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HomeMy WebLinkAbout1990-11-14 91-07 ORDERt tmii Action . Dab 11/16/90 ltam No. 91-7 IumlSubjemb Amended Bangor 2000 Contract FkamnfiEHOepettmont: community 6 Economic Development Ganmmemy: As the Council is aware, the Chamber has proposed several changes to the existing contract between the City of Bangor and the Greater Bangor Chamber of Commerce. The current contract is in effect until June 30, 1991. The changes, as proposed, reflect more clearly defined administrative responsibilities which are assigned to the Chamber including personnel issues. At the October 31, 1990 meeting of the Bangor 2000 Steering Co:mnittee. a majority of the Steering Committee members voted to recommend that the proposed changes not be approved. YanneatHmd %iB11aPr'p Canmenn: 5��" �n aa mnW.d-a�u`1M boa ACity Max`� ;_...oJr Amxiat lormaden.O,uQ„? Budget Ap"nan".10 Fmrnre UPI Apppeal: qtecav cgp m _ ❑Fun Sending ❑Aabrnl " Page — a!_ 91-1 AmiVed[ocmmolm Baldacci, November 14, 1990 AApp CITY OF BANGOR (TITLE.) (orber, Direcking.-thecity. manager..c ...axecute.-an.. amended._._ . con, tp [ egarding,_thp,_ppeiatioa .of_Bangpr...zooN. ....... _.. By tM City Couroil a/Gle Clly el8arpor. OEDE=, TWT the City Manager be directed to sign a contract with the Greater Bangor Chamber of Commercewhichreflects changes as proposed by the Chamber's Board of Directors. IN CITY COUNCIL November 14, 1990 Tabled - Consider next meeting. ITY CLERK IN CITY COUNCIL November 26, 1990 Indefinitely postponed CITY CLERK 91-7 ORDER Title, n;refttnB. ffie .QitX.&Ugget .t9.exennta .an Amended Contract Regarding the Operation ......... I ............... of Bevgm 000 nn TT U' Ae®pied to ...... ....... Councilman AGREEMENT 91-7 THIS AGREEMENT made this �_ day o£ � 1990, by and between the CITY OF BANGOR ("CITY"), a Maine municipal corporation having its principal place of business at 73 Harlow street, Bangor, Maine, and GREATER BANGOR CHAMBER OF COMMERCE ("CBAMBER^), a private AOn-profit corparation having its principal place of business at 519 Main street, Bangor, Maine, W I T N_ E,• g�E g WHEREAS, the CITY and the CBAMBRH wish to cooperate in the support, organization and management of "Bangor 1000", an organization devoted to promotion and development of the City of Bangor as an attractive, viable, desireable location for business, commerce, industry, tourism, and for individual living; and WHEREAS, a clear allocation and definition of responsibilities of the CITY and the CHAMBER, respectively, is deemed necessary to achieve this goal; NOW, THEREFORE, in consideration of the foregoing, it is mutually agreed as follows; The parties hereby recognize, as as affiliate organization of the Greater Bangor Chamber of Commerce, an organization known as "Bangor ]000.^ Said organization shall be eligible to receive funds and other assistance from the CITY and the CHAMBER, as more fully set out herein, upon amendment of its organizational bylaws to cents= with the following description of its organizational structure: A. Steering committee There shall be a Steering Committee, eonsiating of representatives appointed tram among the following bodies/ groups/businesses: Bangor city Council Greater Bangor chamber of Commerce Board Retail Merchants General Business Industry Arts/Historical Professional Canmunications Media Bass Park Taurizm/Hospitality Industry University of Maine Greater Bangor Inn- keepers Association Bangor Restaurant Basic. Legal community General Public Ex -officio I representative 1 representative 1 representative -at -large 1 representative -at -large 1 representative -at -large 1 representative -at -large 1 representative -at -large 3 representatives -at -large 1 representative 11 representatives -at -large 1 representative 1 representative 1 representative 1 representative -at -large ] representatives -at -large 5 representatives as follows: Mayor. City of Bangor City Manager, City of Bangor President. Bangor chamber of commerce Executive Director, Bangor Center management Corporation Director of Community S Economic Development City of Bangor At large -members shall be appointed by majority vote of the remaining steering Comni tree members. The Steering Committee shall set policy and shall control PC Mn the overall% oerotic= of "Bangor 2000.^ 74e Cha kP-sha/e C% / /iu, admin,rbnAve aperra/.n / -Acari aaoo. There shall be so Executive Director. who shall be responsible for the day-to-day operation of "Hangar 2DDD.^ Ca%IasdEzra�utriv{ene9� rector r of "Bangor 2,%/ shall be Luiwxflnhm.:'ruc✓6 Fs .yn�kd6✓ri"i3....�acBC:v vm �,i`f',ee o.,%//l uuld%a�,�+�n bc.;'vm...4d �¢y/a,7 The Personnel Committee M r/ far s rc shall consist of the Chair of the Bangor 2000 Steering Committee, Chamber President, and the City Manager of the City of Bangor. The Executive Director shall hire and manage other staff positions as required/ The Executive Director and staff will be employees of the Chamber of commerce. The Executive Director shall report directly to the Chamber ✓s president. The Eecsome}-&osmbttee shall conduct periodic evaluations of the Executive Director:,M 'ae ')ogn4e i yam n..-�Pe' r... -ndu cr } ./L r.� 3..CY K✓2 w, C. Greater Honour Cdnv0p�on and visitors Bureau The Greater Bangor Convention and visitors Bureau (CPB) shall continue to operate as a division of "Bangor 20o0." Any Peed-nr volunteer staff employed by the Convention and Visitors Bureau shall be under the direction of the Executive Director of "Bangor 2000." II. BANGOR 2000 - FON T / "Bangor 2000" shall have the general purpose of Promoting business, commerce, industry and tourism for and within the City of Bangor. In support of this role, "Bangor 2000", by its staff and Steering Committee, shall: 1. Actively market the City of Bangor as an attractive location for State and National conferences and conventions; 2. Develop a program to promote tourism within the City of Bangor and in the Greater Bangor area; 3. Develop an annual calendar of City events and festivals, promoting new events and minimising conflicts between existing activities; 4. Arrange package travel, lodging, and recreational/cultural attractions so as to promote tourism in the area; 5. Solicit and raise funds from public and private sources to support its activities; - 6. Sponsor new projects intended to promote the City and the region to existing and potential residents, businesses, and industry; and 7. Promote beautificationofthe City and its immediate environs On a continuing basis. The "Bangor 2000" steering Committee shall be responsible for development of an annual work program which will describe, in writing, the specific activities undertaken to advance the above -stated goals. In addition, the Steering Committee shall be responsible for developing an annual budget, as well as a private funding Strategy, including a Plan for solicitatien.of funds. The Steering Committee shall amend the by -lass of ^Bangor 2000^, subject to ratification by the CITY and CESSBER, to conform with the requirements for funding under the terms of this Agreement. The Steering Committee shall also submit written progress reports, not less than quarterly, detailing its activities and accomplishments, to the CITY and the CHAHBER. IYI. EMOPSIHILITi£S - CM QE HUGOR/BANG0 Cp In Support of the activities of "Bangor 20001, the CITY and the CRAEBER mutually agree to provide the fallowing funds, facilities, and/or services: - Z Provision of suitable housing at the Chamber offices including sufficient work space, office equipment, telephones, etc. to ensure the efficient operation of "Bangor 2900^ 3. Approval of the proposed annual work program 4. Approval of proposed annual budget C. Approval of private financing strategy for "Bangor 2000". ¢. Ratification of "Bangor 2000" by -lav amendments A. city of Banger 1. Provision of funding in an amount which supports.the son -MB functions of "Bangor 2000" and that share of the MR operations that fairly represents the organization's efforts to promote Bass Park 2. Approval of the proposed annual work program 3. Approval of the proposed annual budget 4. Approval of the private financing strategy for "Bangor 2000" S. Ratification of "Bangor 2000" by-law amendments Funding shall be provided by the CITY on an annual basis. in an amount to be appropriated by the city council. For the current budget year (1989-90), the amount provided by the CITY shall be Forty ($10,000.00) Dollars. Funding by the CITY for the Current and future years shall be contingent on the CHAMBER'S provision of in-kind support specified is this Agreement. For the current year (1990-91), the value of such support by the CHAMBER shall be not less than Sixteen Thousand Eight Hundred Siaty-three ($16,£63.00) Dollars. All "Hangar 2000" funds, whether contributed by the CITY, the CHAMBER, or raised from private sources, shall be held and managed by the Chamber Of Commerce as a separate enterprise fund. Funds shall not be mingled with Chamber Funds and shall be considered off -budget items. The Chamber shall pay all personnel costs which will then be repaid from the "Hangar 2000" fund. IV. TERM OF MREEMENT' NOTTCE This Agreement shall remain in force, unless sooner terminated by either party, until June 30, 1991. Either party may give written notice of its intent to terminate this Agreement at any time. Such notice shall be effective thirty (30) days from the date of receipt, provided that any such notice shall not relieve the CITY or the CHAMBER ofliability for any funds previously comma tied to and obligated by "Bangor 2000" pursuant to this Agreement. Any notices given under this Article shall be effective if mailed to: City of Bangor 73 Marlow Street Bangor, Maine 04401 Attention: Ren Gibb Chamber of Commerce 519 Main Street P. O. Box 1443 Bangor, Maine 04401 Attention: Elizabeth Bell A. Employee Status It is agreed that the "Bangor 2000" Executive Director and any Paid or volunteer staff shall be employees of the CHAMBER for all purposes, including workers' compensation, State and Federal income tax, pension, social security, health insurance and personal/professional liability. The CHAMBER agrees to make appropriate provision for these items. The CHAMBER further agrees to release, indemnify and hold harmless the CITY for any and all claims arising out of the direct operations of "Bangor 2000", whether made by employees, members of the general public, or otherwise. B. Authorit�to Execute Agreement The CITY and the CHAMBER, respectively, expressly represent that they have taken all steps necessary to assure the validity of this Agreement as executed by their undersigned officers. WITNESS our hands the day and year first written above. Witness: CITY OF BANGOR Manager GREATER RANCOR CRAMBER OF COMNERCE p fQtC(/ 8Y Alma beth Its President STATE OF MAINE PENOBSCOT, ss. 5� 3e . 1990 Then personally appeared the above-vamed EDWAND A. BARNETT, City Manager, and ackacwledged the foregoing instrument to he his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Publac Printed name: urc +s. ,-.. .. STATE OF MAINE PENOBSCOT, �t 33 , 1990 Then personally appeared the above-named Elisabeth Bell, President Of the Greater Bangor chamber of Commerce, and acknowledged the foregoing instrument to be her free act and deed in her said capacity, and the free act and deed of said corporation. Before me, Notary Public/'•• Printed Name: PRTRIMAT.CAMI ,1 N]tA9YR9rk,FzrL' firy W IpAytiV. GGIi:C ] F:.v u' I •S f �': BANGOR 2000 BY-LAWS VI ARTICLE I Name SECTION 1.1 The name of this Organization shall be BANGOR 2000. ARTICLE rI - Object SECTION 2.1 To create a new organization to be called BANGOR 2000 in the farm of an affiliate organization of the Greater Bangor Chamber of Commerce and a functional affiliation with major resource organizations and projects needed to initiate actions and fulfill goals and objectives in building the spirit and economic health of the community through the year 2000. SECTION 2.2 BANGOR 2000 shall have the general purpose of promoting business, commerce, industry and tourism for and within the City of Bangor. ra support of this role, BANGOR 2000, by its staff and Steering Committee, shall: 1. Actively market the City of. Bangor as an attractive location for State and National conferences and conventions; 2. Develop a program to promote tourism within the City of Bangor and in the Greater Bangor area; 3. Develop an annual calendar of City events and festivals, Promoting new events and minimizing conflicts between existing activities; 4. Arrange package travel, lodging, and recreational/cultural attractions so as to promote tourism in the area; 5. Solicit and raise funds from public and private sources to support its activities; 6. Sponsor new projects intended to promote the Cit'v and the region to existing and potential residents, businesses, and industry; and - _ - ]. Promote beautification of the City and its immediate environs on a continuing basis.. (1) ARTICLE III _ Members SECTION 3.1 The business and affairs of BANGOR 2000 shall be managed and vested in a 20 member Steering Committee whose '-duties will be to carry out the operating and development responsibilities. Further duties shall be to create standing subcommittees through which either operation, coordination, or new ventures and undertakings would be pursued. SECTION 3.2 Steering Committee representation will be as follows: Bangor City Council i representative Greater.➢ gor Chamber of Compeerce Board 1 representative Retail Merchants 1 representative -at -la e General Business 1 representative -at -large Industry. 1 representative -at -large Arts/Historical 1 representative -at -large Professional i representative -at -large, Communications Media 2 representatiVee-at-large Bass Park 1 representative Tourism/Hospitality 11 representatives -at -large g Industry University of Maine 1 representative Greater Bangor Inn- keepers Association 1 representative Bangor Restaurant Assoc. 1 representative Legal Community 1 representative -at -large General Public 2 representatives -at -large At large -members shall be appointed by majority vote of the remaining Steering Committee members. The Stearing Committee shall set policy and shall control the overall operation of BANGOR 2000. SECTION 3.3 Terms of the Steering Committee members shall be for one (1) year, with no limit on the number of terms a member can serve. SECTION 3.4 The following will be Ex -Officio members of the Steering Committee: Mayor, City Of Bangor City Manager, City of Bangor President, Greater Bangor Chamber of Commerce Executive Director, Bangor Center Management Corporation Director of Community & Economic Development, City of Bangor' Ex -Officio members are non-voting members of the Steering Committee. (2) SECTION 3.5 The executive staff Of BANGOR 2000 will be comprised of an Executive Director and assistant(s). This Position and necessary clerical staff will be required to work . independently; while reporting directly to the President of the Greater Bang Chamber of Commerce and periodically to the Greater Ba' or Chamber of Commerce Board of Directors. The BANGOR 200headquarters and staff will be located within the Greater Bangor Chamber of Commerce building located on Main street in Banger, Maine. The Executive Director of BANGOR 2000 shall be appointed by the Barsonae1-committee. The Personnel Committee shall consist of the Chairman of the Bangor 2000 Steering Committee, Greater Bangor Chamber of Commerce President, and the City Manager of the City of Bangor. The Executive Director Shall hire and manage other staff positions as required. The Executive Director and staff will be employees of the Greater Bangor Chamber of Commerce. The Executive Director shall report directly to the Greater Bangor Chamber of Commerce President. TheGmmmLtiae Personnel 8esdenr shall conduct Periodic evaluations of the Executive Direetorm%� bawd m yhes.- .�n lunh oris ih�Vvsmne( W-„n�-h--.U'1Y t KLt &y� 11 sakri nov”. ARTICLE IV - Attendance SECTION 4.1 It shall be encumbent upon all Steering Committee members to make every possible attempt toward attending all scheduled meetings. In the event attendance is found waning on the part of any Steering Committee member, it shall be the policy Of the Steering Committee to send a letter requesting the member's intention on continued steering Committee membership after three (3) consecutive unexcused absences. If the Steering Committee member in question continues to remain absent or does not respond, a letter will be sent dropping the member from the Steering Committee. Representative vacancies to the Steering Committee shall be filled by their respective constituencies. At-laras vacancies to the Steering Committee shall be filled on the recommendation of the Nominating Subcommittee and voted on by the Steering Committee, ARTICLE V - Meetings SECTION 5.1 Steering Committee members shall be expected to meet monthly; subcommittees as often as required. SECTION 5.2 Soecial meetings may be called by the Chairman, or upon written request of three members of the Steering Ccmmittee. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least three 13) days' notice shall be given. (3) SECTION 5.3 z Ten (10) members of the Steering Committee shall constitute quorum for the transaction of business at any given meeting. ARTICLE VI - Officers SECTION 6.1 The Steering Committee shall elect its own officers who shall consist of a Chairman, Vice Chairman, Secretary, and Treasurer. Secretarial services will be provided through the Executive Director. SECTION 6.2 The Chairman shall preside at all meetings of the Steering Committee at which he/she may be present. He/she shall have the general charge and supervision of the business of the Steering Committee. He/she shall have the right to vote on any and all matters placed before the Steering committee. SECTION 6.3 The Vice Chairman, at the request of the Chairman, or in his/her absence or during his/her inability to act, shall perform the duties and exercise the functions of the Chairman, and when So acting shall have the powers of the Chairman. The Vice Chairman shall have such other powers and perform such other duties as may be assigned to him/her by the Steering Conceittee or the Chairman. Should the Chairman's office be vacated, the Vice Chairman shall become Chairman for the remainder of the term. SECTION 6.4 It shall be the duty of the Secretary to attend all Steering Committee meetings and keep a correct record thereof. The Secretary will also perform other administrative duties on behalf or the Steering committee as deemed appropriate. SECTION 6.5 The Treasurer will have charge of, and be responsible and accountable for, reporting to the Steering Committee each month the financial status of BANGOR 2000. All funds shall be deposited in a BANGOR 2000 account with the Greater Bangor Chamber of Commerce. The Chairman, Treasurer, and Executive Director will have the authority to withdraw funds from the account. ARTICLE VII - Subcommittees SECTION 7.1 Subcommittees shall be appointed by the Chairman or as the Steering Committee from time to time shall deem necessary, to carry on the work of BANGOR 2000. The Chairman shall be an ex -officio member of all subcommittees except the Nominating subcommittee. SECTION 7.2 All subcommittees shall be given a charge and a definite limit for their existence, plus specified dates for reporting.. SECTION 7.3 Each standing subcommittee shall be comprised of at least five (5) people. The subcommittees will be expected to organize advisory committees and work groups that will mobilize people and other resources necessary to pursue a project. ARTICLE VIII _ Parliamentary Authority SECTION 8.1 The Bangor 2000 Committee shall be governed at all times by Roberts Rules of order, newly revised, with Precedence, however, given to these By -Laws. ARTICLE Ir - Amendment of B -Laws SBCTION 9.1 These By -Laws may be amended at any regular Steering Committee meeting by a two-thirds vote, provided that the amendment has been submitted in writing at the regular Previous meeting and approved by the Greater Bangor Chamber of CommerceBoard of Directors. - ARTICLE X - Transfer of Records and Property SECT20N 10.1 The officers, upon expiration of the term of their office, shall transfer all official records and property belonging to the Steering Committee then in their possession to their duly elected and qualified successors in office.