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HomeMy Public PortalAboutA 1987-08-04 LLDCQ r • LYNWOOD LOCAL DEVELOPMENT COMPANY ^ SPECIAL MEETING AUGUST 4, 1987 I R E C E 3:00 P.M. CITY OF LYNWOOD CITY CLERKS OFFICE JUL 311987 A G E N D A AM pig 7181911011102 Z 12131415 i 6 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 Comments: BERNARD H. LAKE SECRETARY - TREASURER DR. BERNARD STEUBER MEMBER HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR ARTHUR N. WALLER 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. Fi LLDC Agenda Page #2 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 AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT CORPORATION OF LOS ANGELES COUNTY FOR TWENTY FIVE THOUSAND DOLLARS. H. STAFF REPORTS I. BOARD ORALS J. PUBLIC ORALS K. ADJOURNMENT E 0 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 (LLDC) desires to implement a program to provide affordable, quality 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 WHEREAS, the Economic Development Corporation of Los Angeles County (EDC) represents that it is qualified to provide 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 0 E ECONOMIC DEVELOPMENT CORPORATION OF LOS ANGELES COUNTY CONTRACT WITH LYNWOOD LOCAL DEVELOPMENT COMPANY This Contract, is made and entered into this day of 1987, by and between the Lynwood Local Development Company, hereinafter called - LLDC" and the Economic Development Corporation of Los Angeles County, a not- for - profit California corporation, hereinafrer called "EDC ". 1. SCOPE OF SERVICE. The program described in Exhibit A, "Project Description ", which is attached hereto and incorporated herein by reference, shall be implemented. 2. TIME -OF PERFORMANCE. Services are to commence as of August 1, 1987 and be completed within 330 consecutive days. 3. COMPENSATION AND METHOD OF PAYMENT. The LLDC shall reimburse the EDC in an amount not to exceed $25,000. Reimbursement of fees for services provided by EDC is contained in Exhibit A. 4. BUDGET SECTION. No more than the amounts specified in Exhibit A, which is attached, may be spent for the separate cost categories without written approval of the LLDC. 5. CONTRACT ADMINISTRATION. The Chairman of the LLDC Board of Directors hereinafter called the Project Director, or his designee, shall have full authority to act for LLDC in the administration of this Contract consistent with the provisions contained herein. 6. PROGRAM EVALUATION AND REVIEW. All data necessary for the LLDC's review and monitoring process shall be made accessible to their designated personnel except specific client information as requested by the client. This will include a review of project performance from records and interviews with the EDC's staff and program participants as required by the LLDC. 7. 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. 8. REVENUE DISCLOUSURE REQUIREMENT. EDC shall make available for inspection and audit to LLDC's representative, upon request, at any time during the duration of this Contract and during a period of five (5) years hereafter, 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 records shall be maintained by EDC at a location in Los Angeles County or other location that may be approved by LLDC and specifically cited in the "Project Description" Exhibit A, to this Contract. 0 • 9. INDEMNIFICATION. EDC shall indemnify, defend, and hold farmless LLDC, their officers, agents and employees from and against any loss, liability, or expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury or property damage that arise or result from the wrongful or negligent acts or omissions of the allegedly wrongful or negligent acts or omissions of EDC, its officers, agents, or employees including any Worker's Compensation suits, liability, or expenses arising from or connected with services performend by EDC or on behalf of EDC by any other person pursuant to this Contract. The LLDC and any businesses participating in the EDC program shall indemnify, defend and hold harmless EDC, their officers, agents and employees from and against any loss, liability, or expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury or property damage that arise or result from the wrongful or negligent acts or omissions of EDC its officers, agents or employees includng any Worker's Compensation suits, liability, or expense arising from or connected with services performed by EDC or on behalf of EDC by any other person pursuant to this Contract. 10. INSURANCE. without limiting EDC's indemnification of the LLDC, EDC 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 Five - Hundred Thousand Dollars ($500,000). 11. BUDGET MODIFICATIONS. The LLDC Project Director or his designee, may grant budget modifications to this Contract for the movement of funds within the budget categories identified in Exhibit A, when such modifications: a. In aggregate do not exceed $10,000 per budget cost category; b. Are specifically requested by EDC; c. Do not alter the amount of compensation under this Contract; d. will not change the project goals or scope of services; e. Are in the best interest of the LLDC and EDC in performing the scope of services under this Contract; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 12. TIME OF PERFORMANCE MODIFICATIONS. The LLDC Project Director or his designee, may grant time of performance modifications to this Contract when such modifications: a. In aggregate do not exceed b. Are specifically requested c. will not change the project d. Are in the best interest of the scope of services under e. Do not alter the amount Contract. twelve (12) calendar months; by EDC; goals or scope of services; the LLDC and EDC in performing this Contract; of compensation under this 13. CHANGES. The LLDC or the EDC may, from time to time, request changes in the scope of services to be performed. Such changes including any increases or decreases in the amount of compensation, as may be agreed upon, shall be incorporated in written amendments to this Contract. 0 0 14. TERMINATION. This Contract may be terminated by either party by giving written notice at least five (5) days prior to the effective termination date stated in the written notice: The LLDC, without cause, may terminate this Contract upon thirty (30) days written notice. 15. NOTICES. All notices shall be served in writing. The notices to the EDC shall be sent to the following address: 550 S. Vermount Avenue - 3rd Floor Los Angeles, California 90020 Notices, reports and statements to the LLDC shall be delivered or sent to: 11330 Bullis Road Lynwood, California 90262 16. AFFIRMATIVE ACTION. The EDC shall make every effort to ensure that all projects funded shall provide equal employment and career advancement opportunities for minorities and women. In addition, the EDC shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly as a result of this program. 17. JOINT FUNDING. The LLDC shall not pay for any services provided by EDC 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 total program regardless of funding sources. 18. ASSIGNMENT. This Contract_is not assignable by EDC without the express written consent of the LLDC. Work on specific client projects can be sub - contracted to private sector consultants approved by the EDC as a part of its resource network. The EDC will be solely responsible for the work performed by such sub - contractors. 19. CONFLICT OF INTEREST. The EDC, its agents and employees shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest. To this end, the EDC will make available to its agents and employees copies of all applicale Federal, State and County laws and regulations regarding conflict of interest. EDC shall furnish to the City, prior to execution of this Contract, a written list of all current or proposed subgrantees /subcontractors, vendors or personal service providers, including subsidiaries of EDC, 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. 20. DISCRIMINATION. No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs or employment supported by this Contract. 0 • 21. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agents oremployees of the other party for any purpose whatsoever, including workers' compensation liability. EDC shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any EDC employee for injuries arising from or connected with services performed on behalf of the EDC pursuant to this Contract. 22. AMENDMENTS; VARIATIONS. This writing with attachments, embodies thw whole of the Contract of the parties hereto. There are no orals agreements not contained herein. Except as herein provided, any addition or variation of the terms of this Contract shall not of valid unless made in the form of a written amendment of this Contract formally approved and executed by both parties. r. 0 EXHIBIT A LYNWOOD LOCAL DEVELOPMENT COMPANY PROJECT DESCRIPTION 1. Definitions Hereinafter, the following terms will be used: 1. Target Area Counseling will be referred to as "TAC" and Citywide Financial Options will be referred to as "CFO ". 2. The Economic Development Corporation will be referred r to as the "EDC ". 3. The Lynwood Local Development Company will be referred to as the "LLDC ". 4. Designated commercial parcel areas will be referred to as "target areas". 5. A merchant or property owner determined by the LLDC to be eligible for TAC or CFO services will be referred to as "client ". 2. Purpose, Objectives and Beneficiaries A. Purpose The purpose of the Contract is to provide TAC and CFO to existing business clients in the City. B. Objectives Provide TAC and CFO to existing business clients to enhance the efficienty and profitability of thier businesses and help achieve an improved business climate in the City. C. Beneficiaries Existing businesses in the City will benefit becuase this project is designed to enhance the efficiency and profitablity of their businesses by providing TAC and CFO. 3. Content and Operations A. Work Program The work program for this Contract includes 3 components: (1) design and implementation of a marketing plan for the City, and (2) conducting client assessments for interested City businesses, and (3) provide in -dept counseling or financial assistance services as required. Actual services provided under this Contract by the EDC shall entail: (1) In corporation with the LLDC, design a citywide and /or target area marketing plan whish is approved by the LLDC. This plan will then be implemented by the EDC. 0 • (2) Services to clients shall be provided in the following manner: (a) Potential clients will be identified as a result of the marketing effort by the EDC and an assessment of the required technical assistance will be conducted. The EDC will conduct the client assessment and submit to the=_ Project Director its findings and recommendations. The Project Director will review the scope of work and costs and notify the EDC whether to proceed or not within five (5) working days. (b) If the EDC is authorized by the Project Director, to provide TAC or CFO, the EDC will within five (5) working days schedule a counseling session with the client to begin rendering the required assistance. TAC and CFO may include, but not be limited to: development of market plans; assistance, in improving store appearance /layout; personnel management; financial assistance; establishment of ledgers for accounts payable /receivable; inventory control development; preparation of financial statements; and loan packaging assistance. (c) In the event that a cost overrun is to occur during the in -dept counseling phase, the LLDC will be notified in advance. The EDC will provide a revised estimate of the scope of work and costs to the LLDC and the client and will participate in examining all available funding options. If no option is agreed upon, all work on the project will be terminated and a statement of fees for services rendered will be submitted. (3) Fees _for services provid services will be billed at services were provided. approved in advance by the the EDC within twenty (20) invoice. _d by the .EDC for TAC and CFC the end of each month in which The billing format will be LLDC. The LLDC will reimburse working days of receipt of the (4) The LLDC will provide assistance by appointing a project director, by working with the EDC in developing the marketing plan and providing the required TAC and CFO services and reviewing monthly progress at a meeting when the invoice is submitted by the EDC. (5) The EDC will prepare a final report to be submitted to the LLDC which will assess the overall program accomplishments and recommendations for continued implementation. 4. Program Service Goals Activity Hours Goals .TAC 40 Program promotion .CFO 40 Program promotion Client Assessment /Basic Counseling TAC 120 15 businesses CFO 60 10 businesses In -dept Counseling .TAC 240 8 businesses .CFO 0 7 businesses Total 500 25 businesses 0 0 5. Monitoring and Assessment On going monitoring and assessment of the EDC's performance will be conducted by the LLDC. Monitoring and assessment will be based on the service goasl specified in Section 4 above, "Program Service Goals ". The six (6) month assessment will be conducted by the LLDC and will include a project performance evaluation, financial assessment and Contract close -out. The primary responsibility of the EDC is the timely, quality accomplishment of the production goals. Assessment of the accomplishment of these goals will be based on the EDC's compliance with the work program defined in Section 3 (A) above, "Content and Operations: Work Program". The EDC will meet monthly with the LLDC to discuss progress, accomplishment of goals and problems, if any, encountered. 6. Inspection The LLDC shall have the right to inspect the work, records, books, documents, papers and activities under this Contract at such reasonable times during normal working hours, and in such manner as it may deem appropriate and the EDC shall afford the LLDC property facilities and assistance for such inspectio=. 7. Project Budget Summary A. Project Budget 1. Design and implement marketing plan TAC $2,000 CFO 2,000 2. Provide client assessments TAC 6,000 CFO 3,000 3. Provide in -dept services • TAC 12,000 • CFO 0* Total $25,000 * Fees come from individual loan approval. B. Billing Billing for services rendered will be on a progressive basis by activity to be completed. These activities are: marketing, client assessment and in -dept service and will be specified on each invoice submitted. 0 0 8. Signatures Economic Development Corporation of Los Angeles County: By: Title Date Lynwood Local Development Company: By: T Date .r