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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.