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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: o 7�1e �� b'm /NI b� Cifgiryr/ �i !aldri% c.dh ✓hr r r Juke/yrv- anJ �i� �/i M drnf r/wngr/ knr un V 4v v,WA#1 n+zJidra�,il� �/x /�rrr„unl ApPa�/ii n�ommn✓s! /./ Ac�ilr Cit M �,�1 asoc ted Information: O��r ASrrr. ca% Budget Approval: Fimxea Birtnar Legal Apprpeal: Cilyselirnor , Int used For (.MrwJ Int ❑ Final Reading Par—of— F-1 Referral aga_of_❑Referral 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 �z ilii.........................:..ilea.. 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)