HomeMy WebLinkAbout1992-02-10 92-109 ORDERCOUNCIL ACTION
Iran No. 92-109
Date February 5. 1992
Item/Subjectl License Agreement with UPS
Responsible Department: Community and economic Development
Within the last few months, UPS had approached the City regarding
three potential locations for letter dxopoff boxes within the public
right-of-way. Staff reviewed proposed locations relative to traffic
safety, etc., and recommended that two locations, Exchange Street near
Fleet Bank and State Street near the former Eastern Trust Building, be
approved.
The proposed license will be subject to annual renewal and the
license fee is proposed to be $150 per year per location. The
Municipal Operations Committee has recommended ap xoval of the
agreement.
partment Head
Manager'sComments: a"04
CSty Manager
Associated Informmtlon:
Budget
Approval:
Finance
Director
CttyCtty How
% Passage
_first Heading Page 1 of 9
Referral
93-109
Assigned to Cnun,ilor Sooty. Februecy 10, 1992
CITY OF BANGOR
(TITLE.) (@rbtr,.... Authorizing city Maneaer To Sign License _agreement with
United Parcel Service, Inc.
BY t1a CUY Ooun&U of iAe GUY of Bane:
ORDERED,
THAT WHEREAS, United Parcel Services (UPS) has
requested authorization to locate two letter collection boxes
within public rights-of-way on State and Exchange Streets; and
WHEREAS, the City of Bangor has reviewed said
locations and is agreeable;
THEREFORE, BE IT ORDERED THAT the City Manager is
hereby authorized to execute a license with UPS as described in
the agreement attached to this order.
Passed February 10,1992
USGC9. nwHp
FEB 12
A TRUF etoo . antu-
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United Parcel Service, Inc.
By f" City CounoU of Ow City of Bangor;
ORDERED,
THAT WHEREAS, United Parcel Services (UPS) has
requested authorization to locate two letter collection boxes
within public rights-of-way an State and Exchange Streets; and
WHEREAS, the City of Bangor has reviewed said
locations and to agreeable;
THEREFORE, BE IT ORDERED THAT the City managed is
hereby authorized toexecute a license with UPS as described in
the agreement attached to this Order_
Passed February 10,1992
TRY CBrs Otria
UHcCo, MAIM
FEB d 2
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92-I n9
nnlpmd la Coma
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Soucy, rebruary I0. 1992
CITY
OF
BANGOR
(TITLE,) Vraer,
Authorizing City Manager
To Sign.
License Agreement With
United Parcel Service, Inc.
By f" City CounoU of Ow City of Bangor;
ORDERED,
THAT WHEREAS, United Parcel Services (UPS) has
requested authorization to locate two letter collection boxes
within public rights-of-way an State and Exchange Streets; and
WHEREAS, the City of Bangor has reviewed said
locations and to agreeable;
THEREFORE, BE IT ORDERED THAT the City managed is
hereby authorized toexecute a license with UPS as described in
the agreement attached to this Order_
Passed February 10,1992
TRY CBrs Otria
UHcCo, MAIM
FEB d 2
A @I6 Cor . RIIET
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tlIy pFPY
92-109
Awiq,ed to Mnaw Soucy, February 102
1992
CITY OF BANGOR
(TITLE.) VGT]IBCr..... Anthoriz"S city. Maaaeer To Sign, License Agreement with ..
United Parcel
BY City Caaanit OfdW GYN Of Beazer:
ORDERED,
THAT WHEREAS, United Parcel Services (UPS) has
requested authorization to locate two letter collection boxes
within public rights-of-way on State and Exchange Streets; and
wEEREAS, the City of Bangor has reviewed said
locations and is agreeable;
THEREFORE, BE ET ORDERED THAT the City Manager is
hereby authorized toexecute a license with UPS as described in
the agreement attached to this Order.
IN CITY COUNCIL FEBRUARY 10.1992
PASSED
hC C4
CITY CLERI
92-109
ORDER
Title,
AUTHORIZING THE CITY MANAGER TO SIGN
.....................................
LICENSE AGREEMENTWITH UNITED PARCEL
SERVICE INC.
................/..d...................
A®iced to
Couneilman
a
%S
3
92-109
ORDER
Title,
AUTHORIZING THE CITY MANAGER TO SIGN
.....................................
LICENSE AGREEMENTWITH UNITED PARCEL
SERVICE INC.
................/..d...................
A®iced to
Couneilman
92-109
DRAFT #2 1/21/92
UPS LETTER CENTER LICENSE AGREEMENT
THIS AGREEMENT, dated this day of , 1992,
by and between UNITED PARCEL SERVICE, INC., a corporation organized
and existing under the laws of the State of and having
a principal place of business at
(hereinafter "UPS") and the CITY OF BANGOR, a municipal corporation
organized and existing under the laws of the State of Maine (here-
after "Bangor').
W I T N E S S 6.T H:
WHEREAS, UPS wishes to locate its Letter Center collection
boxes at several locations within the public rights-of-way in the
City of Bangor; and
WHEREAS, Bangor is agreeable to the proposed location of said
collection boxes,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. License Granted. Bangor hereby grants to UPS a license to
place and maintain, at its sole expense, UPS "Letter Center"
collection boxes at the following locations within the City of
Bangor.
a. Easterly side of Exchange Street opposite
Hancock Street
b. Northerly side of State Street between
Harlow and Hammond Streets, adjacent to
parking lot entrance
2. License Conditions. This License is granted upon the
following terms and conditions regarding the location of said
collection boxes, and subject to other terms and conditions set
forth in this Agreement:
a. No more than one "Letter Center" collection
box shall be placed at each location stated
above.
b. Said collection boxes may be placed within
the public right-of-way, but shall not be
placed or maintained so as to interfere with
vehicle or pedestrian travel within the
travelled portion of the right-of-way concerned,
including any road shoulder or City sidewalk.
C. Said collection boxes shall not be placed a
s to create a visual obstruction or traffic
hazard for vehicle traffic travelling on the
adjoining road.
-2-
d. Said collection boxes shall not be placed
or maintained so as to interfere with existing
U.S. mail or private collection boxes now -in
place at the same location.
e. Said collection boxes shall be maintained in
a safe and attractive condition, and kept free
from the accumulation of any trash, garbage
or other debris associated with their location
or use.
3. Term of License. This License shall be in force for a
one-year tern commencing on and shall be
subject to renewal, at Bangor's discretion, annually thereafter.
4. License Fee. For each year that this License shall remain
e
in force, including renewal terms, UPS shall pay to Bangor an
annual license fee of One Hundred Fifty Dollara ($150.00) per
collection box location. Said fee shall be due and payable to
Bangor in full thirty (30) days from the date of this Agreement,
and annually thereafter, within thirty (30) days from the date of
renewal.
5. Termination. Bangor may terminate this License at any
time, upon written notice to UPS, whenever Bangor shall require the
collection box locations provided herein for other public uses. In
such event, the annual license fee provided in Paragraph 4 above
shall be pro -rated as of the termination date. Termination under
this clause may be as to a single location or locations only.
Bangor may also terminate this License upon written notice to
UPS, if UPS shall fail to perform or observe any of the license
conditions provided in this Agreement, including provisions
relating to provision of insurance and payment of an annual license
fee, and provided that said failure to perform or observe such
conditions shall remain uncorrected after seven (J) days actual or
written notice to UPS. In such event, license fees paid by UPS
shall not be pro -rated.
6. Code Enforcement officer May Supervise Location of Boxes.
Bangor, through its Dixector of Code Enforcement, may supervise the
initial location of collection boxes by UPS under this Agreement.
During the term of this Agreement, including any renewal terms,
Bangor's Director of Code Enforcement may also direct UPS to
reposition or re -locate its collection boxes to conform with any
City zoning ordinance, building code, or other statutory or
ordinance requirement, or as necessary to assure safe and
convenient public passage along any adjoining road, way or
sidewalk.
]. UPS to Indemnify City and to Maintain Insurance. As a
condition of this Agreement, UPS hereby agrees that it shall
indemnify, defend and hold Bangor harmless against any and all loss
or damage suffered by any person, and against any and all claims
arising from such loss or damage, arising out of the location,
installation or
use
of UPS collection boxes at the locations
provided in this Agreement. In addition, at all times during the
term of this Agreement, including any renewal term, UPS shall, at
its sole expense, maintain in force general public liability
insurance with coverage limits of not leas than $300,000/person and
$300,000/accident covering claims arising out of the installation
and use of collection boxes located in acordance with this
Agreement. Such insurance shall name the City of Bangor as an
additional insured. UPS shall furnish evidence of such insurance
to Bangor upon execution of this Agreement and upon each annual
renewal thereof.
S. Mailing Address for Notices. Notices provided for in this
Agreement are sufficient if mailed to:
WITNESS the following signatures the day and year first
written above.
CITY OF BANGOR UNITED PARCEL SERVICE, INC.
By _
Title
BY _
Title
BPS LETTER CENTER LICENSE AGREEMENT
THIS AGREEMENT, dated this 11th day of February, 1992, by and
between UNITED PARCEL SERVICE, INC., a corporation organized and
fisting under the laws of the State of New York and having a
principal place of business at Greenwich office Park 5, Greenwich,
Connecticut (hereinafter "BPS') and the CITY OF BANGOR, a municipal
corporation organized and existing under the laws of the State of
Maine (hereinafter "Bangor").
W I T N E SS £ T H:
WHEREAS, BPS wishes to locate its Letter Center Collection
boxes at several locations within the public rights -c£ -way in the
City of Bangor; and
WHEREAS, Bangor is agreeable to the proposed location of said
collection boxes,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. License Granted. Bangor hereby grants to UPS a license to
place and maintain, at its sole expense, OPS 'Letter Center"
collection boxes at the following locations within the City of
Bangor:
a. Easterly side of Exchange Street opposite
Hancock Street
b. Northerly side of State Street between
Harlow and Hammond Streets, adjacent to
parking lot entrance
2. License. Conditions. This License is granted upon the
following terms and conditions regarding the location of said
collection boxes, and subject to other terms and conditions set
forth in this Agreement:
a. No more than one 'Letter Center' collection
box shall be placed at each location stated
above.
b. Said collection boxes may be placed within
the public right-of-way, but shall not be
placed or maintained so as to interfere with
vehicle or pedestrian travel within the
travelled portion of the right-of-way concerned,
including any road shoulder or City sidewalk.
C. Said collection boxes shall not be placed so
as to create a visual obstruction or traffic
hazard for vehicle traffic travelling on the
adjoining road.
-2-
d. Said collection boxes shall not be, placed
or maintained so as to interfere with existing
U.S. mail or private collection boxes now in
place at the same location.
e. Said collection boxes shall be maintained in
a safe and attractive condition, and kept free
from the accumulation of any trash, garbage
or other debris associated with their location
or use.
3. Term of License. This License shall be in force for a
one-year term c ncing on February 11, 1992and shall be
subject to renewal, at Bangor's discretion, annually thereafter.
4. License Pee. For each year that this License shall remain
in force, including renewal terms, UPS shall pay to Bangor a
annual license fee of One Hundred Fifty Dollars ($150.00) per
collection box location. Said fee shall be due and payable to
Bangor in full thirty (30) days from the date of this Agreement,
and annually thereafter, within thirty (30) days from the date of
renewal.
5. Termination.Bangor may terminate this License at any
time, upon written notice to UPS, whenever Bangor shall require the
collection box locations provided herein for other public uses. In
such event, the annual
ual license fee provided in Paragraph 4 above
shall be pro -rated of the termination date. Termination under
this clause may be as to a single location or locations only.
Bangor may also .terminate this License upon written notice to
UPS, if UPS shall fail to perform or observe any of the license
conditions provided in this Agreement, including provisions
relating to provision of insurance and payment of an annual license
fee, and provided that said failure to perform or observe .such
conditions shall remain uncorrected after seven (7) days actual or
written notice to UPS. In such event, license fees paid by UPS
shall not be pro -rated.
6. Code Enforcement Officer May Supervise Location of Boxes.
Bangor, through its Director of Code Enforcement, may supervise the
initial location of collection boxes by UPS under this Agreement.
During the term of this Agreement, including any renewal terms,
Bangor's Director of Code Enforcement may also direct UPS to
reposition or re -locate its collection boxes to conform with any
City zoning ordinance, building code, or other statutory or
ordinance requirement, or as necessary to assure safe and
convenient public passage along any adjoining road, way or
sidewalk.
J. UPS to Indemnify City and to Maintain Insurance. As a
condition of this Agreement, UPS hereby agrees that it shall
indemnify, defend and hold Bangor harmless against any and all loss
or damage suffered by any person, and against any and all claims
-3-
arising from such loss or damage, arising out of the location,
installation or use of UPS collection boxes at the locations
provided in this Agreement. in addition, at all times during the
term of this Agreement, including any renewal term, UPS shall, at .
its sole expense, maintain in force general public liability
insurance with coverage limits of not less than $300,000/person and
$300,000/accident covering claims arising out of the installation
and use of collection boxes located in acordance with this
Agreement. .Such insurance shall name the City of Bangor as an
additional Insured. UPS shall furnish evidence of such insurance
to Bangor upon execution of. this Agreement and upon each annual
renewal thereof.
S. Mailina Address for Notices. Notices provided for in this
Agreement are sufficient if mailed to:
"BANGOR": Kenneth R. Gibb, Director, Community 6 Economic Development
Department, City of Bangor, 73 Harlow Street, Bangor,
ME 04401
"UPS": Ronald A. JOlicoeur, Letter Center Coordinator, United
Parcel Service, 3 Technology Park, Londonderry,
NH 03053
WITNESS the following signatures the day and year first
written above.
CITY OF BANGOR UNITED PARCEL SERVICE, INC.
Q/ �O �R By
Title City Manager
STATE OF MAINE
Penobscot, ss. -February 11, 1992
Then personally appeared the above-named EDWARD -A. BARRETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me, / ry
Notary Name..
Attor-peak aw-
printed Name: _,. ...
NO,:
-_ ix/zs/9s
MEMORARDun RECEHNEDFEB 131993 g�
q1, 1`!
February 12, 1992
TO: Ken Gibb, Dir., Comm fi Eco Development
FROM: Terri Carey, Legal Department
RE: UPS License Agreement
Enclosed for your file please find a copy of the executed
Licensed Agreement between the City and UPS for the location of
letter collection boxes on State and Exchange Streets in the City.
Also enclosed please find copies of various correspondence that has
been distributed on the matter.
Finally, enclosed please find UPS's check in the amount of
$300.00 which constitutes the annual rent under the License for
both collection boxes. Would you please take action to apply this
to the appropriate account? Thanks.
to
Encs
@®CZIVEDFEB 13102
MEMORANDUM
February 12, 1992
TO: Russ McKenna, City Clerk
FROM: Terri Corey, Legal Department
Pursuant to Council Order i92-109 passed by the Bangor City
Council, enclosed please find a copy of a UPS Letter Center License
Agreement, dated February 11, 1992, which has been signed by both a
representative of UPS and the City Manager. Also enclosed please
find copies of the Certificates of Insurance issued by Liberty
Mutual, as required under the terms of the License Agreement.
Would you please file this License in your permanent
records on UPS? Thank you.
IN
Enclosures
pcv Ren Gibb
MBMORAMBllM
February 12, 1992
TO: Russ McKenna, City Clerk
FROM: Terri Corey, Legal Department
Pursuant to Council Order R92-109 Passed by the Bangor City
Council, enclosed please find a copy of a UPS Letter Center License
Agreement, dated February 11, 1992, which has been signed by both a
representative of UPS and the City Manager. Also enclosed please
find copies of the Certificates of Insurance issued by Liberty
Mutual, as required under the terms of the License Agreement.
Would you please file this License in your permanent
records on UPS? Thank you.
Enclosures
pc: Ken Gibb
BECEIVEDFFB 1 31992
UPS LETTER CENTER LICENSE AGREEMENT
THIS AGREEMENT, dated this 11th day of Februarv, 1992, by and
between UNITED PARCEL SERVICE, INC., acorporation organized and
fisting under the laws of the State of Now York and having a
principal place of business at Greenwich Office Park 5, Greenwich,
Connecticut (hereinafter "UPS-) and the CITY OF BANGOR, a municipal
corporation organized and existing under the laws of the State of
Maine (hereinafter "Bangor").
W I T N E S S E T U:
WHEREAS, UPS wishes to locate its Letter Center collection
boxes at several locations within the public rights -o£ -way in the
City of Bangor; and
WHEREAS, Bangor is agreeable to the proposed location of said
collection boxes,
NOW, THEREFORE, the parties hereto matually agree as follows:
1. License Granted. Bangor hereby grants to UPS a license to
place and maintain at its sole expense, UPS "Letter Center"
collection boxes at the following locations within the City of
Bangor:
a. Easterly side of exchange Street opposite
Hancock Street
b. Northerly side of State Street between
Harlow and Hammond Streets, adjacent to
Parking lot entrance
2. License Conditions. This License is granted upon the
following terms and conditions regarding the location of said
collection boxes, and subject to other terms and conditions set
forth in this Agreement:
a. No more than one "Letter Center" collection
box shall be placed at each location stated
above.
b. Said collection boxes may be placed within
the public right-of-way, but shall not be
placed or maintained so as to interfere with
vehicle or pedestrian travel within the
travelled portion of the .right-of-way concerned,
including anyroad shoulder or City sidewalk.
C. Said collection boxes shall not be placed so
s to create a visual obstruction or traffic
hazard for vehicle traffic travelling on the
adjoining road.
-2-
d. Said collection boxes shall not be placed
or maintained so as to interfere with existing
U.S. mail or private collection boxes now in
place at the same location.
e. Said collection boxes shall be maintained in
safe and attractive condition, and kept free
from the accumulation of any truant garbage
or other debris associated with their location
or use.
3. Term of License. This License shall be in force for a
one-year term commencing on February 11, 1992 , and shall be
subject to renewal, at Bangor's discretion, annually thereafter.
4. License Fee. For each year that this License shall remain
in force, including renewal terms, UPS shall pay to Bangor an
annual license fee of One hundred Fifty Dollars ($150.00) per
collection box location. Said fee shall be due and .payable to
Bangor in full thirty (30) days from the date of this Agreement,.
and annually thereafter, within thirty (30) days from the date of
renewal.
S. Termination. Bangor may terminate this License at any
time, upon written notice to UPS, whenever Bangor shall require the
collection box locations provided herein for other public uses. In
such event, the annual license fee provided in Paragraph 4 above
shall be pro -rated as of the termination date. Termination under
this clause may be as to a single location or locations Only.
Bangor may also terminate this License upon written notice to
UPS, if UPS shall fail to perform or observe any of the license
conditions provided in this Agreement, including provisions
relating to provision of insurance
and payment of a annual license
fee, and provided that said failure to perform or observe such
conditions shall remain uncorrected after seven.(]) days actual or
written notice to UPS. In such event, license fees.paid by UPS
shall not be pro -rated.
6. Code Enforcement Officer Mev Supervise Location of Boxes.
Bangor, through its Director of Cade Enforcement, may supervise the
initial location of collectionboxes by UPS under this Agreement.
During the term of this Agreement, including any renewal terms,
Bangor's Director of Code Enforcement may also direct UPS to
reposition or re -locate its collection boxes to conform with any
City zoning ordinance, building code, or other statutory or
ordinance requirement, or as necessary to assure safe and
convenient public Passage along any adjoining road, way or
sidewalk.
). UPS to Indemnify City and to Maintain Insurance. As a
condition of this Agreement, UPS hereby agrees that It shall
indemnify, defend and hold Bangor harmless against any and all loss
or damage suffered by any person, and against any and all claims
L
-3-
arising from such loss or damage, arising out of the location,
installation or use of UPS collection boxes at the locations
provided in this Agreement. In addition, at all times during the
term of this Agreement, including any renewal term, UPS shall, at
its sole expense, maintain in force general public liability
insurance with coverage limits of not less than $300,000/person and
$300,000/accident covering claims arising out of the installation
and use of collection boxes located in accordance with this
Agreement. Such insurance shall name the City of Bangor as an
additional insured. UPS shall furnish evidence of such insurance
to Bangor, upon execution of this Agreement and upon each annual
renewal thereof.
8. Nailing Address for Notices Notices provided for in this
Agreement are sufficient if mailed to:
"BANGOR": Kenneth R. Gibb, Director, Community 5 Economic Development
Department, City of Bangor, 73 Harlow Street, Bangor,
ME 04401
"UPS": Ronald A. Jolicoeur, Letter Center Coordinator, United
Parcel Service, 3 Technology Park, Londonderry,
NH 03053
WITNESS the following signatures the day and year first
written above.
CITY OF BANGOR UNITED PARCEL SERVICE, INC.
By t-CWQ?4; By
Title City Manager
STATE OF MAINE
Penobscot, as. February 11, 1992
Then personally appeared the above-named EDWARD -A. BARNETT,
City Manager, and acknowledged the foregoing instrument to be his
free act and deed in his said capacity, and the free act and deed
of said body corporate.
Before me, ry�y
�iSA I'.ol awl
Notary Pu eCiAtT - -
Printed Name:
.. ix/z119b
RECEIVEDFEB 131992
CITY OF
CAW M, MAIM3 04WO1
MAINE
LEGAL DEPARTMENT TEL, 20TIML440)
Erik M. Stumpkl, Anin9 City Solicitor FAX amm6w5
February 12, 1992
Ronald A. Solicoeur
Letter Center Coordinator
United Parcel Service
3 Technology Park
Londonderry, NH 03053
Re: Letter Centers - City of Rancor (Maine)
Dear Mr. Jolicoeur: -
By virtue of Council Order #92-109 passed by the Bangor City
Council on February lot 1992, the City Manager was authorised to
execute a License Agreement with your Company for the location of
two letter collection boxes in the City of Bangor. Enclosedplease
find an attested .copy of the Council Order. Also enclosed please
find the License Agreement which has been executed by the City
Manager. T have forwarded your check in the amount of $300,00 to
the Department of Community & Economic Development for processing.
I trust this completes the matter. However, if you have any
further questions, please do not hesitate to call either me or Ken
Gibb.
Sincerely,
&46M
Erik M. Stumpfel
Acting City Solicitor
EMS/tc
Enclosures
PC: Ken Gibb, Director, Community ✓
& Economic Development Department
Certificate ACTIVE aL-
of Insurance - - - CI FACT AN FAILACEFFICAN1
a SET CATIFICATI ASCII I
rl A.10115 .01 Oa.0 nao OF ITT' 1.1 COAT I"' VII m ACTIONS nSrOanyl
THE is to Cel that
F Name and LIBERTY
UNITED PARCEL SERVICE, INC. address of
CREENNICH OFFICE PARR 5 Insored. MUTUAL.
GREENWICH, CONNECTICUT 06831
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30 OATS HOME OF SUCH TEMUNATpN OR REO MN HILTS BEEN
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REDUCE THE MWIANCE AFMME0 UNDER THE ABOVE FORCES UNLESS
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30 DAYS NOTICE OF SUCH TERWNMION OR REOUCRON HAS MEN
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30 DAYS NOTICE OF SUCH TERWNMION OR REOUCRON HAS MEN
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30 DAYS NOTICE OR EVEN LEWNATN OR REWCEION HAS MEN
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73 Marlow St.
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