HomeMy WebLinkAbout1993-01-25 93-123 ORDERCOUNCIL ACTION
Date: 1/25/93 Itam No.: 93-123
Item/Subject:
Approval of a Memorandum of Understanding between the City of Bangor and the
9anA.im Corporation
Resoonsible Devartmentt CommanitV and Economic Development
Commentary:
The proposal to the Dept. of Defense for a Defense Finance and Accounting
Service facility included the provision that the BanAir Corporation, a
local non-profit development corporation, would message the facility on
behalf of the City. A preliminary agreement between BamAir and the City
must be forwarded to the Dept. of Defense before February 15, 1993, to
address the building management "contingency" in the proposal. Therefore
the enclosed 'Memorandum of Understanding- outlines, on a preliminary
basis, the responsibilities and duties agreed to by the BanAir Corporation
and the City.
The Board of Directors of the BanMr Corporation has reviewed and approved
the "Memorandum of Understanding" and understands that the agreement may be
amended and refined if Bangor Is selected as a DFAS site.
Staff rec®ends approval of the "NemoraM of d standing".
Depastment Head
Manager's Comments:
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Mgor. fz
City Mnnegex.(
Associated Information: CAjm, nyggm
Finance Director
Legal Approvalz
m
City Solicitor
Introduced For
a Passage
First Beading Page 1 of 1
Referral
RAM1A\aa' .+M (1/20931
AzipmdIs CqurcOor Sullivan January 25.1993
CITY OF BANGOR
(TITLL) (Drller�o authorize ana, direct the City Manager to executea
Memorandum of Understanding between the City of Bangor and the
Bantir Corporation.
By Bw City Cwam1 oft CRY ofBanpor.
TEAT the City Manager is hereby authorised and directed, on
behalf of the City of Bangor, to execute a Memorandum of
Understanding between the City of Bangor and the BBnAlr
Corporation.
93-123
O ROER
IN CITY COUNCIL Title,
danaury 25, 1993
Passed To Authorize and Direct the City Manager
Anc to Execute a Memorandum of Understanding
CITY LERK betveeq (he ,q(V. Of 8¢9g4L &Od. ¢RanAir Corporation
Assigned to
Councilmen
Agreement made this day of January, 1993, by and
between the CITY OF BANGDR (hereinafter sometimes referred to as
the "City"), a municipal corporation, and the BANGOR AIRPORT
CIVIC DEy6idlP W CORPORATION (hereinafter sometimes referred to
as "BenAir^), a non-profit local development corporation, both of
which are organized and existing under the laws of the State of
Maine and have their principal places of business in Bangor,
Penobscot County, Maine.
N I T N H S S H T H:
WHEREAS, the City is the owner of an airport commonly known
as "Bangor International Airport", formerly known as Dow Air
Force Base, located in the City of Bangor, County of Penobscot,
State of Maine (hereinafter sometimes referred to as the
"Airport"); and.
WHEREAS, BaM r is a non-profit local development
corporation established to assist and encourage the development
of projects at the Airport; and
WHEREAS, the City may construct on a 32 acre parcel at
Bangor International Airport, a facility to lease to the United
States of America, Department of Defense, Defense Finance And
Accounting Service (DFAS); and
WHEREAS, Banhir is engaged in the development and management
of real estate in said Bangor and has capabilities that would be
beneficial to the City in the construction and management of said
DFAS facility; and
WHEREAS, by a contract dated July 29, 1991, the City agreed
to engage the services of BaMir as sole agent for the marketing
and leasing of certain properties at Bangor International
Airport; and
NOW, THEREFORE, the parties do mutually agree as follows,
1. That should Bangor be selected as a site for a Defense
Finance and Accounting Service facility, the City would
employ BanAlr as sole agent for the management of the DFAS
facility providing services described herein, and as may be
amended by mutual agreement, beginning in June, 1995.
2. BanAir would use its beet efforts to manage the
buildings and real property located at the 32 Sere site
generally known as the Defense Finance and Accounting
Service Project Site (DFAS Site).
3. BanAJr would perform and' :render the following services
93-123
for the benefit of the City during the Continuation of this
Memorandum of Understanding;
a. To assist and advise, as requested by the City, in
the negotiations of a lease between the City of Manger
and the United States of America, Department of
Defense, Defense Finance and Accounting Service for
land and buildings on the DFAS Site.
b. To assist and advise, asrequested by the City, in
the selection, negotiations and supervision of design
professionals and construction firms.
c. To maintain, perform minor repairs, perform
preventive maintenance, clean and keep the DFAS Site,
including all interior and exterior portions of the
building, building fixtures, equipment, operating
systema, foundation, roof and structure, doors,
windows, passageways, interior and exterior surfaces,
parking areas, grounds and landscaping in goad order
and repair and in tenantable condition.
d. To provide all labor, supervision and training,
tools, equipment, and supplies to perform the above
listed maintenance, repair, and cleaning duties.
e. To modernise, perform major repairs, and replace
the parking a exterior surfaces, roof, exterior
and interior doors, windows, interior walls, floors and
ceilings, interior and exterior light fixtures,
mechanical systems, electrical systems, and furniture
and furnishings according to a schedule established in
the Lease Agreement.
f. To pay facility operating costs, within the limits
of the "Building Operating Allowance", including:
(1y All utilities furnished and consumed on the
DFAS Site, including
electricity, gas, fuel oil,
cosssunications, water and
sewer user fees.
(2) Security.
(3) All snow and rubbish removal.
g. To provide a comprehensive health and fitness
program utilizing the health and fitness facilities
within the DFAS facility, including an on-site
industrial nurse and dental hygienist to perform
medical and dental screening services, as described in
the Lease Agreement.
93-123
h. To provide a full service Employee Assistance
Program (EAP) for the first five years Of DFA$
operations in the City of Bangor to a maximum cost of
$250,000 as described in the Lease Agreement.
I. To provide child care for at least 160 children
from infancy to school age utilising the child care
center within the DFM facility as described in the
Lease Agreement.
J. To negotiate with the Greater Bangor Educational
and Training Compact and the Defense Finance and
Accounting Service for the training of DFM employees
as described in the Lease Agreement.
k. To negotiate and manage leases for designated space
within the DFAS facility for the operation of a
cmmmercial cafeteria, credit union, and travel agency.
9. Bankir will indemnify the City in respect to liability
and damages arising out of the performance of the property
management functions described above.
5. The City will pay to BanAir for its services an imnount,
to be negotiated, which will compensate for the complete
costs incurred by Bankir in the performance of the duties
described herein.
6. This Memorandum of Understanding nay be modified,
altered, or amended by written amendment executed by
authorized representatives of the parties.
7. This Memorandum of Understanding may be terminated by
the City and any obligations of Banhir would be assigned,
transferred, and assumed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year written above. -
CITY OF BANGOR
�1
(witness) Its City Manager
BANGOR AIRPORT CIVIC DEVELOPMENT
CORPORATION
By:
(witness) Scott T. Johnson
meq\ w� 123529 Its President