HomeMy WebLinkAbout1975-08-25 327 AC ORDER32] An
Introduced by Councilor Bigney, August 25, 1975
CITY OF BANGOR
ryp A t3 ing the, City Manager to. Ent to an Agre ant with
the ACTION CCA94TTEE OF 50, INC. for au Exeuctive Marketing Director
.__..._._ .. ........... ..._._ .. _.. ......_. ...._._
as the City CMMUNI of eAa CSW of Danger.
ORDERED.
THAT the City Manager is hereby authorized to enter into an agreement
vlth the ACTION C®g =E OF 50, INC. for the purpose of fostering, encouraging
and assisting the location of business enterprises in the Bangor area through
the Executive Marketing Director Program. A copy of the contract is on file
in the City Cle*'s Office.
Statement of Pact: By. prior action of the City
Council funding in the amount
of §10,000 has beer set aside in the Co®unity
Development Budget for the Executive Maxketing
Director Program. The purpose of this Order is
to authorize the City Manager to execute the
contract required in funding third parties under
Us Community Development Program.
IN r, CITY COUNCIL
Auguei'25, 1975
Pagsed Ey the following
/yes and no vote. CWneiloie
votiag�yee: 9aldaccl,-aallou.
aignwY, B Qantas, Henderson,
Mooney, Saucy and Speirs.
Councilor vating no: Gass.
CITY CL
Title,
nuthosizin the Cit Managez tc Enter into
anreement with the ACTION COMMITTEE O 50,
.....................................
INC., for an Executive marketing Director.,
Introduced iied by
Omar �?�aa..2 ... .. ...n
Rf: of�wEP
1975 Wgi Pm +.-g
CITY CLERK`S OFFIC9
,'r*Y U" RpI009. POP
327
AC
ORDER
63
Title,
nuthosizin the Cit Managez tc Enter into
anreement with the ACTION COMMITTEE O 50,
.....................................
INC., for an Executive marketing Director.,
Introduced iied by
Omar �?�aa..2 ... .. ...n
Rf: of�wEP
1975 Wgi Pm +.-g
CITY CLERK`S OFFIC9
,'r*Y U" RpI009. POP
CITY OF EANCOR, MAINE
CCO&DDITY DEV&IAPMeNT PRKCSAU
THIS AGREEWENT MCI THIS say "'
A.D. 19 , by and between the CITY OF BANGOR, a body politic and corporate located
in the County of Penobscot, State of Maine, (hereinafter referred to as "City") and
ACTION CCMMITTEE OF "50" INC.
(bereinefter refereed to as "the Committee").
WITNESSETH
WHEREAS, the City on the 8th day of July, 1995, received a Grant under
Title I of the Housing and Conandty Development Act of 1974; and
WHEREAS, pursuant to said Grant, the City desires to stimulate employment
opportunities end economic grow W; end
WHEREAS, the Comnittee is willing to render certain services to too City
of Bangor and the surrounding area to stimulate employment opportunities sod'econsts'a
growth;
NOW MICISFONE, the City sad the Committee do mutually agree as follows:
1. SERVICES TO BE PERFORMED. The Committee agrees to perform the services and
undertake the activities set forth in the "PrOPOsal" dated July S, 1975, attacbed
hereto as Exhibit A, and made a part hereof.
2. RECORDS. Records shall be maintained by the Committee in accordance with Office
df -Management and Budget Federal Menegeman% Circular 74-7. 1 All costs and expenses
of the Committee shall be supported by properly executed payrolls, time records,
invoices, contreots, vouchers, or other official documentation evidencing in proper
z
detail the nature and propriety of the chargee. All checks, payrolls, invoices,
contracts, vouchers, orders, or, other accounting-docwcents pertaining in whole or in
part to the Committee's services and activities, funded in whole or in pert by this
Contract, shall be clearly. identified and readily accessible.
At such times and in such COORS as the City may require, there shall be fur-
nished to the City such statements, records, reports, data and information, as the
City may request pertaining to matters covered by this contract. At any time during
normal business hours and as often as the City may deem necessary, there shall be
made available to the City for exmoinaLion, all of the records of the Committee with
respect to ell matters covered by this Contract and the Committee will permit the
City to audit, examine and make excerpts or trarecripto free such records, and to
make audits of all Contracts, invoices, materials,, Payrolls, records of personnel
conditions of employment, and other data, relating to all matters covered by this
Contract and related sub -contracts and SuD-grantees.
1. CONFLICT OF INTEREST. No officer, employee or agent Of the City, or cry
other person who exercises any functions or respens1b111tiee in connection with the
Community Development Program, shall have any personal, financial interest, direct
or indirect, in this, Contract; and the Committee shall take appropriate steps to
assure compliance.
4. ASSONANCES. The .Committee will Imply with Title VI of the Civil Nights Act
of 1964 end Section 109 of the Rousing and Community Development Act of 1974' and in
accordeace therewith, no person in the United States shall, on the ground of race,
calor, religion, national origin, age or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, cry program or
activity funded in whole Or in part with Commmdty Development funds or ary other
Federal financial assistance. The Committee will immediately take anv measures
necessary to effectuate this agreement.
The work to be performed under this egreemant in on a project assisted under
a program providing direct Federal financial assistance frwa the Department of
Housing and Urban. Development and is subject to the requirements of Section 3 of
the Hausing and Urban Developnent Act of 1968, as annealed, 12 U.S.C. 1701u. Section
3 requires that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and eontraclsfor work
in connection with the project be awarded to businessconcerns which are located in,
or owned in substantial part by persons residing do the area of the project.
The parties to this agreement will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the. Secretary of Housing and Urban
Development set forth in U CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contrast. The parties
to this agreement certify and agree that tbey are under no contractual or other
disability which would prevent them from complying with these requirements.
Me Committee will send to each labor organization or representative Of workers
with which he has a collective bargaining agreement or other contract or understanding,
if end, a notice advising the said labor orgainization or workers' representative
of his concitments under this Section 3 clause and shell post copies of the notice in
conspicuous places available tO employees and applicants for employment or training.
The Committee will Include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate duties pursuant to the
subcontract upon a Sinding that the subcontractor is in violation of regulations
issued by the SOOretary of Housing end Urban Development, 24. CFR 135. The CO®ittee
4
well not subcontract with W subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135 end will
not let any subcontract unless the subcontractor has first provided it. with a pre-
ldmdnaay statement of ability to comply with the requirements of these regulations.
Compliance with the provisions of Section 7, the regulations set forth in
24 CFR 175, and all applicable ruled and orders of the Department issued thereunder
prior to the execution of the contract, sbaftbe-acondition of the Federal financial
assistance provided to the project, binding upon the applicant or recipient for such
acestanee, its successors, and assigns. Failure to fulfill these requirements shall
subject applicant or recipient, ita-contractors and subcontractors, its successors,
and designs to those sanctions specified by the grant or loan agreement or contract
through which Federal eeaistanoe is provided, and to wood sanctions as are specified
by 24 CFR 1".
5. POLITICAL ACTIVITY PROHIBITED. None of the funds, materials, property or
services provided directly or indirectly under this Contract shall be need in the
performance Of this Contract for any, peetisan political activity, Or tO further the
election or defeat of any candidate for public office.
6. LOBBYING PROHIBITED. None of the funds provided under this Contract stall be
need for publicity or propagandapurposes designed to support or defeat legislation
pending before the Congress.
7. BONDING. The Committee will obtain and maintain at all times durip� the terms
of this agreement a Fidelity bond covering the activities'of all employees u awr Obis
agreement in an amount of $25,000.00. - .
S. TM OF AGREA - T. The Committee's performance of this .agreement shell commence
on July 9, 1975 and ahall terminate at midnight, February 28, 1976 unleae continued
by written agreement of the parties executed prior to said destination date.
9, PAYMENT. Pursuant Or the "Operating Budget" included in the "Proposal" attached
hereto as Bre bit A, and made a part hereof, the City of Bangor agrees to pay to the
Committee $0000.00 in seven installments, the first installment in the amount of
$1,060.00 being due and payable m August 1, 1975,.and each of the subsequent six
installments in the accent of $1,490.00 being due and payable on the 15th day of
as& and every month eosmescing August 15, 1975 and continuing through February 15,
1976.
10. mmmINATION OF CONMCT FOR CAUSE. If, through cry cause, the Cammittee Shell
fail to fulfill in timely and proper manner its obligations under this agreement,
or if the Committee shall violate any of the covenants, agreements, or stipulations
of this agreement, the City shall thereupon have the right to terminate this agree-
ment by giving written notice On the Cossittee of such termination and specifying the
effective data thereof, at least a" (5) days before the effective data of such
termdrmtion. In such event, all records, assets, property and documents of any nature,
prepared or purchased by the Corsittes under this agreement shall, at .the option of
the City, become its property and the Committee Shall he entitled to receive just and
equitable compensation for extiv em rk satisfactorily completed prior to the date of
terminstdon. Notwithstanding the above, the Co®ittee shall rot be relieved of
liability to the City for damages sustained by the City by virtue of any breach of
the agreement by the Committee, and the city may withhold any payments to the-Covmdttse
for the Purpose of eet-off until such time as the exact amount of damages to the City
from the Committee is determined.
U. OPERATING pCXECGF84. 'les Committee agrees to comPiY in all respects with all
of the duties, responsibilities and requhaments is teed by this agreement, and by
the City, M and other agencies of the United States Which ere now in existence or
may, from time to time, be promulgated during the term of this agreement or any
extention thereof.
12. NOTICES. AnY action, =tics or request take, given, or made by the City
hereunder may be taken, Elven, or made by A V O. McKay, Director of ComnonitY
Development, 73 Harlow Street, Sangor, Maine or gush other person or persona as the
City may desig:mte in written notice to the Cocwlttee. All notices given or made
to the Co®aittee hereunder shall be deemed to be duly and properly given or made
if mailed to Cemaittee of "50", Eac.
143 Illinois Avenue
or delivered personally to Richard L. Kelso
IN WITNESS WHSEEOE, the City and the Committee has executed this agreement as of
the date first above written.
ATTEST: CITY OE SpmO
HY
ye
City Manager
igr,M*::N
The Action Committee of "50'4 Inc. was incorporated for the purpose of
fostering, encouraging and assisting the physical location, settlement, and re-
settlement of industrial, research and develoTa'ent, manufacturing, service and
business enterprises in the Cities of Bangor and Brewer and in the neighboring
suburban or rural communities, in order to stimulate economdc growth add provide
employment opportunities. The Committee proposes to fund an Executive Marketing
Cireotor and his office in the amount of $45,000.00 forr the fiscal year ending
February 28, 1976.
The Executive Marketing Director would seek to establish an economic base in
Bangor and the surrounding area bysttraeting+expanding or relocating businesses
to the Bangor area. Special emphasis will be, given to attracting those manufacturing
concerns which require blue cellar workers. Although the business community and
municipal governments are adequately staffed to handle employers who come to Bangor
seeking new locations little time is devoted to travel to prospective employers. The
Executive Marketing Director will travel to potential employer's places of business
and apprise them of the benefits of locating in the Bangor area. The Executive
Marketing Director is a pilot project which, if successful, would be extended into
the following years.
The General area to be served by the Executive Marketing Director is roughly a
30 mile radius of Bator encompassing approximately 125,000 persons. .Bangor, having
a population of approximately 37,000, accounts for almost 301 of this population.
Committee is requestLng that the City of Bangor fund this program in the amount of
$10,000.00, or a lit�la sure than 2C1 of the octal budget.
This program is a unique opportunity for the private and public sector
to join forces in creating a viable, economic region in the. Bangor area. Private
bucaese has committed itself to total oontributioas of $28,000.00 and it is hoped
that the mwicipalities will contribute the remaining $20,000.00. In addition to
cash contributions, in-kind services are contributed by local attornies, accountants,
professional and business permed..
BfBBBTIV6 �TINO DIRECTOR'
ACTION COM, Ma OF 50
Operating Budget
Mare6 1, 1975 - Feb. 28, 1716
Expenditures
Salaries* - Executive
21,000
Secretary
3,850
$24,850
Personnel Benefits
BOB
-
2,000
car Expense
1,200
Rent
6,000:
Travel
Advertising - Direct Mail
Contact
2,500
_
- 1,500
Printin�
11900
Postage
Offioe Supplies
900
21100
Telephone
1 -
225
Insurance
250
Dues S Paxioatfoae
3.975
Contingency
Total Expenditures
$48000
Revenues:
$28, COO
Private businesses _
10,000
City Of Bangor
-
MOD
city of Brewer
1, ooO
City of Old Town
Ir"bitunts of Hampden
1,000 _
Inhabitants of SeersPort
5 W