HomeMy WebLinkAbout2005-06-27 05-234 ORDERItem No. OS 234
Date: June 27, 2005
Item/Subject: Order, Authorizing a Memorandum of Understanding between the Cry of Bangor and the
Frlends of Dakin Pool
Responsible Department: City Manager
A volunteer organization, one Friends of Dakin Pool, has organized in an effort to work with fire City to
undertake improvements M Darin Pool, Particularly the bathhouse which is in need of renovation or
replacement. As its initial steps, this group has advocated for continuing operation of one pool for the
current swimming season and raised funds M allow for a gaol attendant to be hired M maintain
attendance records without the necessity of charging fees for pool use..
The Friends have also expressed an interest in partnering undertaking additional humeri and
solicitation efforts toward Me bathhouse. The attached order would authorize a memorandum of
understanding between the Friends and the City outdoing respective duties and responsibilities in such an
effort. Specifically, R establishes an executive committee composed of representatives of the Friends and
the City to coordinate the effort; sets certain deadlines for developing an improvement plan, reporting on
progress, and completing fine effort; and incorporates the ONs Others Bill of Rights to Insure Mat this
policy is acknowledged in Me effort. In addition, one Oty will commit m up M $10,000 in funds toward
up -front and Improvement costs and $10,000 in in-kind services. If the project is successful, the Council
would commit to continued operation of the pool for at least a five year period.
The memorandum has been reviewed and is recommended by the Government Operations Committee.
Department Head
Manager's Comments: /�
spy Ote Nnjl (dllH4C%f.KElI�1J6/-
��' City Manager
Assoclatell IrHormatlon: 011 6
Legal APPrmlal:
ry o iator
Introduced for
X Passage
_First Reading Page _of_
_ Referral
03-236
98-120
Aampedta F,ounCHOr Farnham February 23, 1998
CITY OF BANGOR
(TITLE.) (jorbrr,._._. Adopting City of Bangor Donors' Bill of Rights and
Responsibilities" as a statement of the city Policy Concerning
Charitable Solicitations--.,,... ,,..._ ,
_ _ .............. ............. ....... .__...._.
By the Clay Ca amU of da City ofBanam%
ORDERED,
THAT
WHEREAS, the City of Bangor and its employees are involved, in
varying degrees, in a large number of charitable
fundraising activities that directly benefit the City
of Bangor and City programs; and
WHEREAS, there is a need to assure that those who are solicited
for donations are fully informed about the nature and
purpose of the solicitation, and to provide public
assurances concerning the integrity of City
fundraising activities in general,
NOW, THEREFORE, BE IT ORDERED that the attached document titled "City
of Bangor Donors' Bill of Rights and Responsibilities" is hereby
adapted as a statement of the City's policy concerning charitable
solicitations conducted, sponsored, or co-sponsored by the City of
Bangor.
Assigned m Councilor r'Tieue Jove 27, 2005
CITY OF BANGOR
(TITLE.) Ortler, Authorizing a Memorandum of Understanding between the City of Bangor and Me
Francs of Dakin Pool.
WHEREAS, Me Friends of Dakin Pool is a Maine nonVmfd corporation organized by volunteers to focus
public support for Dakin Pool, to raise public awareness of the value of the pool, M
encourage one City of Bangor M make needed improvements M Me pool, and M raise funds
through public contributlons and grants M assist In Mose improvements; and
WHEREAS, Me City of Bangor is Me owner and operator of Dakin Pod; and
WHEREAS, Me FrieMs and Me City wish to Insure that Me eRort M make needed improvements M
Dakin Pod are closely coordinated;
NOW, THEREFORE, BE a ORDERED By THE CRY COUNCIL OF THE CITY OF BANGOR THAT
The City Manager is hereby authorized M execute Me attached Memorandum of Understanding
between Me City of Bangor and Me France of Dakin Pod outlining Me respective rights, duties and
obligatlons of Me City and Me Friends in Me efFmt to make needed Improvements to Dakin Pool.
M CITY COOPCIL
Swe 27. 2005
nation rade and seeomea
for Passage
Pas
U4511Y CI,814.
all ,) duttestru a¢ a Nemrandm of
C rstau g befvem the City of gmyor
and the hfeoda of Valiu Pool
Assigned to Councilor GUA4U
-� V
05-236
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BANGOR AND
THE FRIENDS OF DAKIN POOL COMMITTEE
WHEREAS, the Friends of Dakin Pool, hereinafter the Friends, is a Maine non-
profit corporation organized by volunteers M focus public support for
Dakin Pool, W raise public awareness of the value of the pool, to
encourage the City of Bangor to ntake needed improvements at the
pool, and to mise funds through public contributions and grants to
assist in those improvements; and
WHEREAS, the City of Bangor, hereinafter City, is a municipal corporation
chartered under the laws and regulations of the State of Maine and is
the owner and operator of Dakin Pool; and
WHEREAS, the Friends and the City wish to insure that the effort to make
needed improvements to Dakin Pool are closely coordinated;
NOW, THEREFORE, THE FRIENDS AND THE CITY DO HEREBY AGREE AS
FOLLOWS:
1. The Friends of Dakin Pool will undertake various fundraising and solicitation
activities for the purpose of assisting in renovating and/or replacing the
bathhouse at Dakin Pool.
2. The City of Bangor shall co-sponsor Mese efforts and use its best efforts M
publicize them, including a Council Resolve indicating its approval of and
support for Mese efforts. City Councilors and City employees will not,
however, make any solicitations on behalf of the project without the express
consent of the City Council and in accordance with the City's Code of Ethics.
3. An Executive Committee will be established consisting of four representatives
of the Friends and four representatives of the City, specifically the Director of
Parks and Recreation, Finance Director, City, Manager, and a Councilor
designated by the Council Chair. The purpose of the Executive Committee is
to assure coordination and maintain communications during Mese efforts.
The Committee will meet no less often than monthly and may invite
additional resource persons to participate in Its meetings, all of which will be
open to the public.
4. No later than August 1, 2005, the Executive Committee shall prepare and
present to the City and Friends a plan outlining the anticipated scope of work
to be performed on the bathhouse. No later than September 1, 2005, the
Committee shall prepare and recommend a fundraising and solicitation goal
03-236
for the project and a schedule for meeting this goal including reasonable
benchmarks for measuring progress. In order to insure that the necessary
Improvements can be made to the pool to allow it to operate for the 2006
swimming season, the deadline for completing solicitation and fundraising
shall be no later than March 15, 2006.
5. The Friends agree to take the necessary steps to insure that the Donors'
Rights section (left hand column) of the attached "City of Bangor Donors' Bill
of Rights and Responsibilities" is recognized in its fundraising and solicitation
efforts. In addition, the Friends agree to coordinate with and assist the City
in meeting the City's Responsibilities (right hand column) as set forth in the
"City of Bangor Donors' Bill of Rights and Responsibilities."
6. The City will open and operate Dakin Pool for the 2005 swimming season,
subject to the required regulatory approvals. The City shall provide
seasonal employee to record attendanm a[ the pool. In exchange for a
$2,300 payment by the Friends to the City, the Council has waived the pool
fees established earlier for the 2005 swimming season.
7. No later than October 1, 2005, the Executive Committee shall prepare and
provide to the Friends and the City Council a report on pool utilization for the
2005 swimming season and a report on the status of fundraising and
solicitation efforts to date. The Executive Committee shall provide a further
report on the status of fundraising and solicitation on or before March 1,
2006.
8. Nothing in this memorandum shall require the City to continue to operate
Dakin Pool beyond the 2005 swimming season. The City reserves the right to
make a determination of the future of Dakin Pool based upon the level of
pool utilization during 2005, taking into account weather and other factors
that may impact utilization, the nature, extent, and estimated capital costs
associated with the necessary improvements to Dakin pool, and the level of
public support for the pool and for the efforts to raise funds on its behalf.
9. The City shall commit up to $10,000 toward initial costs that may be
associated with determining the nature and scope of improvements required
at the pool. Upon agreement by the City to proceed with the project, any
remaining amount shall be applied to the cost of designing, permitting, and
supervising the improvements agreed to in the scope of work for the project.
In addition, up to $10,000 in in-kind work on the project may be provided by
City employees, subject to the approval of the City Manager as to the nature
and type of work to be provided. The Council may, at its sole discretion,
approve additional financial and in-kind support for the construction of the
agreed to improvements.
os -234
10. All work to be performed at Dakin Pool must be approved in advance by the
City of Bangor. Approval may be granted by Ne Director of Parks and
Recreation who may call upon other City staff as needed, including the City
Engineer and the Cade Enforcement Officer. Work shall be performed under
the supervision of designated City staff. All work shall conform to applicable
building codes and all other regulatory requirements. The use of volunteer or
donated labor must be coordinated with and approved by the City Solicitor
and the Citys Risk Manager. Any and all contracts involved in this work must
meet the Citys standard requirements regarding insurance and
indemnification and must be submitted to the City Solicitor far approval.
11. Upon successful completion of the fundraising and solicitation effort and the
agreement of the City to proceed with the construction of the improvements,
the City shall commit to continue operation of Dakin Pool for a period of not
less than five years.
12. Any changes or amendments to this memorandum of understanding must be
reduced to writing and approved by the Friends and the Bangor City Council.
IN WITNESS WHEREOF, the parties have respectively executed or caused this
Memorandum of Understanding to be executed on this the day of
zoos.
WITNESS: CITY OF BANGOR
(BY)
Edward A. Barrett
Its City Manager
WITNESS FRIENDS OF DAKIN POOL
(BY)
Name:
Title:
05-236
98-120
February 18, 1998
TO: Bangor City Council
FROM: Michael H. Alpert, Chairman
Board of Ethics
RE: Charitable Solicitations
Over the past two months, the City's Board of Ethicshas
been conducting a general review of charitable fundraising
activities conducted orsponsored i whole or part by the City of
Bangor. The Board has received information On a wide variety Of
activities and initiatives that provide substantial benefits to the
City, its residents, and City programs. However, the Board's
review has produced evidence that individuals and businesses
solicited for donations to charitable causes that benefit the City
of Bangor often lack complete information concerning the purpose of
the solicitation and the exact relationship to the City of the
individuals or organizations soliciting funds. -
In addition, the Board's review has produced evidence that
some businesses, particularly businesses newly relocated in Bangor,
may be subject to repetitive and conflicting solicitations on the
City's behalf, due to the lack of any central coordination of the
City's various fundraising activities. The Board's review also has
generated testimony that, in some instances, individual Bangor
residents and businesses who are the subject of direct
solicitations by senior City officials, such as City Council
members, may feel constrained to make donations out of concern that
failure to do so could affect future relationships as a prospective
vendor to the City, or in other areas. Although no testimony
Presented to the Board suggests that any City decision has ever
been affected by a prospective donor's donation or decision not to
donate, the perception that an individual or business donation
decision may affect the City's decision-making process on issues
affecting that donor merits attention by the City Council.
As a preliminary step to address concerns raised by the
Board's review, the Board of Ethics has drafted and is recommending
for adoption the attached "City of Bangor Donor's Bill of Rights
and Responsibilities." The -list of donor rights is adopted from a
Similar list contained in a donor bill of rights drafted by the
Council for Advancement and Support of Education, a national
Organization that provides assistance and technical support for
Institutional fundraising by colleges and universities. The list
of correlative City responsibilities contained in the attached
document has been drafted by the Board. The City responsibilities
-2 -
portion of the attached document may require further implementation
through appropriate amendments to the City's Code of Ethics (e.g.,
items 3 and 6) and through drafting of written guidelines for
outside organizations involved in jointly -sponsored solicitations
(item 10).
The Board would like an opportunity to present the proposed
Policy and to answer Council questions at a full Council workshop.
Subject to the Council's further direction, the Board is 'available
to assist in preparing proposed ordinance amendments and guidelines
for outside organizations necessary to implement the proposed
policy.
Michael Albert
Board Chair
Attachment
03-236
98-120
CITY OF BANGOR DONORS' BILL OF RIGHTS
AND RESPONSIBILITIES
Donors' Rights City's Responsibility
1. Donors have the right to be
informed of the purpose for
which their donation is being
solicited, and the specific
Program to which it will be
applied.
2. Donors have the right to be
informed of the identity Of
any outside person o
organization that will be
benefitted by their donations,
r that will have custody or
control of donated funds.
The City will assure that
all persons authorized to
solicit funds onits behalf
prepare Written information
describing the purpose of the
solicitation and the partic-
ular program(s) to be
benefitted. Prior tO any
solicitation these written
materials will be reviewed and
approved by the City Manager
or his designee, and will be
made available to each person
solicited for donations.
The City will assure that
donors will be informed
whenever the City's fund -
sing efforts are being
conducted in conjunction
with outside persons Or
organizations. Written
materials to be distri-
buted to prospective donors
will state whether donated
funds are for the benefit of,
or will be held or managed by,
an outside person o
organization. The City will
decline to participate in
joint fundraising efforts with
any person or organization
that does not establish
appropriate financial controls
for donated funds, or that
does not provide for public
accounting of its fundraising
activities.
os -2x
98-120
The City will require any
person or organization with
which it conducts joint
fundraising efforts to
produce and make annual
financial statements
available to the City and
the general public.
3. Donors have the right to be
The City will assure that
assured that their gifts will
no City employee or City
be used for the purposes for
Official solicits gifts on
which they are given.
the City's behalf without
prior authorization by the
City Council Or City
Manager. The City, through
its Finance Department, will
institute controls necessary
to assure full account-
unt-ability
ability of all donated
funds, from the point of
receipt through final
expenditure. These controls
will include, when
appropriate, establishment
and segregation of donated
funds into separate trust
accounts.
4. Donors have the right to
The City will issue
receive appropriate acknowledg-
written receipts for all
ment and recognition,
donations at the point of
receipt, and will provide
appropriate documentation of
-
gifts for IAS purposes. The
City Council will provide
for public recognition of
gifts to the City in
appropriate eases.
5. Donors have the right to be
The City will inform pro -
informed of any limitations on
spective donors in advance -
Confidentiality with respect
of any donation that records
to their gift.
of their donations may be
_
subject to Public dis-
closure under Maine's
Freedom Of Access law.
6. Those solicited for donations
The City will limit
have the right to say no,
personal solicitations of
without concern that failure
individuals or businesses
0-231
98-120
to donate in response to'a
by City employees and
a City solicitation will
have
officials with decision -
any Consequences adverse
to
making authority over matters
their personal interests.
of individual concern. Direct
solicitation of individuals or
businesses by City Councilors,
Board members, charter
officials, and department
heads on behalf of the City is
discouraged. All solici-
tations by the City will be
conducted in a manner that
minimizes any feeling or
appearance of compulsion on
the part of those solicited.
Except for necessary receipts
and financial records,the
City will not create, publish
or permanently maintain
records of individual
solicitations and donations.
]. Donors have the right to
be
The City will require that all
informed whether those seeking
persons soliciting donations
donations arevolunteers,
-
on the City's behalf, or
employees of the City or
another
jointly with other
organization, or hired
organizations, shall inform
-solicitors.
each person or firm solicited
of their status and
relationship to the City o
other organization concerned.
8. Donors have the right to
be
The City, through its City
free from frequent or
Manager, will coordinate
repetitive solicitations
by
solicitations by the City
the City.
so as to avoid frequent or
repetitive solicitations of
any individual or business.
9. Donors have the right to
All solicitations authorized
receive prompt, truthful
and
by the City will have a
forthright answers in response
designated coordinator who
to questions aboutCitywill
be available at all
solicitations.
reasonable times to answer
written or telephone inquiries
about particular fundraising
efforts.
10. Donors have the right to be
assured of the integrity of
City fundraising efforts that
involve outside persons o
organizations, including
Joint fundraising projects.
05436
98-120_
The City will publish written
guidelines for outside
persons and organizations
that wish to raise funds on
the City's behalf, including
joint fundraising projects.
The City will prohibit use of
the City's name in Connection
with fundraising by any person
or organization that does not
adhere to the published
guidelines.