HomeMy WebLinkAbout1998-06-08 98-252 ORDERCOUNCIL ACTION
Date dune B 1998 Item No. 98-252
Item/subject: Authorizing Execution of Contract with Bangor Center Management
Corporation
Responsible Department: Community&Economic Development
Commentary:
This Order authorizes the City Manager to execute a Contract with the Bangor Center
Management Corporation for the purpose of providing management services ant advtinistratioo
of the Development program for the Bangor Center Developsnenf District for the period July 1,
1998 - Juts 30, 1999.
The proposed budget is $5],]65. The Corporation did not request gencral fund support
for the upcoming fiscal year.
The proposed Contract would provide reimbursement to the City of up to 14,000 for out
of pocket expenses and personnel costs in administering the program and munburscowat to the
City of up to $10,000 for additional law enforcement services in the District (2 officers during the
succorer months cast in December).
l`
Departm4W Read
Budget
Ayproval:
l6
City
manager
Finance
Director
Associated
Informacicm:6,"t
Budget
Ayproval:
Finance
Director
grA m' b�,
City Solicitor
x Passage
First Reading
Referral Page _L of ��
fledged to ellor Pelmet June 8, 1998
a CITY OF BANGOR
(TITLE.) (Orbfrr, _........_AutM1or¢ing Execution of Contract with Bangor Center _..
Management Corporation
By W City Gained of W City ofBaµror.
ORDERED,
SHAT the City Manager is hereby authorized and directed, on behalf of the City of
Bangor, to execute a contract, a copy of which is on file in rhe Office of the City Clerk, with the
Bangor Center Management Corporation for purposes of providing management services and
administration of the development program for the Bangor Center Development District for the
period July 1, 1998 - lure 30, 1999.
In CITY COUNCIL
June 8, 1998
Motion for Passage
made and seconded 98-252
Passed 0 8 D I N
Title, Authorizing Execution of Contract
CI CLE with Hangar Center Management Corporation
......................................
..�.....,....y......./n...................
Aeei�ed to
.m�`r„v \
98-252
AGREEMENT made and entered into the _ day of , 1998, at Bangor,
Maine, by and between the CITY OF BANGOR, a Maine municipality located in Penobscot
County, State of Maine (herein termed the "CITY"), and BANGOR CENTER MANAGEMENT
CORPORATION, of Bangor, Penobscot County, Store of Main, d/b/a Bangor Center
Corporation (herein tented the "CORPORATION").
WHEREAS, the CORPORATION has expertise and experience in the business of
ceotmliz management, marketing and promotional events involving da Bangor Center
Development District; and
WHEREAS, the CITY wishes to secure the services of the CORPORATION m correction
with the CITY'S efforts to promote development of the Bangor Center Development District
dimem termed "BCDD"), as an active, vital mW[i-functional central business district; and
WHEREAS, the CITY and the CORPORATION base agreed upon the terms, conditions
and compensation under ant pura mat to which the CORPORATION will Provide such services
as an independent contractor with the CITY, and do now desire and intend to set forth herein the
full, sole and exclusive terms of their AGREEMENT,
NOW, THEREFORE, in consideration of the foregoing recitals, and of the payments to
U made hereunder by the CITY to the CORPORATION, and of the undertakings and
pertormatims to be made and performed hereunder by the CORPORATION, and for other
valuable considerations, the CITY and the CORPORATION do bereby cavemen and agree as
follows:
1. SERVICES. The CORPORATION shall Perform and render management,
promotional, marketing, landscaping and supplements] law enforcement services to and for the
benefit of the CITY during the perbd of this AGREEMENT, as an independent contractor with
the MY, and for the sole and exclusive use and benefit of the CITY, namely those services and
activities described in the Bananx Cc= Capoingim. Emposed Work Program Plan an
Budge[ Fiscal Year 1999 as adopted by the Bangor City Council by its passage of Council Order
98- on June 8, 1998 and incorporated herein as Addendum A.
2. INDEPENDENT CONTRACTOR. In the rendering of the services provided for
above, the CORPORATION shall at all time act within the limitations of this AGREEMENT.
It shall not hold itself out to be an agency or office of the CITY, ant shall be at all times an
independent contractor with the CITY. It is understood and agreed that the CORPORATION
shall, during the term of this AGREEMENT, and any extension thereof, devote a majority of its
98-252
time to providing such services as provided for in this Agreement Further, it is understood that
the CORPORATION shall not undertake any additional consulting or advisory services for any
other client in airy mmmer in conflict with the purposes and objectives of this AGREEMENT, or
with Ne interests of the CITY, except with the express prior written consent of the CITY. In the
event the CORPORATION pursues other activities or enterprises rmt contemplated hereunder
within the Bangor Center Development District, such activities or enterprises shall be authorized
only if the CORPORATION fust makes suitable arrangements with the CITY by separate
AGREEMENT or by amendmern to this AGREEMENT.
3. PEES. The CORPORATION shall be compensated for all services to be rendered
hemmJer on an ammal basis of Forty Thousand Eight Hundred Seventy One Dollars ($40,871.00)
for the duration oft his Agramen, to be paid as needed by the CORPORATION. It E understood
that the CORPORATION shall be solely and exclusively resporeibk for all expenses warned by
it. It is further agread that expenses which are not directly related to Ne services to be rendered
hereunder, shall not be the responsibility of the CITY.
4. TERM. The ofdds AGREEMENT'shallconmenceoa]u1yl,1998a sUI
expire on lune 30, 1999.
5. OPTION. The execution of this Agreement shall ret be deemed to constitute as
option to continue this AGREEMENT beyond its expiration date. Any extension or continuation
of this Agreement will be negotiable subject to re -negotiation by eider parry. Any renewal of this
Agreement by the CITY shall depend on the CITY OF BANGOR'S approval of the performance
of the CORPORATION'S work, Ne City Council's prior approval of an additional appropriation
for such work.
6. 3ERMINATION BY CITY, This AGREEMENT may be summoned bythe CITY,
upon tarty (30) days advance written rwtice to the CORPORATION, in the event that:
(a) The CORPORATION shall fail or refuse to perform the management,
marketing and promotional services provided for hereunder; provided,
however, that no such failure shall be declared by the CITY hereunder
without first giving the CORPORATION written notice of the specific
demils and grounds of any such alleged failure, and a reasonable
opportunity W ewe same; or
(b) In the event the CORPORATION shall engage in any activities or business
in conflict with the interests of the CITY arising out of the
CORPORATION'S obligations and undertakings hereunder; or
(c) In the event that she CORPORATION shall willfully disregard any express
written instruction, authorization cur prohibition given to it by the CITY, or
shall be convicted of any crime.
98-252
Nmwithmvdivg
the above, the CORPORATION shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by
the CORPORATION, and the CITY may withhold any payment to the CORPORATION for the
purpose of setoff unfit such time as the exact amount of damages due the CITY from the
CORPORATION is determined.
7. TERMINATION BY CORPORATION. This AGREEMENT may be terminated
by the CORPORATION, upon the giving of thirty (30) days written notice, in the event that the
CITY, for any reason, shall fail to promptly meet any of its financial obligations to the
CORPORATION hereunder.
8. DELIVERY V OF RECORDS, Upon the expiration of the term or any extension
thereof, or upon the [errvination of flus AGREEMENT pursuant to either Paragraph 6 m' 7 shove,
the CORPORATION shall deliver to the CITY all of its files and other data, excepting only
personal correspoMence files, relating to any projects with respect to which it shall have been
involved hereunder, and shall net thereunder knowingly utilize any of web information or data in
ary manner contrary to the interests of the CITY.
9. ASSIGNMENT. This AGREEMENT has been made and catered into by and
betweenthe CITY and BANGOR CENTER MANAGEMENT CORPORATION. Itis agreed that
Box AGREEMENT may int be assigned to any third party without the prior expressed written
consent of the CITY.
10. APpt ICAW F. I A W, CONTROr.. This AGREEMENT has been made and
entered into and sba ] be commred mmnr the Iaws of the State of Maine including the Provisions
of Chapter 2Q/, Municipal Development Districts, Title 30-A M.R.S.A. §§5251-5261. The
CORPORATION may 9 all times conclusively reply upon the authority of the person from time
to more designated as the City Manager with respect to and matters, ivstructiovs and authorizations
required hereunder.
Il. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be
sufficient if sera by registered or cerdfied mail, return receipt requested, postage prepaid, to City
Manager, City of Bangor, City Hall, 73 Harlow Street, Bangor, Maine 04401; and notices to the
CORPORATION to be sent by registered or terrified mail, return receipt requested, postage
prepaid, to Bangor Center Management Corporation, c/o Community & Economic Development
Dept. 73 Harlow St., Bangor, Maine 09901; or to such other respective addresses as the parties
may designate to each other in writing from time to time.
12. CHANGE$. The CITY may, from time to time, request changes in the scope of
their services of the CORPORATION o be performed hereunder. Such changes, including any
increase or decrease in the amount of the CORPORATION'S compensation, wbich are normally
agreed upon by and between the CITY and the CORPORATION, shall be incorporated in written
amendments o this AGREEMENT.
98-252
13. ANTI -KICKBACK RULE . Salaries of persons performing work under Us
AGREEMENT shall be paid unconditionally aed not less often than once a month without
deduction or rebate on any account except only such payroll deductions as are permitted by law.
The CORPORATION shall comply with all applicable "Anti -Kickback" laws and shall insert
appropriate provisions in all subcontracts covering work under this AGREEMENT to ensure
compliance by subcontractors with such laws.
14. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
AGREEMENT, the CORPORATION will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, handicap, or national origin. The
CORPORATION will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, withom regard to their race, color, religion, sex, age,
handicap or national origin.
The CORPORATION will, mad solicitations or advertisements for employees state
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, age, handicap or national origin.
15. COMPITANCEW I CA1.IAWS. The CORPORATIONsbail Comply With
all applicable laws, ordinances, and codes of the State and local governments, and shall commit
no trespass on any public or private property in performing any of the work embraced by this
AGREEMENT. The CORPORATION shall not engage in any activities, or expend any funds
provided by the CITY for activities not permitted under the provisions of Tide 30-A M.R.S.A.
§§5251-5261.
16. SUBCONTRACTMG. The CORPORATION shill be fully responsible to Ne
CITY for the acts and omissions of its subcontractors, and of persons either directly or indirectly
employed by the CORPORATION.
17. INTEREST OF MEMBER OF THE ClTY. No member of the governing body
of the CITY, and no other public official, officer, employee, or agent of the CITY shall have any
personal interest, direct or indirect, in this AGREEMENT.
18. INTER ¢T OF CORPORATION. The CORPORATION covenants that 4
presently has an interest and shall not acquire any interest, direct or indhect, which would coMict
m any manner or degree with the performance of its services hereunder. The CORPORATION
further covenants that in the performance of dus AGREEMENT no person having any such
interest shall be employed.
19. ACCESS TO RFCOROS. The CITY, or any of us duly authorized representatives
shall have access to any books, documents, papers, and records of the CORPORATION which
are directly pertinent M dds AGREEMENT for the purpose of making audit examination,
excerpts, and transcriptions. The CORPORATION shall preserve all such records for a period
of seven years. The CORPORATION shall maintain fill and correct books and records showing
in detail its irconre and expenses; will permit the CITY and its represervadves W examine said
books and records and all supporting vouchers and data any time, and from tlme to time upon
request by the CITY a the place in which such books sal records are =Wroorily kept.
20. REPORTS. The CORPORATION shell prepare and deliver to the City Manager
of the City of Bangor for distribution to the City Council of the City of Bangor, sentiann ial
reports describing the CORPORATION activities and progress in performing the services and
activities desetibed in We Entrant
Budget Fiintal Year 1999 as adopted by the Bangor City Council by its passage of Council Order
98- on June 8, 1998 and incorporated herein as Addendum A.
IN WITNESS WHEREOF, the pardes hereto have exemaed this AGREEMENT
at Bangor, Maine, on We day and year first above stated.
Y V1073I T.r J
U2
Witness Edward A. Barrett
Its City Manager
BANGOR CENTER MANAGEMENT CORPORATION
Witness
Its President
cw.nm..a.uc IIAIKmnmmc� y
98-252
Addendum A
' "
11 A.,e.,T...T....<e., I ... .,..,1 AnnealReparFY88
Proposed Work Program Plan and Budget
Fiscal Year 1999
Bangor Center Corporation will use anyservew available through the Department of
Community and Ewusmic Development, and the Subcommittees for Marketing, Beautification,
Security, and Events, to carry out hs fiscal 1999 work plan. Revemres will be raised from the
special assessment level on property owners to the lsovmtowo Development District ad from
events sponsors. Those revenues, and the carry forward bank balance from fiscal year 1998, will
be used tofund BCC's activities for the used fiaal year. Total fiords esthmtd to be available for
final year 1999 are $57,765.
Personnel. BCC will smgr1cmad the salary of project coordinator who will work in the
Department of Community & Economic Development This coordinator Will adamtista the
implemeNation of the adopted work program
Arms intatmtion and Was mace. BCC will reimbuse the Department of Community & Ecomomic
Development for administration services and materials. It will also purchase insurance n an
approximatecostof$275.
Events Work Program
Events Coordination. BCC will execute a contract wNh Steve Robbin to perform the dudes of
events wordinzmr,ad will pay for liability insurance for the wordionarn This will total
approximately$10,250. The remainder of the expense represents the cost of sponsoring the
events. Sponsor &e revenues we expected to cover d except the Cbrishuas lighting even, which
is estimated to war $2,751.
Events. Those events which BCC has traditionally in imd ad administered by itsefam:
Christmas Lighting, Cultural Heritage Festival, Noonime Delight and Twilight Delight Concert
Series. In addition to dense events, BCC's events coordinator and C&ED's project coordinator
assist other organizations with Downtown events. The most siguifican of those have been the
World's Largest Garage Sale, the Christmas Parade, dee 40 of July Celebration, and the
Downtown Sidewalk Art Festival. It is likely that BCC will continue to lend support to those
activities until another organization is fond to ill list role.
The Evens Work Program strategy will continue m be to look for opportumhies W generate
evens which benefit from, and provide hrcfits to, activities sponsored by other groups.
Therefore, when the Evens Committee develops a slate of events for FY 99 there any be
additions or deletions from the traditional list.
Security Program
Police Patrol Subsidy. BCC will supplement the City ofBaugor's POkce Departocam budget
with a $10,000 grant to support bicycle patrols and Cbristnes season foot patrols.
The Security Committee will meet periodically throughout the year with Bangor's Chief of Police
to exchange information.
Marketing Program
Signs. BCC bas requested fmsacial assistance from Commuohy Developmerd to Place two more
iuformatbnal signs, that include maps, at the Waterfront, and in flow Of City F39LL
Advertising. BCCw place an of in the Bangor Regional Chamber of Commerce Visitors
Go & (production and ad estimated at $1,400), and has allocated $200 for incidental advertising.
Brochures. BCC will comimes to produce brochures for distnbutonto local hotels and molels.
surd for dismbution through it membership whh the Maine Publicity Bureau.
Newsletter Production. BCC will cominam to Produce the Talk of the Downtown four home a
YOU.
Web Site. BCC will maintain its Website at an approximate arcual cost of $360.
Other Marketing. An estimmed $1,777 is allocated to support the aforementioned categories if
needed.
Beautification Program
Plowem BCC wJl help support the maintemnce of0owers to planters placed Downtown BCC
will work with Bangor Scandal and Bmgor Public Services on this program
Banners. BCC will continue to erreas a for the display of the decorative beavers that were
purchased Jointly with Bangor Beautiful.
Trails. BCC has requested fmancial assistance from Community Developmem To enhance the
devarcationofDowetovmwallcmg"fis. BCCwifl orkwahthe Clamber TTails Commhtec,
the Bangor Historical Society, Bangor Beautiful and other community groups to Promote the
enhnx:enant ofDoOmomm eats.
RANCOR
,, MARLOW STRa..RA.43"R."AI"L..,.1
AwmalftnIFY99
Security Program
Police Patrol Subsidy. BCC will supplement the City ofBaugor's POkce Departocam budget
with a $10,000 grant to support bicycle patrols and Cbristnes season foot patrols.
The Security Committee will meet periodically throughout the year with Bangor's Chief of Police
to exchange information.
Marketing Program
Signs. BCC bas requested fmsacial assistance from Commuohy Developmerd to Place two more
iuformatbnal signs, that include maps, at the Waterfront, and in flow Of City F39LL
Advertising. BCCw place an of in the Bangor Regional Chamber of Commerce Visitors
Go & (production and ad estimated at $1,400), and has allocated $200 for incidental advertising.
Brochures. BCC will comimes to produce brochures for distnbutonto local hotels and molels.
surd for dismbution through it membership whh the Maine Publicity Bureau.
Newsletter Production. BCC will cominam to Produce the Talk of the Downtown four home a
YOU.
Web Site. BCC will maintain its Website at an approximate arcual cost of $360.
Other Marketing. An estimmed $1,777 is allocated to support the aforementioned categories if
needed.
Beautification Program
Plowem BCC wJl help support the maintemnce of0owers to planters placed Downtown BCC
will work with Bangor Scandal and Bmgor Public Services on this program
Banners. BCC will continue to erreas a for the display of the decorative beavers that were
purchased Jointly with Bangor Beautiful.
Trails. BCC has requested fmancial assistance from Community Developmem To enhance the
devarcationofDowetovmwallcmg"fis. BCCwifl orkwahthe Clamber TTails Commhtec,
the Bangor Historical Society, Bangor Beautiful and other community groups to Promote the
enhnx:enant ofDoOmomm eats.
98-252
BANGOR CENTER CORPORATION
RE MARLOW STREET. RANCOR, MAINE 04461
,er mer n7443-410 XIII PAX y,eT O.rru
Bangor Center Corporation
Memorandum: A request has been made for $5,000 In City of Bangor CDBG funds
to assist with pedestrian amenities that include two more irdomlational signs,
pavers and paint to delineate trail. See Attached.
03x2"8 BUDGE .WK4
"alliance"
""BUDGET
FY 89 BUDGET
upnsNneli
ac ameMM
7H197
7116167
Development District Levy
41,224
41,224 -
42,000
Events
10,250
10,250
11,250
Carryforvard Bank Balance
15,000
17,732
4,415
Interest
96
96
100
Total Available for Spending
66,670
idi'm
67,766
Personnel reimb to City
14,000
14,000
12,000
Events, including insurance
26,810
27,018
23,765
Signs and kiosks
2,500
2,500
0
Advertising
3,550
3,700
1,600
Brochures
2,210
2,210
1,354
Webee and other mktg
1,000
1,100
2,137
Newsletters
1,200
2,384
1,775
Beautdication
3,700
3,700
3,133
Administration & insurance
1,600
2,690
2,000
Bike palrol
10,000
10,000
10,000
Total Spending Plan
66,570
69,302
67,766
Memorandum: A request has been made for $5,000 In City of Bangor CDBG funds
to assist with pedestrian amenities that include two more irdomlational signs,
pavers and paint to delineate trail. See Attached.
03x2"8 BUDGE .WK4
To: Stan Moses
From: Selly Burgess
Re: Pedestrian Amenities Project for Downtown
Date:2 /19/98
On behalf of Bangor Center Corporation's Downmwm Beautification Committee, I am submitting
this region fur funding a Pedestrian Amenities Project for FYE 6/30/99.
Berger Cenm Corporation's Beautification Comndhee wishcs to focus elfin s m the
cabouem.m of a Downtown walking trail, using the esaivg"Kenduskeag Stream Park y" as
As basis To Lather develop, detonate, and publicize the trod, the fo0owivg amenities are
requested:
Estimated Cost
Two Downtowm Barger Dbaaory Signs, one b be
planed m the vicinity of the waterfront, another to be
pled in the vic0tiry of City Hall. (BCC is funding
the desig fabrication, and Pint of the fan lo
this series to be installed in Wen Me" Square)
These pedestrian-oreated signs identtly the Kevduskeag
Stream Parkway; D rstmom streets, historical
landmarks, parking lots, public restroom, and ATM's.
AND
Kenduskeag Strome Parkway markers and map holders
One to be placed a the enhance on Fr mddlo Street, others
to be Placed at various points to=Phasae momwWvity. Forallsigns $3,500
Pavers ant paint to delineate trait. $115M
Total budget request $5,000
I propose that BCC's Beautification Committee would administer the project and submit invoices
to you for your review, approvd, and payment from Your CDBG entitlement.
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