HomeMy WebLinkAbout1985-03-25 85-151 ORDERIntroduced by Councilor Brawn, Mzrcb 25, 1985
ryrypp CITY OF BANGOR
(TRLfj VfICI�PYr 5e1egtlon ofCruRe Boat Operator
BY W City CouseQ of the CEN ofBampor:
ORDERED,
THAT, WHEREAS, pursuant to Council Order 85-139 (as amended),
the City Manager, or his designee, solicited proposals for the opera-
tion of a cruise boat from facilities currently owned, or to be
acquired, by the City of Bangor; and
WHEREAS, the City of Bangor received one proposal 1n response
to the solicitation for proposals, which response was from Penobscot
Bay Lines, Inc.: and
WHEREAS, it is hereby determined that the selection of
Penobscot Bay Lines, Inc, as a cruise boat operator would be in the.
best interest of the City of Bangor;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF BANGOR THAT:
1. The proposal by Penobscot Bay Lines, Inc, to Operate
cruise boat from facilities currently owned, or to
be acquired, by the City of Bangor is hereby approved
and accepted..
2. The City Manager is hereby authorized to enter into and
execute, on behalf of the City of Bangor, an Agreement
with Penobscot Bay Lines, Inc.-, a copy of which Agreement
is on file in theOfficeof the City Clerk.
85-151
0 R 0 E
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IN CITY COUNCIL
March 25, 1985
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Bas ed Amended.
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Title,
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aea in contiant' mbar ss.
Anu
n
Selection
of Cruise
Soar Operator
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Deput)f City Clerk
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Introduced
and
filed by
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Councilman
85-151
AGREEMEW
This AGHEEMENI dated this day of March, 1985, by and between
POpaIX.'OT BAY LINES, INC. (hereinafter ccalled the Operator) and the CITY OP
BANGOR, Maine, (hereinafter called the City).
Operator and City, i consideration of the mutual Wvenants hereinafter
act forth, agree as follcem:
1. The City agrees that the operator may use the Waterfront Park Oxkieg
Facility at its own risk for purposes attendant W the operation of a cruise
boat for docking, IOmdiig son unloading of paSsen9ers from May 15 through
June 30; and from September 1 through October 30, 4-10 times each week, and from
July 1, throu3h labor Day, 20 times each week on the basis of a schedule to be
sulmittel and approved in writing by the City Manager prior W May 1, 1985,
2. In consideration for the use of the facilities as described above,
the Operator agrees W pay the City an annual fee of Fifteen Hundred Dollars
($1,500.00) for the rights described in Paragraph 1 above; Seven Hundred and
Fifty Dollars ($750.00) being payable on May 15 and Sevin Hundred and Fifty
Dollars ($750.00) being payable on September 1, 1985.
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3. the Operator shall be responsible for the general cleanup of the area
after each cruise and Wall also he responsible .for any darages to City property
that can he directly attributable to the cruse boat operation.
4. Prior tc the axecution of this agreement the Cperator shall file with
the City Purcbasing Agent certificate(s) of insurance showing camprehenaive
public liability and property danage insurance in the absent of at least
$300,000.00. 14e Operator shall also he in ocnfornance at all time with all
local, State, and Federal requirements for the operation of a Cruise boat out of
the port of Bogor and on the Penobscot River.
5. The Operator shall save the City harmless fret all claims that may
arise as a result of the operation of the cruise boat.
6. In granting the rights and privileges contained in this Agreanent,
the City does not assuhre any responsibility for any loss or dotage to the Flcent
Katandin or other property, of the Operator, its owners, guests, invitees or
employees.
7. The operator agrees to modify access to the !bunt Katandin so that
loading and unloading of passengers and docking of the vessel may he
accanplished without taking more than 70 feet of the main deck.
B. It is expressly understood that no charge in use or any additional
uses of the Waterfront locking Facilities shall ho made by the Operator without
Obtaining prior written approval of the City, ad the approval may he contingent
Open the renegotiation of the annual fee.
9. Nothing shall preclude at any time the use of the prenises b others
with the City's permission, -and the Operator shall be saved harmless fraany
Clain which my arise as a result of said use.
10. It is understand and agreed that this Agreanent shall rain in full
force and effect for the contract period noted in Paragraph 1(a). If the
Operator chooses rot to provide said cruise boat service at least four (4) time
weakly on a continuous basis during the contract period or shall otherwise be in
default of this Pgreameat, then the City, at its sole discretion may terminate
this Pgreatent upon ten (10) days written notice to the Operates.
11. Before N mater 1, 1985, the City agrees to negotiate a five (5) year
minfoun contract with the Operator to provide the same or similar cruise boat
services operating out of the port of Barger ami utilizing the sane or similar
facilities facilities ptevlded by the City, the location of which to he
determined by�the pCi�ty. 2g +.,,R 1 .-..p.w„pp a. N�
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12. All Notices provided under this Agreement shall be in writing and
stall be sent by registered mail, return receipt requested, and addressed as
follows:
To the City of Bangor: City Manager
Bangor City Hall
73 Harlon Street
Bangor, Maine 04401
To Pe Soot Bay Lines, Inc. Capt. Frank H. Foss
P. 0. Box 241
Hangar, Maine 04401
13. This Agreement and the rights hereunder may not he assign] or
otherwise transferred by the Operator to any third party without prior written
consent of the City. A transfer of a majority of the stock in the Operator or
Control of the operator's daily operations shall constitute a transfer
prohibited under this Agreement without the prior expressed written consent of
the City.
14. This contract constitutes the total agreement between the Parties and
supercedes any previous agreement between the City arch the Operator for cruise
Mat services operating out of the port of Bangor. Upon execution of this
a3reaaent, the previous a3reenent dated 0ecenber 13, 1983, shall he null and
void.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first written shore.
CITY OF BANGOR
By
Sohn W. Flynn
City Manager
PENJFlIX.YYf MY LINES, INC.
Capt, Frank H. Foss
President