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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: o.�¢wydD. �y 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