HomeMy WebLinkAbout2003-06-09 03-202 ORDERItem No 0�zoz
Date: lune 9. 2003
Item/Subject: ORDER Adopting Municipal Development Program and Financial Plan
for the Bangor Center Development District
Responsible Department Community It Economic Development
HBARWG -Prior to voting on [iris Order, the Council is required to hold a Public Hearing on the
Municipal Development Program and Financial Plan for the Realtor Center Development District.
The purpose of this Order is for the City Council m consider the Program to be implemented for
the Bangor Center Development District. The Program has been prepared by We Bangor Center
Management Corporation. /may',
epaMlent ead
ok-rdaQ%6� nrr�P
City Manager
Associated Wormation: "� Qyxwn "
Legal Approval:
71"� �
� Bnance Director
/��,JA
Int duced for
Passage
_ First Reading page—al—
Referral
age_of_Referral
O3-202
Assignedw Comollor uniman Jume 9, 2003
CITY OF BANGOR
(TME.)Order, Adopting Municipal Development Program and Financial
Plan for the Bangor Center Development District
BY the City ComMl of the Ory ofBangm
ORDEREDr
-- - - Teary WHBREAS, by action of the City Council a centaur area in the downtown
area has been des ipated as a Municipal Development District known as the Bangor Center
Development District in accordance with 30-A M.R.S.A. § 5253(1); and
WHEREAS, 30-A M.R.S.A. § 5253(2) requires that the governing body
of a Municipality shall adopt a development program for each developments district; and
WHEREAS, the Bangm Center Management Corporation has
recommended a proposed development program to be adopted by the City Council,
NOW, THEREFORE, BE 1T ORDERED THAT the City Council of the
City of Bangor, in accordance with 30-A M.S.A. § 5253(2), does hereby adWtthe "Bangor
Curter Development District, Municipal Development Program and Financial plan, Fiscal Year
20W", a copy of which is attached hereto, as the development program for the Bangor Cater
Development Dshict.
IN CITY COUNCIL
June 9. 2003
ffitiw Made and Sacooded to
Open Public Rearing. Public
Rearing Opened. Linda Packard.
President of Hangar Center
Corporation. gave a um ",of
the Financial Plan for the
Coming Year. notion Made
and Seconded to Close Public
Dearing. Public Rearing
Closed.
Notion Dade and Seconded for
Passage.
Panned I
F. h
Cl cL®e
ORD RR
MTLEJ kdoptim Municipal Development
Program and flvamefal plan for the Dmgor
Center Development District
k.agaea ro countnor
BANGOR CENTER
CORPORA71ON
Bangor Center Development District
Municipal Development Program Plan and Budget
Fiscal Year 2004
Bangm Center Corporation will use staff services available through the Department of
Community and Economic Development, and the Subcommittees for Marketing/Evenis,
Beautification, and Downtown Liaison to carry out its fiscal year 2004 went plan.
Revenues will be derived from the special assessment levied on property owners in Me
Downtown Development District. Those revenues, and the carry forward book balance -
Man fiscal year 2003, will be used to fund BCC's activities for the next fiscal year. Total
treads estimated to be available for fiscal year 2004 am $45,128.
PersouneL BCC will subsidize the cost of a staff person from the Department of
Community and Economic Development This coordinator will administer the
implementation of the adopted workplan.
Administration and Insurance. BCC will reimburse the Department of Community and
Economic Development for postage, copies, and materials. It will also purchase
insurance at an approximate cost of $500.
Marketing and Events Program
BCC will continue b position downtown as the city's arts and cultural center and will
produce evens and publicity and marketing materials that support that image.
Activities produced by BCC will include:
Converts
• Holiday lighting and lighting events ..
• Dctoberfest(in partnership with others)
• Arts on the Green ( partnership with others)
• 4'a Annual Downtown Studio Tom
• Downtown Bangor Photo Show
Advertising and sponsorship venues will include:
• Bangor Chamberof Commerce Visitors Guide
• Maine Public Radia
Marketing materials will include:
• Rackbrochures
• Web sitewith uniquefearm(s)changed 6equentlyto
encourage frequent repeat visits
03-202
BANGOR CENTER
CORPORATION
BCC will continue to partner with other organizations for the promotion and betterment
of downtown, and the comm use will take advantage of other opportunities that become
available during the year. BCC will continue To encourage and participate in the
production of free sendams geared toward downtown businesses and Wilding owners.
Downtown Liaison Program
BCC will continue to supplement the City ofBangoPs Police Department budget with
funding to help support bicycle patrols and holiday season foot patrols. The Committee
will mat throughout the year with City department liaisons associated with public safety,
pedestrian, and vehicular issues, and with downtown stakeholders. no Committee will
also formally welcome new businesses that open downtown.
Beautification Program
BCC will partner with Bangor Public Works and Keep Bangor Beautiful to provide
flowering plmtas and flowers for the parks during the growing season.
BCC will build on and coordinate the comprehensive street banner program.
BCC will promote and encourage activities that improve the appearance of downtown.
03-202
40
BANGOR CENTER
CORPORATION
Bangor Center Corporation
Development District Levy
Studio Tow Revenues
now Contest Entry Fees
Estimated Carryover
Total available for spending
F Y 2003 Budget FY 2004 Budget
Preliminary
39,372
40,581
Lido
1,400
500
500
7,150
2,647
48,422
45,128
personnel reimbursement to City of Bangor
12,000
12,000
Events (net of sponsorships)
10,303
10,159
Marketing(inal. Studio Tom)
8,700
7,700
Beautification
2,500
2,500
Security
9,000
9,000
Adminisnatim and insurance
2,500
2,500
To be allocated to programs as needed
3,419
1,269
Total spending plan
4&422
45,128
03-202
BANGORCE ERMANAGEMEN'I'CORPORATION SERVICES CONTRACT
AGREEMENT made and entered into theI&ay of2003, at Bangor, Maine,
by and between the CITY OF BANGOR, a Maine municipal located in Penobscot County,
State of Maine (herein termed the "CITY"), and BANGOR CENTER MANAGEMENT
CORPORATION, of Bangor, Penobscot County, State of Maine, d/b/a Bangor Canter
Corporation (herein temtoti the "CORPORATION').
WITNESSETH:
WHEREAS, the CORPORATION has expertise and experience in the business of
centralized management, marketing and promotional events involving the Bangor Center
Development District; and
WHEREAS, the CTTY wishes to secure the services of the CORPORATION in
cowection with the CITY'S efforts m promote development of the Bangor Center Development
District (herein termed "BCDD"), as an active, vital multi -functional central business district;
and
WHEREAS, the CITY and the CORPORATION have agreed upon the terms, conditions
and compensation under and pursuant to which the CORPORATION will provide such services
as an independent contractor with the CTTY, and do now desire and intend to set font herein the
full, sole and exclusive terms of Weir AGREEMENT,
NOW, THEREFORE, in consideration of the foregoing recitals, and of the payments to
be made hereunder by the CITY to the CORPORATION, and of the undertakings and
performances to be made and performed hereunder by the CORPORATION, and for other
valuable considerations, the CITY and the CORPORATION do hereby covenant and agree as
follows:
1. SERVICES. The CORPORATION shall perforin and render management,
promotional, instituting, landscaping and supplemental law enforcement services to and for the
benefit of the CITY during the period of this AGREEMENT, as an independent contactor with
the CITY, and for the sole and exclusive use and benefit of the CITY, namely Nose services and
activities described in the Bangor Center Nveloriment D' triol Municipal Develornment
Proram and Financial Plan Fiscal Year 2004 as adopted by the Bangor City Council by its
passage of Council Order 03-202 on June 9, 2003 and incorporated herein as Addendum A.
2. INDEPENDENT CONTRACTOR. In the rendering of the services provided
for above, the CORPORATION shall at aE times act within the limitations of this
AGREEMENT. It shall not hold itself out to be an agency or once of the CITY, and shall be at
all Ames an independent contractor with the CITY. It is understood and agreed that the
CORPORATION shall, during the term ofthis AGREEMBNT, and any extension thereof, devote
a majority of its time to providing such services as provided for in this Agreement Further, it is
03-202
understood that the CORPORATION shall not undertake my additional consulting or advisory
services for my other client in any mower in conflict with the purposes and objectives of this
AGREEMENT, or with the interests of the CITY, except with the express prim written consent
of the MY. In the event the CORPORATION pursues other activities or enterprises not
contemplated hereunder within the Banger Center Development District, such activities or
enterprises shall be auNoruzd only if the CORPORATION first makes suitable arrangements
with the CITY by separate AGREEMENT or by amendment this AGREEMENT.
3. FEES. The CORPORATION shall be compensated for all services to be
rendered hereunder on an annual basis of Forty Thousand Five Hundred P'ghty-One Dollars
($40,581)for the dutatim of this Agreement; to be paid as needed by the CORPORATION His
understood that the CORPORATION shall be solely and exclusively responsible for all expenses
incurred by it. It is further agreed that expenses, which are not directly related be the services to
be rendered hereunder, shall not be the responsibility of the CITY.
4. TERM. The term of this AGREEMENT shall commence on July 1, 2003 and
shall expire on Dune 30, 2004.
5. OPTION. The execution of this Agreement shall not be deemed to constitute an
option to continue this AGREEMENT beyond its expiration date. Any extension or continuation
of this Agreement will be negotiable subject to renegotiation by either party. Any renewal of
this Agreement by the CITY shall depend on the CITY OF BANGORS approval of the
performance of the CORPORATIONS work the City Council's prior approval of an additional
appropriation for such work.
E TERMINATION BY CITY. This AGREFIvENT may be terminated by the
CITY, upon thirty (30) days advance written notice to the CORPORATION, in the event that
(a) The CORPORATION shall NI or refuse to perform the management,
marketing and promotional services provided for hereunder; provided,
however, that an such failure shall be declared by the CITY hereunder
without first giving the CORPORATION written notice of the specific
details and grounds of any such alleged failue, and a reasonable
opportunity to cure same; or
(b) In the event the CORPORATION shall engage so my activities or business
in conflict with the interests of the CITY arising out of the
CORPORATIONS obligations and undertakings hereunder, or
(c) In the event that the CORPORATION shall willfully disregard nay express
wrium instmenon, authorization or prohibition given to it by the CITY, or
shall be convicted of any crime.
03-202
Notwithstanding the shove, the CORPORATION shall not be relieved of liability
in the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by
the CORPORATION, and the CITY may withhold any payment m the CORPORATION for the
purpose of setoff until such time as the exact amount of damages due the CITY from the
CORPORATION is deamnised.
7. TERMINATION BY CORPORATION. This AGREEMENT may be terminated
by the CORPORATION, upon the giving of thirty (30) days written notice, in the event that the
CH'Y, for any reason, shall fail to promptly meet any of its fimncial obligations to the
CORPORATION hereunder.
8. DEL ERY OP RBCORDS. Upon the expiration of the term or any extension
thereof, or upon the termination of this AGREEMENT pursuant to either Paragraph 6 or 7 above,
the CORPORATION shall deliver to the CITY all of its files and other data, excepting only
personal correspondence files, relating to any projects with respect to which it shall have been
involved hereunder, and shall not thereafter knowingly utilize any of such information or data in
my matmer contrary to the interests of the CITY.
9. ASSIGNMENT. This AGREEMENT has been made and entered into by and
between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed
That this AGREEMENT may not be assigned to my third party without the prior expressed
written consent of the CITY.
10. APPLICABLE LAW: CONTROL. This AGREEMENT has been made and
entered into andshall be combined underthe I ws ofdse Sante of Maine including the provisions
of Chapter 207, Municipal Development Districts, Title 30-A M.R.S.A. §§5251-5261. The
CORPORATION may at all times conclusively reply upon the authority of the person from time
to time designated as the City Manager with respect in all matters, instructions and authorizations
requbed hereunder.
11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be
sufficient if sent by registered or certified mail, union receipt requested, postage prepaid, m City
Manager, City of Bangor, City Hall, 73 Harlow Sued, Hangar, Maine 04401; and notices to the
CORPORATION to be sent by registered or certified mail, return receipt requested, postage
prepaid, to Bangor Center Management Corporation, cm Community & Economic Development
Dept, 73 Harlow St., Bmgor, Maine 04401; or to snob other respective addresses m the parties
may designate to each other in writing from time to time.
12. CHANGES. The CITY may, from time to time, request changes in the scope of
their services of the CORPORATION to be performed heremder. Such changes, including my
increase or decrease in the amount of the CORPORATIONS compensation, which us mutually
agreed upon by and between the CITY and the CORPORATION, shall be incorporated in written
amendments to this AGREEMENT.
13. ANTI -KICKBACK RULES. Sma es of persons performing work under this
AGREEMENT shall be paid unconditionally and not less often than once a month without
deduction or rebate on any account except only such payroll deductions as are permitted by law.
The CORPORATION shall comply with all applicable "Anti -Kickback' laws and shall insert
appropriate provisions in all subcontracts covering work under this AGREEMENT to ensure
compliance by subcontractors with such laws.
14. EOUAL EMPLOYMENT OPPORTUNITY. During the performamce of this
AGREEMENT, the CORPORATION will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, bandicap, or national origin. The
CORPORATION will take affirmative action to ensure that applicants are employed, and that
employees are totted during employment, without regard to their race, color, religion, sex, age,
handicap ornational origin.
The CORPORATION will, in all solicitations or advertisements for employees
state that all qualified applicants will receive consideration for employment without regard in
race, color, religion, sex, age, William or national origin.
15. COMPLIANCE WITH LOCAL LAWS. The CORPORATION shall comply
with all applicable laws, ordinances, and codes of the Slide and local governmenta, and shall
commit no trespass on auypublic or private property in performing any of the work embraced by
this AGREEMENT. The CORPORATION shall and engage in any activities, or expend any
Surds provided by the CITY for activities not permitted order the provisions of Title 30-A
M.R.S.A.§§5251-5261.
16. SUBCONTRACTING. The CORPORATION shall he fully responsible in the
CITY for the acts and omissions of its subcontriamrs, and of persons either Nrectly or indvectly
employed by the CORPORATION.
17. WTERESTOFMEMBEROFTHECIl No member of the governing body of
the CITY, and no other Public official, officer, employee, or agent of the CITY shall have any
personal interest, direct or indirect, in this AGREEh1ENT.
18. INTEREST OF CORPORATION. The CORPORATION covenants that it
presently has an interest and shall not solaria any interest, dvect or indirect, which would
conflict in any mariner or degree with the performance of its services hereunder. The
CORPORATION further covenants that in the perfonmence of this AGREEMENT no person
having any such interest shall be employed.
19. ACCESS TO RECORDS. The CfTY, or any of its duly authorized
representatives shall have access to any books, documems, papers, and records of the
CORPORATION which are directly pertinent to this AGREEMENT for the purpose of making
audit examination, excerpts, and transcriptions. The CORPORATION shall preserve all such
records for a period of seven years. The CORPORATION shall maintain full and wrest books
and records showing in detail its income and expenses; will permit the CITY and its
03-202
representatives to examine said books and records and a0 supporting vouchers and data any time,
and from time on time upon request by the CITY at the place in which such books and records are
customartlykgn.
20. REPORTS. The CORPORATION stall prepare and deliver to the City Manager
of the City of Bangor for distribution to the City Council of the City of Bangor, semi-annual
reports describing the CORPORATION activities and progress in performing the services and
activities described in the Bangor Center Develomnent District Municival Development
Program and Financial Plan Fiscal Year 2004 as adopted by the Bangor City Council by its
passage of Council Order 03-202 on Joe 9, 2003 and incorporated berein as Addendum A.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
at Bangor, Maine, on the day and year fust above stated.
CITY OF BANGOR
By
imesa Edward A. Bren
ar
Its City Manager
RANOOR CENTER MANAGEMENT CORPORAIM
�Tlrnesii
(3-202
Addenamn A
BANGOR CENTER
CORPORATION
Bangor Center Development District
Municipal Development Program Plan and Budget
Fiscal Year 2004
Bangor Center Corporation will use sniff services available through the Department of
Communityaod Economic Developmem, and the Subcommittees for Marketing/Events,
Beautification, and Downtown Liaison to carry out its fiscal year 2004 work plan.
Revenues will be derived from the special assesanent levied on property owners in the
Downtown Development District Tboserevenues, and the carry forward bank balance
from fiscal year 2003, will be mod tofood BCC's activities for the next fiscal year. Total
funds estimated to be available fm fiscal year 2004 are $45,128.
Personnel. BCC will subsidize Ne cost of a staff person from the Department of
Community, and Economic Development. This coordinator will administer the
implementation of the adopted workplan.
Administration and Insurance. BCC will reimburse the Department of Community and
Economic Development for postage, copies, and materials. It will also purchase
insurance at an appmxiname cost of $500.
Marketing and Events Program
BCC will continue to position downtown as the city's arts and cultural center and will
Produce events and publicity and marketing matonals that support tbm image.
Activities produced by BCC will include:
• Concerts
• Holiday lighting and lighting events
• Octoberfest (i partnership with others)
Arts on We ( en (in partnership with others)
• 4e Annual Downtown Studio Tom
• Downtown Bangor Photo Show
Advertising and sponsorship venues will include:
• Bangor Chamberof Commerce VisitorsGuide
• Maine Public Radio
Marketing materials will include:
• Rackbrochmes
Websit Mffiuruynefea (s)ohaugodfrmlmntlyw
- encourage frequent repeat visits
03-202
BANGOR CENTER
CORPORATION
BCC will continue to partner with other organizations for the promotion and betterment
of doumtown, and the committee will take advantage of other opportunities that become
available during the year. BCC will continue t0 encourage and participate in the
production of Gee seminars geared toward downtown businesses and building owners.
Downtown Liaison Program
BCC will continue to supplement the City of Bangor's Police Depanmrnt budget with
funding TO help support bicycle patrols and holiday season foot funds. The Committee
wfll meet throughout the yearwith City department liaisons associated with public safety,
pedestrian, and vehicular issues, and with downtown stakeholders. The Committee will
also formally welcome new businesses that open downtown.
Beautification Program
BCC will partner with Baugof Public Works and Keep Bangor Beautiful to provide
flowering planters and flowers for the parks during the growing season.
BCC will build ON and coordinate the comprehensive street banner program.
BCC will promote and encourage activities that improve the appears co of downtown.
(s-202
BANGOR CENTER
CORPORATION
Bangor Center Corporation
Development District Levy
Studio Tow Revenue
Photo Contest Entry Fees
Emanated Carryover
Total available for spending
FY 2003 Budget FY 2004 Budget
Preliminary
39,372
40,581
1,400
1,400
500
500
7,150
2,647
48,422
45,128
Personnel reimbursernent to Qty of Bangor
12,000
12,000
Events (net of sponsorships) -
10,303
10,159
Modeling Find. Studio Tour)
8,700
7,700
Desertification -
2,500
2,500
Sewaty -
9,000
9,000
Administration and insurance
2,500
2,500
To be allocated to programs as needed
3,419
1,269
Total spending plan
48.422
45,128