individual loans approval. BENEFITS The City lev stay es Its resources with State, County and private sector resources In the Program to prov F,le econmic Thls can become I r known as [theeClty'rs , l omic Oevelupment Program ". R A RESOLUTION OF THE LYNWOOD LOCAL DEVELOPMENT COMPANY AUTHORIZING AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT CORPORATION OF LOS ANGELES COUNTY WHEREAS, the Lynwood Local Development Company quality desires to implement a program to provide affordable, q y business counseling services and financial assistance to existing businesses in the City of Lynwood, and WHEREAS, 'the LLDC requires the assistance of a qualified consultant to provide these services, and Los WHEREAS, the Economic Development Corporation of ovide Angeles County (EDC) represents that it is qualified to p these services. NOW, THEREFORE, the LLDC Board of Directors does hereby resolve as follows: SECTION 1. The LLDC shall enter into an agreement with the EDC for an amount not to exceed $25,000. SECTION 2. The Chairman of the Board of Directors and Secretary- Treasurer are authorized to execute 3 copies of the agreement. PASSED, APPROVED, and ADOPTED this day of , 1987. WILLIAM KOLITZ, CHAIRMAN LYNWOOD LOCAL DEVELOPMENT CO. ATTEST: BERNARD LAKE, SECRETARY- TREASURER