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.