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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