HomeMy Public PortalAboutA 1987-08-04 LLDCQ
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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
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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
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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.
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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.
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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.
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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.
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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.
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(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
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7
businesses
Total
500
25
businesses
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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.
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8. Signatures
Economic Development Corporation of Los Angeles County:
By:
Title Date
Lynwood Local Development Company:
By:
T
Date
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