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HomeMy WebLinkAbout1994-04-25 94-206 ORDERDare WY11Y14-Z-94 Item No.94-206 Q o Accptvg State of tmuie I Lags Ganott at Airport hem/Sublen: Responsible Departmeb Airport Commentary: Ogle City's Airport Dira.Yot wise xsceritly aPP4oactesd by xepxeemtativea of the Oepei'Went of - .' anal Q'vesmity Octal poet, 9¢mu of 'l aamr with the offer of a $10,000 gent W praents internatiaat ioociats vlaita W the State Of Madre via Batxpr Airport. lfiess funds sere available m very all notice arca a Eecision Iasi to De vedes ha.w++reay as to our acceptances of Lisa grant. Since ties, fm nor r®ml lsocahrree was rot available, tie Airport Director, with of the City Moral event ahead ani accepted Lisa grant offer and sigeH the grant agessearearat on behalf of tie City of Ifengor. 'Ria attecled 0[rWi oculi supply ratify the acceptarce of trips grant agreaoent. lxp dime Manager's Comments: As reate 1, tie pshorbsaea of time required m expeo lced pmtwae. I sea ltl certainly ravnmM that the City council ratify bob Ziegelter's actgrxe. Ltity Mamgn Associated Infornvtion: Budget Approval: P' Dirt Legal Approval city Suliai,or Into aced For Passage eFirst Reading Pap _of_ 0 Referral 94-206 AedguedluCwnciler Shubert April 25, 1994 _ CITY OF BANGOR (TITLE.) (Orber 'OO8pm+4scute Of. taiga T `= t3reat at Airport. 4 the dW Gaavait of City ofRmor: ORDERED, TWT NIDBa.BB, the State of Maine, Departnent of ¢vmiic and Gmwrity Dava].cp mR, flarezu of Tourism offetetl the Ctty of Bangui a $10,000 granrt to la®ia intearpw l tourist vlatts to the State of Macre via eangor Airport On short nctic ; axi w�il5 these is re local funis xaluiretl; and W®ffA5 the Airport Divectat axept the grant offer aM signed on behalf of the City of Bary, NOW, BB TT � TNATe a grant in the amwaR a $10,000 F the ,abate Of Maher uaparm®K of � aM Canmmfty DaRlOpmalt, >aareat of Touriaa c tl out a local fume for the purpose of prmotirg :me..et:•..�et tourist visits to the state of p via Bangor lnternattaial Airport is hereby aoceprm, and M IT POINHOI OBOfl1®• TWkfz that the Airport Director's action in accepting aM sdgnfng the grant donmmrca is hereby ratified. 94-206 ORDER In City Conrail April 25, 1994 Title, Passed Accepting State of Maine Tourism .............. ity Cle c Giant At Airport �a �G... to 4 1......... Councilman FIRE I of STATE OF MAINE CONTRACTFOR SPECIAL SERVICE$ pO 15A 39 l 01-6000020 E 9,pe oY 010 IRA lOfi0 w 092 r LKCO e.a a Termination Dale December 31, 1998 Dale Received Mereh THIS AGREEMENT, made this 28th day of R8ach 19 94 is by and between the Sim of Main Impartment oovortT d -Community Deve opme SSF f6uris�crc,naper called "DepartmrnL' and Bangor International irpart hereinafter called "Contractor." The type of organization of the Contractor is (Complae appropriate statement): ❑ I. An individual doing business IT ❑ 2.'A partnership. I,QI 3. A corporation of the Stale of ❑ a. Omer: The principal office of the Contractor is located at (street. Sty, scale, zip): ] Goafrey: Actittlevard, eon or INS 04401 The Employer Identification Number of the Co mecorrs 01-6000020 IRS o, Serial Security Nefficker WITNESSETH, that for and in consideration of ERNOROTH and agreements hereinahermenti0ned, to be made and performed by the Department. the Contractor hereby agrees with the Department o furnish all qualified personnel. facilities, materials and .dataand in astication with the Department, to perform the services, study or projects described in Rider A. The following .mservices,re hereby incorporated into this contract by reference: ENCUM7E?tID Rider A — Specification of Work to be Performed C O W Rider Is — Payment and Other Provisions �� lC.t ct MA 3 1 799 IN WITNESS WHEREOF, the Department and the Contractor, by their re STATE CONTROLLER representatives d this agreement in three originals as of the day and year First above %i N eer .%s.." vdw'Vi Ks'� APPROVED AS TO FORM: - DEPARTMENT: Dam 19_ Econ min and Coamu�niitjy^, Development violate amlal A.memw be..,.,e Michael W. Aube, Commissioner ryrse web. me life APPROVED, CONTRACT REVIEW COMMITTEE: CONTRACTOR: Date ,Ji .19L� Ban or In/[e rne[ional Airport BY: / A cC //J Nos BY: n. ` - ^coemm en.._ Bob �1. j eer Airport Direct I Arm rvam. Ince Tm e BY 8meao ef Forman aM Conant BFS0 seen plea, 91091 TINTED FIELDS ARE REOUIREO ON MFASIS RIDER A Following the establishment of programs that Maine and New Brunswick can market. with theappropriatereceptive operators, the airport will produce in collaboration with Maine and New Brunswick Tourism Offices, marketing materials for promotion of travel packages. Travel materials will include! Tour. brochure for master tour operator publications; x Travel Agent training programs throughout the United Kingdom; • pressand advertising in trade and. consumer publications to promote program's; x ongoing liaison with Maine and New Branswick Tourism on future programs to be sold to specified tour operators. RIDER B PAYMENT AND OTHER PROVISIONS 1. PAYMENT OF COMPENSATION: It is understood and agreed by the parties hereto that any renewaltorfextension thereof, shall ion specified in be this agreement, or y contingent upon the availability and continued appropriation of state funds, and, if for any reason whatsoever, Usuch navailable, the Ste and appropriated funds shall be i otherwise unavailable, the State may terminate this Agreement, in whole or ipart immediately; provided, however, that upon such termination, n, the Grant Recipient shall be paid for services performed to the date of termination. on. - 2. BENEFITS AND DEDUCTIONS: The Grant Recipient understands and agrees that he is an Independent Grant Recipient for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation and sick leave, and similar benefits available to State employees will accrue as a direct result of this Grant. The Grant Recipient further understands that annual information returns as required by the Internal Revenue Code or State of Maine Income Tax Law will be filed by the State Controller with the Internal Revenue Service and with State of Maine Bureau of Taxation, copies of which returns will be furnished to the Grant Recipient for his Income Tax Records. 3. INDEPENDENT CAPACITY: The parties hereto agree that the grant Recipient, and any agents or employees of the Grant Recipient, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents Of the state. 6. DEPARTMENT'S REPRESENTATIVE: Nat Bowditch of the Office Of Tourism shall be the Department's representative during the period of this agreement. He has authority to stop work if necessary to insure its proper execution. He shall certify to the Department when payments under the agreement are due and the amounts to be paid. He shall make decisions on all claims of the Grant Recipient, subject to the approval of the head of the Department. S. SUBCONTRACTS: Unless provided for in this agreement, no agreement shall be made by the Grant Recipient with any other party furnishing any of the work or services herein agreed for without the consent, guidance, and approval of the Director of Administration. Any subcontract hereunder entered into subsequent to the execution of the agreement must be annotated "approved" by the Director of Administration before it is reimbursable hereunder. This provision will not be taken a requiring the approval of the contracts of employment between the Grant Recipient and his employees assigned for services thereunder. 6. SUBLETTING, ASSIGNMENT, OR TRANSFER: The Grant Recipient shall not sublet, sell, transfer, assign, or otherwise dispose of this agreement or any portion thereof, or of his right, title or interest therein, without written consent ent of the Director of Administration, except to a bank. Nosubcontracts or transfer of agreement shall in any case release the Grant Recipient of his liabilitywaderthis agreement. , 7. EQUAL EMPLOYMENT. OPPORTUNITY: During the performance of this agreement, the GrantRecipientagrees as follows: A. The Grant Recipient will not discriminate against any employee or applicant for employment relating to this agreement because of race, color, religious creed, sex, national origin, ancestry, age, or physical handicap, unless related to a bona fide occupational qualification. The Grant Recipient will take affirmative action to insure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers: recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Grant Recipient agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause. - e. The Grant Recipient will, in all solicitations or advertising for employees place by or on behalf of the Grant Recipient relating to this agreement, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age or physical handicap. C. The Grant Recipient will send to each labor union or representative of the workers with which he has a collective or bargaining agreement or understanding, whereby he is furnished with labor for the performance of this agreement, a notice, to be provided by the contracting department or agency, advising the said labor union workers' representative of the Grant Recipient's commitment under this section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment. D. The Grant Recipient will cause the foregoing provisions to be inserted in any subcontracts for any work covered by this agreement provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. The Grant Recipient, r any subcontractor holding a contract directly under the Grant Recipient, shall, to the maximum feasible, list all suitable employment openings with the Maine Employment Security Commission. This provision shall not apply to employment openings which the Grant Recipient proposes to fill from within its own organization. Listing of such openings with the Employment Security Division of the Maine Employment Security Commission shall involve only the normal obligations which attach to such listings. 8. EMPLOYMENT AND PERSONNEL: The Grant Recipient shall not engage on a full-time or other basis during the period of this agreement, any professional or technical personnel who are or have been at any time during the period of this agreement in the employ of the State Department or Agency, except regularly retired employees, without without written consent of the public employer of such person. Further, the Grant Recipient shall not engage on this project on a full-time, part-time, or other basis during the period of this agreement any retired employees of the Department who has not been retired for at least one year, without the written consent of the Director of the Office of Administration. 9. STATE EMPLOYEES NOT To BENEFIT: No individual employed by the State at the time this agreement is executed or any time thereafter shall be admitted to any share or part of this agreement or to any benefit that may raise therefrom directly or indirectly due to his employment by or financial interest in the Grant Recipient or of any affiliate of the Grant Recipient. This provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 10. WARRANTY: The Grant Recipient warrants that it has not employed or written any company or person, other than a bonafide employee working solely for that Recipient to solicit or secure this agreement, and that it has not paid, or agreed to pay any company or person, other than a bona fide employee working solely for the Grant Recipient any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this agreement. For breach or violation of this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 11. ACCESS TO RECORDS: The Grant Recipient shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to cost incurred under this agreement and to make such materials available at their offices at all reasonable times during the period of this agreement and for three (3) years from the state of the expiration of this agreement, for inspection by the Department or any authorized representative of the State of Maine and copies thereof shall be furnished, if requested. 13. TERMINATION: The performance of work under agreement may be terminated by the Department in whole, or, from time to time, in part whenever for any reason the Director for Administration shall determine that such termination is in the best interest of the Department. Any such termination shall be specifying the extent to which performance of the work under the agreement is terminated and the date on which such termination becomes effective. The Grant Recipient shall be equitably adjusted to compensate for such termination and theagreementmodified accordingly. In any event, this agreement shall terminate on - December 31, 1994. 13. GOVERNI.ENTAL REQUIREMENTS: The Grant Recipient warrants and represents that all governmental ordinances, laws and regulations shall be complied with. 14. INTERPRETATION AND PERPORMANCE: This agreement shall be governed by the laws of the State of Maine as to interpretation and performance. 15. STATE HELD HARMLESS: The Grant Recipient agrees to indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, materialsmen, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement against any liability including costs and expenses for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use of disposition or any data furnished under this agreement or based on any libelous or other unlawful matter contained in such data. 16. AUDIT PROVISION: If the Grant Recipient is a regional planning commission or is a subsidiary of or subject to a regional planning commission, that regional planning commission must certify that it will provide the results of any financial audits of its operations, including those of any subsidiary corporations, to any of its constituent municipalities, in accordance with the provisions of 30 MRSA Section 1997-A and 30-A MRSA Section 2325(3). 17. spONSORSMIP: All advertising, literature, collateral material and promotional material pertaining to this project will clearly state that .partial funding and/or sponsorship is provided by the "Maine Department of Economic and Community Development." 15. ENTIRE AGREEMENT: This agreement contains the entire agreement of the parties, and neither party shall be bound by any statement or representation not contained herein. RIMER u PAYhIflNT ANO OTliLlt YROV ISIONS 1, CONTRACTPRICB. $9,000 2. INVOICES AND PAYMENTS. Payment hall be made by Ne-Deutmv:IL within 15 day after r 'pt of an approved itemized invoice submitted by the Contractor upon his usual billing forms misinesm leHeshead. 3. BENEFITS AND DEDUCTIONS. 11 the Contractor iv an individual, the Contractor understands and agmen that he B an Independent Contractor for whom no Fences or State Income Tax will be deducted by Ne Department, and for whom no retirement benefits, survivor benefit inmmurc¢fou life insurance, %amatlon and sick leave, and similar benefits available to State ensployeea wal marine The Lonkartoe further finder. Ali that annual information returns as regubed by the Internal Revnnue Code or Slate or Mane Income Tax law will be Ned by the State Controuer with the Internal Revenue Service and the State of Alan. Bureau of 'Hiss copies of which will be Annished tC the Contractor for hu Income Tax records. 4. INDEPENDENT CAPACITY. The PAUCHOs hereto wanes that the Contractor, and any agents aW employees of the Contractor, H the performance of this agreement, shall act in an mtknmrdent capacity and not u officers or employees or agents of the Slate. S. CO TRA CLOT shag be TRATd R, All Invoices, progress reports, dnn cooresponee and related submissions from theNam ....+df m4 _ Titley .unit III,- offing of + reser_ ACI&Csz189 Stace 5tr8Lt Au¢as_e, ME., 04333 who is designsitcd as the Contract Administrator on behalf of the Department for Nu noneCCt B. DEPARTMENT'S REPRESENTATIVE. Me Contract Admin6tm[of Man be 60 DeputmenCa repomentulin during Lha permit of [itis afirCement. HC has authority he stop the. work if necessary to inane Be proper exw ec line. He shall Certify th the epartment when Paindrils under Hie contact are due and the amonrm to be 6id. He Mad make decisions on All claims of the Contractor, subject on Ne approval of the (lead of the apartment. 2 0IANOP.S IN THE IXORK. 9'he lkpartment mat nourrhangos in the svnrk, the contract Cum being adjusted N rade int wnting and CnInd by thtlContract Adts minbteto in before Axo. ecu4ng Me workcinvolvetl.Pairs cum mart V„ I9:RIODOEPERF01MANCIi. TTe Cnnlnclor rhall lChrek urn ax npplcsuLJ: _A. Work when called by the Department, B. U.e due diligence to complete the work within a reasonable rim.:. C. Complete the work n0 later than - _ - x D. Il Ne work Is not completed by December 31, 1994 ._ Contractor rh:,ll pay Department as follows 9. SUBCOMPACTS. Unca$ provided for in this ermtn:cL, no coub:mtAli ill be made by the C'onbaCtur wnh any Other Party for furnishing any of the work or service s'nerein contracted for without the consent, 8 idance and approval of the Contract Administrator. Any subcontract hereunder enter,d into subsequent to theexecution contract must be annotated "approved" by the Contract Administratus berure it Is re mbm'sable hese under. This provision will not be L kcn a maturing me approval of CemaCts of employment between the Contmemr and his employees aslgned for xcnicez thereunder. 10, SUBLETTING, ASSIGNMENT ON TRANSFER. The Contractor shall not sublet. Bull, transfer, avaiga, or otherwise dispose of this agreamm�l Or :my portion thereofor of his rich, Nile or mr:reat thanim, without writtebanter off Wequest goat that in any catten se cannot t ththe entract of his liability under a bank. No subcoaenss or agreetoa y under labs agreement. 11. EEgUAL EMPLOYMENT OPPORTUNITY. During the performance of his contract, the Contractor agece Is follows: a. The contractor will not disorimbule against any employ" or spplieaq for employment relating to this agreement because of race, color, religious creed, sex, national Onf'm,-mintry, age li Vhysiend hanxicapp, Nm ess related to a liana fide occupations] qualification, 1'he Collector will take of actio to [mute that entrants arc employed and employees am granted during, employment, without raged to their nee, color, religion, has, Ila or national oreo . Such action shall include but not he Radicalto the fullewim(: employment, operag, demotions, r tansfara; recruitment or recruitment advirt9fng: layoffs or termi'mitim; rates of pay or other forms of compensation;and selection t=metraining including appsnt ono. The noticestorO�fnt WlrIt in conspicuous agrees available to employees and upph" a s hh Promisor of era nnndiss elicitation Ghees. h. The Contractor will, In all solicitations or adver aning fur emplloycaq eLceu by or on behalf of the Co tn- cWr relating gr ng W this agreement ante that all qualified apfd t, II receive for employ" Mont without regard to race, color, religious lanced, me. vtmnul • d " orion,. pastry, age or Physical bernicap. c. The Contract= oft send W each labor union Or reprceentative of the rothers with which hehit ac,Um- live in bargaining agreement, or other contract or understanding, rherobC he is funclbed with labor f= the per[ Of thin contract, a catch to he pr tiled d by ,e contraction department anything she said labor union = worken'rcimmultaOvc of the C'ontroller's commitment under or section andlshallepatl "pies of the notice in a mpicuoun Places MilibeMe to employam and to applicants for d. The Contractormwill c se theforegoing puremmis w fin ",surtwl in any subcontracts for work terred y his agreement so tasuch provisions shall he binding upon each subcontractor, pr tl tthat he (angering provisions shall not apply to caatrnet& nn subcontracts fur aWdard commercial supppins or raw Materials. Thu LbntmoWr. =nn subcontrme= holding a sontrmt directly under the Contcutan shall, to the maximum femiblu, list a] suitable employment oponinga with We Maine Employment secu- rity Commisio, This; provision shall not apply to employment opomngs which the Contract=, or any uhconrmetor holding .1 col nel under the o tractor, proposes to 6': from within its own orp=,ization. Liatlng of such 0Gc p with the EmployY nt Server Division of the Maine Employment Security Cqm mission shall involve only the normal ohliSations which attach to souls Ratings. 12. EaIPLOYMSNT AND PERSONNEL. The Contractor shall not engage on full-time, psmiime or other anis during the pend of Nie agreement, any raressional or technical personnel oho ore or have been at any time daring the Pe od of this agreement M We emPlor r any State Dexrhe nnl on Agency aortal regularly retired emu cycle, without she wi tte I consent of the public employer f ss h ju.r . Fenhe., the Cor. Ictor shall not onlince On this moNcr on a fulltime, pamOme Or other banes during the period of this am melt Inv robbed employee of the Dilatations who has not bean retired for at least ant year, withOw the aThM convent of Ne Contract Review Committee. 13. STATE EMPLOYEES NOT TO BENE F'1"1'. No individual employed by Ow State as the time this conGmt is nccuted or My time thereafter shell be admitted to any music or put of contract or to any benefit that ay al therefrom directly or indirectly due to his o:np!oyment by or fLntrtmal interest in the Contncun or any affiliate of the Contractor. 9'hu pmvizion shall not be combined to exiend to this contact if made with a corporation for its general benefit. ld. WARRANTY. The Contractor warrants that it has not mapteyed or writom any company or person, other than a bo undue em loyee working solely far the Contractor to solicit o:' secure this agreement, and that n. has t paid, or agreed to pay any company or Enron, other than a bonafide employee working solely for the Lombactor any fee commission, percentage, brokerage fee, gifts, or any other consideration, contingent u ou resulting from the award for making this agreement P= broach or violation of finis warranty, the Depart. mend shall have the right to annul this agreement without liability or, in na descretion, to deduct Qom the contract price or consideration, or otherwise recover the full amount of such foe. miss e n, peenwgq brokerage fee, gifts, or contingent fee. nom 15, ACCESS TO RECORDS. The Contractor shall Mutt l NI hooka, dotvments, payroll&, papers, accou^Wg tecnil die n botherheir evidence tPertoiem toOmes incurred under this akmoment and to Mike such mat. note the date of the ex s b g period of lois a,!cement and t= three years from tative of the State of Mine of rs pies thereofor shallbe famished, by, ift q ca �d. or any authorized repnuen Maine and & tion by the 16. TERMINATION. The performance or work under the contract may be trrmmated by the Da artn:ent in Matlsuch [ermine! on Iime S ba Me beat interest of theoDe�tment to ycontract Administrator shall Jmll determine delivery W the Contactor of a Notice of Terminations y such he ext termination apart bo effected by he work under the contract is terminated and the data or testifying such termination become, effective of the contract shall be enuitably adjusted to compeb ate far such termination and the contract modcrut accord- ingly. In any event, mis contract shall terminate on December 31 19 14 .i. GOVERNMENTAL REQUIREMENTS. The Connector warrant ane represents Nat all govumuentM ordinances, laws and regulations shah he cm wiN. 16. INTERPRETATION AND pEiIPoRMANCE, This agrnrment dull be governed by the laws of the State of Maine as to interpretation and performance. 1:1, OIVNERSUIP. NI notebooks, plans, working repro. or Other work produced in the performance of this contract are the property of the Department and upon request shall be [gen, orae to the 0.rpmUneat 20. STATEHELD HARMLESS. The Contractor aM to indemnify, defend and Save hornless the State, in officer, agent and noir ogees hour any and all claim and losses accruing or resulting to any and all contrera con, subcontractim teaalmenlaborers and any other person, Arm or corporation furnishing Or supplying rk, services, materials or supplies m in nneetien with the perrormnnce of ret cpntac( and ham any and MI claim- and lossu acvuing or reaaltmQ¢ b any person, uum Or corporation who may be injured or dasmged by the Contractor of ro the perlp(mance of digs eonperaat and aaairmt may Rughty, including cost and expenses far reproduction, delivery, M dent, copyright, or night* of privacy, arcing ot of uMoaflen, translation, coproduction, other e o lceawfulma Iter use or ed in siting Of any data An fished under this contract w boxed on any libelous or oNer unlaw[W matter contained in such data. 21. APPROVAL, This contact us subject to the approval of the Maine Attorney General's Office, the Contract Review Committee and Ne Stale Controller before it can be considered as a valid, executable document. 2.2. ENTIRE AGREEMENT. This contract contams me entire egmPmonc of the. purNaa, and neither lamty shall W, brand by any statement or copmrantiAon not contained herein.