HomeMy WebLinkAbout1990-08-27 90-309 ORDERCouncil Action
Date 8/22/90 Item No. 90-309
Item/Sub/wt: Order authorizing City Manager to execute contract with
Greater Bangor Chamber of Commerce relating to Bangor 2000
flnponalWe Department: Community 6 Economic Development
Commentary:
During the budget process, the City Council authorized the
continued funding of Bangor 2000. The contract between the
Chamber of Commerce and Bangor 2000 needs to be renewed prior
to release Of City funds. The Community and Economic Develop-
ment Committee unanimously recommended approval of the contract
renewal with no substantial changes.
Be
Manager's Commenu:
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Budget Approval:
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Legal Apprpeal:
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90-309
AreigiW to Cani lw Sullivan, August 313 1990
CITY OF BANGOR
(TITLE.) (®Tb¢T _Auth ,zing the E cution of a Contract with the
OpeBangor Chamber of Commerce relating to the
Operatirati on of Bangor 2000
By the City CousaA of Oily ofsasyar: .. ..
ORDERED,
THAT the City Manager is hereby authorized to execute a
contract between the City of Bangor and the Greater Bangor
Chamber of Commerce such aontract to generally conform to
the attached draft contract•
BE IT FURTHER ORDERED THAT the contract be approved in form
by the City Solicitior prior to being executed by the City
Manager.
�r f5
jjjff}jyyy 90-309
- -IN CITY COUNCIL rJ 0 NDE H
Auguac 27, 19905 Title,
Passed
Autnorizmg the Execution of a Contract
.............t.........
CIS with the Greater Bangor Chamber pf
.G9wgecce ng3Mtg9 AN Ahe ARe;UL n.99 g
Auignd to
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Covneflsen
2000
AGREEMENT 90-309
THIS AGREEMENT made this _ day of September, -,1998 by and
between the CITY OF EANGOR ('CITY'), a Maine municipal corporation
having its principal place of business at 73 Marlow Street, Bangor,
Maine, and GREATER BANGOR CHAMBER OF COMMERCE ('CHAMBER'), a private
non-profit corporation having its principal place of business at 519
Main Street, Bangor, Maine,
, W ITN E 8 5 8 T H,
A
WMEREAS, the CITY and the CHAMBER wish to cooperate in the
support, organization and management of "Bangor 2000'1 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:
I. BANGOR 2000 - ORGANIZATION
The parties hereby recognize, as an affiliate organization of
the Greater Bangor Chamber of Commerce, an organization known as
-Bangor 2000.' Said organization shall be eligible to receive funds
and other assistance from the CITY and the CHAMBER, as moxa fully set
out herein,. upon amendment of its organizational bylaws to conform with
the followi ascription of ita organizational structure:
i
A. Steering Committee
There shall be a Steering Committee, consisting of
representatives appointed from among the following bodies/
groups/businesses:
Bangor City Council
Greater Bangor Chamber
of Commerce Board
Retail Merchants
General Business
Industry
Arts/Historical
Professional
Communications Media
Base Park
Tourism/Hospitality
Induatr
University of Maine
Greater Bangor Inn-
keepers Association
Bangor Restaurant Assoc.
Legal Community
General Public
Rx -officio
1 representative
1 representative
1 representative -at -large
1 representative -at -large
1 representative -at -large
1 representative -at -large
1 representative -at -large
2 representatives -at -large
1 representative
11 representatives -at -large
1 representative
1 representative
1 representative
1 representative -at -large
2 representatives -at -large
5 representatives an
follows:
Mayor, -City of Bangor
City Manager, City of Bangor
President, Bangor Chamber of Commerce
Executive Director, Bangor Center Management
Corporation
Director of Community '& Economic Development
City of Bangor
At large -members shall be appointed by majority vote of
the remaining Steering Committee members.
lie
The Steering Committee shall set policy and shall control
the overall operations of 'Bangor 2000.'
B. Executive Director/Personnel
There shall be an Executive Director, who shall be
responsible for the day-to-day operation of "Bangor 2000.•
The Executive Director of "Bangor 2000" shall be
appointed by the Personnel Committee. The Personnel Committee
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
President. The Personnel Committee shall conduct periodic
evaluations of the Executive Director.
C. Greater Bangor Convention -a Visitors Bureau
The Greater Bangor Convention and Visitors Bureau (CVB)
shall continue to operate as a division of "Bangor 2000.' Any
Any paid or volunteer staff employed by the Convention and
Visitors Bureau shall be under the direction of the Executive
Director of -Bangor 2000.-
11. BANGOR 2000 - PBNCTIONS/RESPONSIBILITIES
"Bangor 2000" shall have the general purpose of promoting
business, commerce, industry and tourism for and within the City of
Bangor. In suppbrt of this role, "Bangor 2000", by its staff and
Steering Comoee, 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
City and the region to existing and potential
residents, businesses, and industry; and
7. Promote beautification of the 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 solicitation of funds.
The Steering Committee shall amend the by-laws of "Bangor
2000", subject to ratification by the CITY and CHAMBER, to conform with
the requirements for funding under the terms of this Agreement.
The Steering Committee shall also submit written progress
reports, not lees than quarterly, detailing its activities and
accomplishments, to the CITY and the CHAMBER.
III. RESPONSIBILITIES - CITY OF BANGOR/BANGOR CHAMBER OF COMMERCE
In support of the activities of "Bangor 2000"_ the CITY and the
CHAMBER mutually agree to provide the following funds, facilities,
and/or services:
A. Goa—ter Bangor Chamber of Commerce
1. Provision of suitable housing at the Chamber offices
including sufficient work space, office equipment, telephones,
etc. to ensure the efficient operation of "Bangor 2000^
2. Approval of the proposed annual work program
3. Approval of proposed annual budget
4. Approval of private financing strategy for
'Bangor 2000'
"
B. City of Bangor
1. Provision of funding in an amount which supports the
non-CVB functions of 'Bangor 2000" and that share of the
CVB 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.Apprnval of the private financing strategy for
'Bangor 2000-
5. 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
S.
Ratification
of
'Bangor
2000"
by-law
amendments
B. City of Bangor
1. Provision of funding in an amount which supports the
non-CVB functions of 'Bangor 2000" and that share of the
CVB 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.Apprnval of the private financing strategy for
'Bangor 2000-
5. 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 Thousand
($40,000.00) Dollars.
Funding by the CITY for the current and future years shall be
contingent on the CHA.MBERIS provision of in-kind support specified in
this Agreement. For the current year (1989-90), the value of such
support by the CHAMBER shall be not lees than Sixteen Thousand Eight
Hundred Sixty-three ($16,863.00) Dollars.
All "Bangor 2000" funds, whether contributed by the CITY, the
CHAMBER, or raised from private sources, shall be held and managed by
the Chamber oO.Mommarce 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 "Bangor 2000" fund.
IV. TERM OF AGREEMENT, NOTICE
This Agreement shall remain in fofca, unless sooner terminated by
either party, until Juhe_30;.'1�991:,'." -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
of liability for any funds previously committed to and obligated by
'Bangor 2000• pursuant to this Agreement. -
Any notices given under this Article shall be effective if
mailed cox
City of Bangor
73 Harlow Street
Bangor, Maine 04401
Attention: Ren Gibb
Chamber of Commerce
519 Main Street, P. o. Box 1443
Bangor, Maine 04401
Attentiont Elizabeth Bell
V. MISCELLANEOUS PROVISIONS
A. tgovee Etat
BN
It is agreed that the 'Bangor 2000" Executive Director
and any paid or volunteer stat£ 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.
S. Authority to Execute Aareement
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
By:
Edward A. Barrett
City Manager
GREATER BANGOR CHAMBER OF
COMMERCE
By:
Elizabeth Bell
Its President
STATE OF MAINE
PENOBSCOT, as. September , 1990
Then personally appeared the above-named Edward A. Barrett, City
Manager, and acknowledged the foregoing instrumen6,to be his free
act and deed in his said capacity, and the free act and deed of
said body borporate.
Before me,
NotaryPublic/Attorney-at-Law
Printed Name:
STATE OF MAINE
PENOBSCOT, as. September 1990
Then personally appeared the above-named Elizabeth Bell, President of
the Greater Bangor Chamber of Commerce, and acknowledged the foregoing
instrument to be his/her feeeGact and deed in his/her said capacity, and
the free act and deed of said corporation.
Before me,
Notary Public/Attorney-at-Law
Printed Name:
R}T• e I @19Ii
BY-LAWS
ARTICLE I - Name
SECTION 1.1 The name of this organization shall be BANGOR 2000.
ARTICLE Il - Object
SECTION 2.1 To create a new organization to be called BANGOR
2000 in the form 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. 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 anannual 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 City and the
region to existing and potential residents, businesses, and
industry; and
I. Promote beautification of the City and its immediate
environs on a continuing basis.
ARTICLE III - Member
SECTION 3.1 The business
and affairs of BANGOR 2000 shall
be managed and vested in a
27 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
1 representative
Greater Bangor Chamber
of Commerce Board
1 representative
Retail Merchants
1 representative -at -large
General Business
1 representative -at -large
Industry.
1 representative -at -large
Arts/Historical
1 representative -at -large
Professional
1 representative -at -large
Communications Media
2 representatives -at -large
Bass Park
1 representative
Tourism/Hospitality
11 representatives -at -large
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 Steering 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 0) 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, GreaterBangorChamber 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 Bangor Chamber of Commerce and periodically to the
Greater Bangor Chamber of Commerce Board of Directors. The
BANGOR 2000 headquarters and staff will be located within the
Greater Bangor Chamber of Commerce building located on Main
Street in Bangor, Maine.
The Executive Director of BANGOR 2000 shall be appointed by the
Personnel 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, The Personnel
Committee shall conduct periodic evaluations of the Executive
Director.
ARTICLE IV - Attendance
SECTION 4.1 It shall be recumbent upon all Steering Committee
embers. to make eery 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 -
ember's intention on continued Steering Committee membership
after three (3) consecutive unexcused absences. If the Steering
Committee member insquestion 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 he
filled by their respective constituencies. At -large 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 Special meetings may be called by the Chairman, o
upon written request of three members of the Steering Committee
The purpose of th{meetinq shall be stated in the call. Except
casesin of emergency, at least three (3) days' notice shall be
givenye%
(37
SECTION 5.3 Ten (10) members of the Steering Committee shall
constitute a 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 mV be assigned to him/her by the Steering Committee or
the Chairmin 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 of 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 he appointed by the Chairman or
s the Steering Committee from time to time shall deem necessary,
to carry on the work of BANGOR 2000. The Chairman shallbean
-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.
(4)
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 E.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 IX —Amendment of BY—Laws
SECTION 9.These By -Laws may be amended at any regular
Steering Cb66b••mmittee 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
Commerce Board of Directors.
ARTICLE X - Transfer of Records and Property -
SECTION 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.
15)