Loading...
HomeMy WebLinkAbout1994-06-13 94-284 ORDER? 94-284 ✓ iJ COUNCIL ACTION Date .Unna 13, 1994 Item No. Item/Subject: Authorizing Execution of Contract with Bangor Center Management Corporation Responsible Department: Community 6 Economic Development This Order authorizes the City Manager to execute a Contract with the Bangor Center Management Corporation for the purpose of providing management services and administration of the Development Program for the Bangor Center Development District for the period July 1, 1994 - June 30, 1995. The proposed budget is $59,000. The Corporation did not request general fund 'support for the upcoming fiscal year. The proposed Contract would provide reimbursement to the City of up to $5,450 for out of pocket expenses in administering the program andeimbursement to the City of up to $20,000 for additional law enforcement services in the District (2 officers during the summer months and in December). , Department Head U City Manager Associated Information: 6 � (' R Passage First Reading Referral Page of wm�.mrtroa.�.� June 13,1994 94-184 Ae®piedto Counaor Tyler CITY OF BANGOR (TITLE.) P1frDTY3 __Authorizing _Ath zing E tion of Contract with Bangor Center Management Corporation By the City Council of the City of8anpor ORDERED, TBAT the City Manager is hereby authorized and directed, o behalf of the City of Bangor, to execute a contract, a copy of which is on file in the 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, 1994 - June 30,`1995. omn+N/�m-m 94-384 0ROER In City Coowil TUM 13 1994 PmRsed Title, /�> Autlwilaing aieRutYan'b£:'.contelct with Hangar �CitY Clek ,c text %event, CojpUjgt}on ........ ................../n9.................... #64 `/�w,^l� �V 6 jF^ BANGOR CENTER MANAGEMENT SERVICES CONTRACT AGREEMENT made and entered into the )&A day of/-Nt , 1994, at Bangor, Maine, by and between the CITY OF BANGOe municipality located in Penobscot County, State of Maine (herein termed the "CITY"), and BANGOR CENTER MANAGEMENT CORPORATION, of Bangor, Penobscot County. State of Maine (herein termed the "CORPORATION"). WITNESSETH: WHEREAS, the CORPORATION has expertise and experience in the business of centralized management, marketing and promotional events involving the Bangor Center Development District; and WHEREAS, the CITY wishes to secure the services of the CORPORATION t connection with the CITY'S efforts to promote development of theBangor Center Development District (herein termed "BCDD"),an active, vital multi -functional central business district; and WHEREAS, the CITY and the CORPORATION have agreed upon the terms, conditions and compensation under and pursuant to which the CORPORATION will provide such services 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 re citals, and of the payments to be made hereunder by the CITYto the CORPORATION, and of the undertakings and performances to be made and performed hereunder by the CORPORATION, and for other valuable considerations, the CITY and the CORPORATION do hereby covenant and agree as follows: 1. SERVICES. The CORPORATION shall perform and render management, promotional, marketing, landscaping and supplemental law enforcement services to and for the benefit of the CITY during the period of this AGREEMENT, as an independent contractor with the CITY, and for the sole and exclusive use and benefit of the CITY, namely e those services and activities described in the Bangor Center Management C Prourram and Budget 1994 - 1995 as adopted by the Bangor City Council by its passage of Council Order 94-201 on June 13, 1994 and incorporated herein as Addendum A. 2. INDEPENDENT CONTRACTOR. In the rendering of the services provided for above, the CORPORATION shall at all times act within the limitations of this AGREEMENT. It shall not hold itself out to be an agency or office of the CITY, and shall be at all times an independent contractor with the CITY. While it shall not be required to account for its staff's time on an hourly or daily basis, it is understood and agreed that the CORPORATION shall, during the term of this AGREEMENT, and any extension thereof, devote a majority of its staff's time to providing such services. Further, it is understood that the CORPORATION shall not undertake any additional consulting or advisory services for any other client n any manner in conflict with the purposes and objectives of this AGREEMENT, or with the interests of the CITY, except with the express prior written consent of the CITY. In the event the CORPORATION pursues other activities or enterprises not contemplated hereunder within the Bangor Center Development District, such activities or enterprises shall be authorized only if the CORPORATION first makes suitable arrangements with the CITY by separate AGREEMENT or by amendment to this AGREEMENT. 3. FEES. The CORPORATION shall be compensated for all services to be rendered hereunder an n annual basis of Forty -Three Thousand Dollars ($43,000.00) for theduration of this Agreement, to be paid in installments of 75%, Thirty -Two Thousand Two Hundred Fifty Dollars ($32,250.00), on July 1, 1994, and 25%, Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) to be due January 1, 1995. IC is understood that the CORPORATION shall be solely and exclusively responsible for all expenses incurred by it and its staffs It is further agreed that expenses which are not directly related to the services to be rendered hereunder, shall not be the responsibility of the CITY. 4. TEM. The term of this AGREEMENT shall commence on July 1, 1994 and shall expire on June 30, 1995. 5. OPTION. The execution of this Agreement shall not be deemed to constitute an option to continue this AGREEMENT beyond its expiration date. Any extension or continuation of this Agreement will be negotiable subject to re -negotiation by either party. 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, the City Council's prior approval of an additional appropriation for such work. 6. TERMINATION BY'CIT Y. This AGREEMENT may be terminated by the CITY, upon thirty (30) days advance written notice 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 n such failure shall be declared by the CITY hereunder without first giving the CORPORATION written notice of the specific details and grounds of any such alleged failure, and a reasonable opportunity to cure same, or (b) In the event the CORP0RAT20N shall engage in any activitiesr r business conflict with the interests ofthe CITY arising out of the CORPORATION'S obligationsand undertakings hereunder; or (c) In the event that the CORPORATION shall willfully disregard any express written instruction, authorization or prohibition given to it by the CITY, or shall be convicted of any crime. Notwithstanding the above, the CORPORATION shall not be relieved of liability to the CITY for damagee 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 until such time as the exact amount of damages due The CITY from the CORPORATION is determined. 7. TERMINATION RY 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 obligationsto the CORPORATION hereunder. S. DELIVERY OF RECORDS. Upon the expiration of the term Or any extension thereof, or upon the termination of this AGREEMENT pursuant to either Paragraph 7 or 8 above, the CORPORATION shall deliver to the CITY all of its files and other data, excepting only personal correspond8nce files, relating to any projects with respect to which it shall have been involved hereunder, and shall not thereafter knowingly utilize any of such information or data in any manner contrary to the interests of the CITY. 9. ASSIGNMENT. This AGREEMENT has been made and entered into by and between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed that this AGREEMENT may not be assigned to any third party without the prior expressed written consent of the CITY. 10. APPLICABLE LAW: Q2=QL. This AGREEMENT has been made and entered into and shall be construed under the Laws of the State of Maine including the provisions of Chapter 207, Municipal Development Districts, Title 30-A M.R.E.A. §95251-5260. The CORPORATION may at all times conclusively reply upon the authority of the person from time to time designated as the City Manager with respect to all matters, instructions and authorizations required hereunder. 11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be sufficient if sent by registered or certified ail, return receipt requested, postage prepaid, to City Manager, City of Bangor, City Ball, 73 Harlow Street, Bangor, Maine 04401; and notices to the CORPORATION to be sent by registered o certified mail, return receipt requested, postage prepaid, to Bangor Center Management Corporation, c/o Community & Economia Development Dept. 73 Harlow St., Bangor, Maine 04401; or to such other respective addresses as the parties may designate to each other in writing from time to time. 12. YESES. The CITY may, from time to time, request changes in the scope of their services of the CORPORATION to be performed hereunder. Such changes, including any ie or decrease in theamount of the CORPORATION'S compensation, which are mutually agreed upon by and between the CITY and the CORPORATION, shall be incorporated in written amendments to this AGREEMENT. 13. ANTI -KICKBACK ROLES. Salaries of persona performing work under this AGREEMENT shall be paid unconditionally and not less often than once a month without deduction or rebate onany 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 provision in all subcontracts covering work under this AGREEMENT to ensure compliance by subcontractors with such laws. 14. EOUAL 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, seage, handicap, Or national origin The CORPORATION will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap or national origin. The CORPORATION will, in all 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. COMPLIANCE WITH LOCAL LAWS. The CORPORATION shall 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 Title 30-A M.R.S.A. $$5251-5260. 16. SUBCONTRACTING. The CORPORATION shall be fully responsible to the 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 CITY. 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, 1n this AGREEMENT. 16. INTEREST OF CORPORATION. The CORPORATION covenants that s , it presently has n interest and shall not acquire any interest, directr , indirect,which would conflict r e any m r degree with ther performance of its services hereunder. TheCORPORATION further covenants that in the performance of this AGREEMENT no person having any such interest shall be employed. 19. ACCESS TO RECORDS. The CITY, or any of its duly authorized representatives shall have access to any books, documents, papers, and records Of the CORPORATION which are directly pertinent to this 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 full and correct books and records showing in detail its income and expenses; will permit the CITY and its representatives to examine said books and records and all supporting vouchers and data any time, and from time to time upon request by the CITY at the place in which such books and records are customarily kept; and CORPORATION hereby agrees to furnish to the CITY within sixty (60) days after the close of each fiscal year an audited financial statement of the operation of the CORPORATION feflecting income (including sources thereof) and expenses, such statement to be prepared bycertified or other competent accountant satisfactory to the CITY. 20. REPORTS, The CORPORATION shall prepare and deliver to the City Manager of the City of Bangor for distribution to the City Council of. the City of Bangor, semi-annual reports describing the CORPORATION activities and progress in performing the services and activities described in the Bangor Center Management Corporation Program and Budget 1994-1995 as adopted by the Bangor City Council by its passage of Council Order 94-281 on Tune 13, 1994 and incorporated herein as Addendum A. IM WITNESS WHEREOF, the parties hereto have executed this ACREEgsw at Bangor, Maine, on the day and year first above stated. Signed, Sealed and Delivered in the Presence of J CITY OF BANGOR By: awhz Edward A. Ba reit Its City Manager ErTIM 0 l �I� r; Proposed 1994-1995 Budget Note l Administrative services specified in the proposed budget (Expenditures - Item 1.) shall be provided by the City of Bangor through its Community and Economic Development Department. The cost of administration shall be reimbursed to the City by Bangor Center Management Corporation upon the City's ine for such costs. Administrative services shall be providedoncoat reimbursement basis, not to exceed $5,450.00. Nom` Law enforcement services specified in the proposed budget (Expenditures - Item S.) shall be provided by the City of Bangor Police Department,adescribed the Work Program. Law r enforcement shall be provided on a cost reimbursement basis for City ofBangor overtime costs incurred beyond the normal et of regular police patrol and law enforcement services in the Development District area, charges for said overtime costs not to exceed $20,000.00 total for the 1994-95 budget year. BANGOR CENTER MARAOEMKHT CORPORATION 1994-95 Work Program I. Introduction ADDENDUM A The Bangor Center Management corporation proposes to continue its focused, directaaoriented work program during the 1994-95 program year. Over the last two years, BCMC reduced its operating budget by nearly 50& in ecognition of the economic difficulties faced by property the downtown area. Accordingly, BCMC has not employed full-time staff during the past two years and does not plan to during the upcoming year. Despite the reduced resources, BCMC has continued to provide important direct services to the downtown area. A very successful law enforcement program will be continued during the upcoming year. BCMC hascently purchased bicycles for the Bangor Police Department to be used in the downtown patrol. BCMC coordination of events continued with a new event, The Greater Bangor Cultural Heritage Festival introduced in 1993. BCMC has contracted with Michael Dolley to provide events coordinator services during the last two years. BCMC has also re -introduced the noontime concert series during the summer months. II. Major Highlights of 1994-95 Work Program BCMC proposes to generate $43,000 from the development district levy (same as last year) and the proposed levy will remain the same at $.53 per $1,000 valuation. This levy includes a$.02 overlay. In addition, thearryover from the 1993-94 budge[ is projected to be $12,000 c Event and miscellaneous revenues are anticipated to be $4,700. Therefore, totalev enues for the upcoming fiscal year are projected to be $59,700. Projected expenditures during 1994-95 are $52,450 leaving a carryover in the amount of $7,250. The following will describe the proposed expenditures by major category. Administration The City of Bangor's Department of Community and Economic Development will again provide staff support at no charge to the BCMC Board of Directors. The City will be reimbursed for out of pocket expenses such as copying, postage and telephone. BCMC will secure liability insurance for its role in coordinating v v s downtown events. Other major expenses include the cost of public notices (for the annual renewal of the development district) and professional services. Special 8v is Coordination It is anticipated that BCMC will be involved in the same number of events during the next year. Expenditures will increase by $2,000 for the upcoming year. This i related toevent related out of pocket expenses however, e revenues from project sponsors will cover the additional costs. Downtsau Buuti£icaiien The 1994-95 budget proposes to increase beautification expenditures to $4,000. These funds will be used to expand litter control efforts and expand beautification projects such as hanging flower baskets. Visitor Information In 1994-95 BCMC proposes to develop a new brochure which will encourage Bangor area visitors to come to the downtown/ waterfront area. Law Bn£preenant Services This will again be the major component of BCMC's 1994-95 work program. BCMC will fund the cost of supplemental law enforcement services for the downtown/waterfront area during the late spring/summer/early fall months and during the holiday season. Theseservices e in addition to the basic level of law enforcementserviceprovided within the City of Bangor. Based on past experience the cost of this service is projected to decrease by $2,000 to $20,000. Miscellaneous BCMC proposes a variety of other activities during the upcoming program year including; a. continuation of a strategic planning process for the downtown area, b. maintenance of available real estate information in the downtown Bangor area, C. monitoring of policy and legislative issues which impact Bangor Center, and d. continuing a new business welcome program. �:amertc�e•e3 1994-1995 BCMC BUDGET EXPENDITURES BUDGE Administration BUDGET REVENUER $2,000.00 Carty over $12,000.00 Development District Levy 43,000.00 Events/Miscellaneous 44.M.00 TOTAL $50700.00 EXPENDITURES BUDGE Administration Insurance $2,000.00 Public Notices 1700.00 Professional Services 1,OOO.W Postage IM.00 Telephone 1M.00 Miscellaneous 500.00 $5,450.00 Special Events Out of Pocket $7,W0.00 Events Coordinator Contract 10 W _0.00 $17,000.00 Beautification $5,000.00 Visitor lntormatlon/Brochures $3,000.00 Law Enforcement Services $20.000.W Miscellaneous $iW-0.00 TOTAL $52,450.W Projected Carry Forward $7850.00 BCMC—BUD W—Jun-94 W312 oLAtll b0 p303 94-284 BANGOR CENTER MANAGEMENT SERVICES CONTRACT AGREEMENT made and entered into the day of 1994, 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, State of Maine (herein termed the "CORPORATION'). WITNESSETH: WHEREAS, the CORPORATION has expertise and experience in the business of centralized management, marketing and promotional events involving the Bangor Center Development District; and WHEREAS, the CITY wishes to secure the services of the CORPORATION in connection with the CITY'S efforts to promote development of the Bangor Center Development District (herein termed "BODO"), asn multi -functional active, vital central business district; and WHEREAS, the CITY and the CORPORATION have agreed upon the terms, conditions and compensation under and pursuant 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, =BEFORE, in consideration of the foregoing recitals, and of the payments to be made hereunder by the CITY to the CORPORATION, and of the undertakings and performances to be made and performed hereunder by the CORPORATION, and for other valuable considerations, the CITY and the CORPORATION do hereby covenant and agree as follows: 1. SERVICES. The CORPORATION shall perform and render management, promotional, marketing, landscaping and supplemental law enforcement services to and for the benefit of the CITY during the period of this AGREEMENT, as an independent contractor with the CITY, and for the sole and exclusive use and benefit of the CITY, namely those services and activities described in the Bangor Center Mann nt C ration Program and as adopted by the Bangor City Council by its passage of Council Order 94 -- on June _, 1994 and incorporated herein as Addendum A. 94-284 2. INDEPENDENT CONTRACTOR. In the rendering of the services provided for above, the CORPORATION shall at all times act within the limitations of this AGREEMENT. It shall not hold itself out to be an agency or office of the CITY, and shall be at all times an independent contractor with the CITY. while it shall not be required to account for its staff's time on an hourly or daily basis, it is understood and agreed that the CORPORATION shall, during the term of this AGREEMENT, and any extension thereof, devote a majority of its staff's time to providing such services. Further, it is understood that the CORPORATION shall not undertake any additional consulting Or advisory services for any other client in any m conflict with the purposes and objectives of this AGREEMENT, or with the interests Of the CITY,xcept with the express prior written consent of the CITY. In the event the CORPORATION pursues other activities or enterprises not contemplated hereunder within the Bangor Center Development District, such activities or enterprises shall be authorized only if the CORPORATION first makes suitable arrangements with the CITY by separate AGREEMENT or by amendment to this AGREEMENT. 3. FEES. The CORPORATION shall be compensated for all services to be rendered hereunder on an annual basis of Forty -Three Thousand Dollars ($43,000.00) for theduration of this Agreement, to be paid in installments of I5%, Thirty -Two Thousand Two Hundred Fifty Dollars ($32,250.00), on July 1, 1994, and 25}, Ten Thousand Seven Hundred Fifty Dollars ($10,950.00) to be due January 1, 1995. It is understood that the CORPORATION shall be solely and exclusively responsible for all expenses incurred by it and its staff. It is further agreed that expenses which are not directly related to the services to be rendered hereunder, shall not be the responsibility of the CITY. 4. TERM. The term of this AGREEMENT shall commence on July 1, 1994 and shall expire on June 30, 1995. 5. OPTION. The execution of this Agreement shall not be deemed to constitute an option to continue this AGREEMENT beyond its expiration date. Any extensionocontinuation of this Agreement will be negotiable subject to r negotiation by either party. Any renewal of this Agreement by the CITY shall depend an the CITY OF nBANGOR'S approval of the performance of the CORPORATION'S work, the City Council's prior approval of an additional appropriation for such work. 6. TERMINATION BY CITY. This AGREEMENT may be terminated by the CITY, upon thirty (30) days advance written notice to the CORPORATION, in the event that: (a) The CORPORATION shall fail or refuse to perform the management, marketing and promotional provided for hereunder; provided, however, services ten such failure shall be declared by the CITY 94-284 hereunder without first giving the CORPORATION written notice of the specific details and grounds of any such alleged failure, and a reasonable opportunity to cure same, or (b) In the event the CORPORATION shall engage in any activitiesr business in conflict with the interests ofthe CITYa r ing out of the CORPORATION'S obligations and undertakings hereunder; or (c) In the event that the CORPORATION shall willfully disregard any express written instruction, authorization or prohibition given to it by the CITY, or shall be convicted of any crime. Notwithstanding 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 until 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. B. DELIVERY OF RECORDS. Upon the expiration of the term Or any extension thereof, or upon the termination of this AGREEMENT pursuant to either Paragraph 7 or 8 above, the CORPORATION shall deliver to the CITY all of its files and other data, excepting only personal correspondence files, relating to any projects with respect to which it shall have been involved hereunder, and shall not thereafter knowingly utilize any of such information or data in any manner contrary to the interests of the CITY. 9. ASSIGNMENT. This AGREEMENT has been made and entered into by and between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed that this AGREEMENT may not be -assigned to any third party without the prior expressed written consent of the CITY. 10. APPLICABLE LAN: CONTROL. This AGREEMENT has been made and entered into and shall be construed under the Laws of the State of Maine including the provisions of Chapter 207, Municipal Development Districts, Title 30-A M.R.S.A. 555251-5260. The CORPORATION may at all times conclusively reply upon the authority of the person from time to time designated as the City Manager with respect to all matters, instructions and authorizations required hereunder. 94-284 11. NOS. Notices to the CITY provided for in this AGREEMENT shall be sufficient if sent by registered o certified mail, return receipt requested, postage prepaid, to CitManager, City of Bangor, City Hall, 73 Harlow Street, Bangor, Maine 04401; and notices to the CORPORATION to be sent by registered o certified mail, return receipt requested, postage prepaid, to Bangor Center Management Corporation, c/o Community & Economic Development Dept. 73 Harlow St., Bangor, Maine 04401; or to such other respective addresses as the parties may designate to each other in writing from time to time. 12. �GES. The CITY may, from time to time, request changes in the scope of their services of the CORPORATION to be performed hereunder. Such changes, including any increase or decrease in theamount of the CORPORATION'S compensation, which are mutually agreed upon by and between the CITY and the CORPORATION, shall be incorporated in written amendments to this AGREEMENT. 13. ANTI -KICKBACK ROLES. Salaries of persons performing work under this AGREEMENT ehall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions a e permitted by law. The CORPORATION shall comply with all applicable "Anti -Kickback" laws and shalls ert appropriate provisions all subcontracts covering work under this AGREEMENT to ensure compliance by subcontractors with such laws. 14. EOUAL 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 actionto ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap or national origin. The CORPORATION will, in all solicitations or advertisements for employees state that all qualified applicants will receive sideration for employment without regard to race, color, religion, sex, age, handicap or national origin. 15. COMPLIANCE WITH LOCAL LAWS. The CORPORATION shall 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, o expend any funds provided by the CITY for activities not permitted under the provisions of Title 30-A M.R.S.A. 955251-5260. 94-284 16. SUBCONTRACTING. The CORPORATION shall be fully responsible to the 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 CITY. 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. INTEREST OF CORPORATION. The CORPORATION covenants that it presently has n interest and shall not acquire any interest, direct or indirect which would conflict in any manner r degree with the performance of its services hereunder. TheCORPORATION further covenants that in the performance of this AGREEMENT no person having any such interest shall be employed. 19. ACCESS TO RECORDS. The CITY, or any of its duly authorized representatives shall have access to any books, documents, papers, andcords of the CORPORATION which are directly pertinent to this 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 full and correct hooka and records showing in detail its income and expenses will permit the CITY and its representatives to examine said books and records and all supporting vouchers and data any time, and from time to time upon request by the CITY at the place in which such books and records are customarily kept; and CORPORATION hereby agrees to furnish to the CITY within sixty (60) days after the close of each fiscal year an audited financial statement of the operation of the CORPORATION reflecting income (including ses thereof) and expenses, such statement to be prepared bycertified or other competent accountant satisfactory to the CITY. 20. REPORTS. The CORPORATION shall prepare and deliver to the City Manager of the City of Bangor for distribution to the City Council of the City of Bangor, semi-annual reports describing the CORPORATION activities and progress in performing the services and activities described in the Han o rtion Program and Budget 1994-1995 as adopted by the Bangor City Council by its passage of Council Order 94- on June 1994 and incorporated herein as Addendum A. 94-384 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT at Bangor, Maine, on the day and year first above stated. Signed, Sealed and Delivered in the Presence of CITY OF BANGOR By: Edward A. Barrett Its City Manager BANGOR CENTER MANAGEMENT CORPORATION By: Witness James Timmins Its President Note 94-284 Administrativeservices specified in the proposed budget (Expenditures - Item 1.) shall be provided by the City of Bangor through its Community and Economic Development Department. The cost of administration shall be reimbursed to the City by Bangor Center Management Corporation upon the City's invoice for such coats. Administrative services shall be provided on a cost reimbursement basis, not to exceed $5,450.00. Law enforcement services specified in the proposed. budget (Expenditures - Item 5.) shall be provided by the City of Bangor Police Department, as described in the Work Program. Law enforcement services shall be provided on a cost reimbursement basis for City of Bangor overtime costs incurred beyond the normal cost of regular police patrol and law enforcement services in the Development District a charges for said overtime costs not to exceed $20,000.00 total for the 1994-95 budget year. v.=e•...v= ix, 7