HomeMy WebLinkAbout2003-06-09 03-205 ORDERL9
Item No. 02205
Item/Subject ORDER Authonzing Execution of Contract with Bangor Center
Management Corporation
Responsible Department Community & Economic Devebpmem
Commentary:
This Order authorizes the CityN[anagcr to esecute a Content[ with the Bangor Center
Management Corporation for the purpose of providing unannounced services and admhdstention of the
Development Program for the Bangor Center Development District for the period July 1, 2003 -June 30,
2004.
The proposed budge[ is $45,128. The Corporation did not request general fund support for the
upcoming fiscal yew.
The proposed Contract would provide reimbursement no, the City of up to $14,500 for out of
. pocket expenses and persormel costs in administering the program and reimbursement to the City ofup to
$9,000 for additional law enforcement services in the Disalct (2 officers during the summer months and
in December).
/e
ceg
apartment li6ad
Manager's Comments:
City Manager
mandated Irsformation:
[ntrptlucstlfor
Y7I' Paaeage
_ Pira[ Page — of _
Referral
03-205
:r1 Assipnito Cowcilm Paler June 9. 2003
In,
CITY OF BANGOR
Cp E.)Order, Authorizing Execution of Contract with Bangor Center
Management Corporation
BY the O't y Cwwl of Hen CW ofBangm.
ORDERED,
Tram the City Manager is hereby authorized and directed, on behalf of
the CityofBangor, to execute acontmct, a copy ofwhich is on file in the Office of the City
Clerk,wiNthe Bangor Center Management CoMomdonforpur m"ofMvidingmanngement
services and administration of the developmentprogram fm the Dangor Center Development
Distant for the period July 1, 2003 - June 30, 2004.
IB CITY Comm
Tme 9, 20D3
MtIm We and seconded p 0y205
for Passage
Passed n 0 M D 6 M
(TITLE,) 9uchmfiivg 0remcfm of cmtracc
vita aasgoi Cen[er MemgmeaC CLrCvrarlm
P gnedtt000CCouncilor
P,oma_
03-205
BANGOR CENTER MANAGENUSN"I CORPORATION SERVICES CONTRACT
AGREEMENT made and entered into the _ day of , 2003, 9 Burger, Maine,
by and between the CITY OF BANGOR, a Maine municipality located in Penobscot County,
Scute of Mame (herein tensed the "CITY'), and BANGOR CENTER MANAGEMENT
CORPORATION, of Bangor, Penobscot County, State of Maine, d/b/a Bangor Center
Corporation (herein tenant the "CORPORATION").
WHEREAS, the CORPORATION has expertise suit experience in the business of
centralized management, marketing and promotional events involving the Bangor Center
Development Donner; and
WHEREAS, the CITY wishes to secure the services of the CORPORATION in
connection with the Cffl"S efforts to promote development of the Bangor Center Development
District (boom termed WDD'), 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 N which the CORPORATION will provide such services
as an independent contractor with the CITY, and do now desire and attend to ut forth herein the
full, sole and exclusive terns of their AGREEMENT,
NOW, THEREFORE, in consideration of the foregoing recitals, and of the payments to
be made hereunder by the CITY N the CORPORATION, and of the uadermkings 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 perfar m and render management,
promotional, marketing, landscaping and supplemental law enforcement services to and for the
benefit of the CITY during the period of this AGREEMENT, as an independent contractor with
the CITY, and for the sole and exclusive use and benefit of the CITY, namely those services and
activities described in the Baveor Carter Develmrment District Municipal Development
Promote and Financial Plan Fiscal Year 2004 as adopted by the Bangor City Council by its
passage of Council Order 03- on June 9, 2003 and incorporated berem as Addendum A.
2. INDEPENDENT CONTRACTOR N the rendering of the services provided
for above, the CORPORATION shall at all times ad within the limitations of this
AGREEMENT. It shall not hold itself out in be an agency or office of the CITY, and shall be at
all times an independent contractor with the CITY. It is understood and agreed that the
CORPORATION shall, during the tear ofthis AGREEMENT, and any extension thereof, devote
a majority of to time N providing such services as provided for in this Agreement. Further, it is
understood that the CORPORATION shall not undertake any additional consulting or advisory
services for my other client in any mmmer in conflict with the purposes and objectives of this
AGREEMENT, or with the moorage; of the CITY, except with the express prior written consent
of the CITY. In the event the CORPORATION pursues other activities or enterprises not
contemplated hereunder within the Bangor Center Development DistncS such activities or
enterprises shall be authorized only if the CORPORATION first makes suitable artangemertts
with the CITY by separate AGREEMENT or by amendment to this AGREEMENT.
3. FEES. The CORPORATION shall be compensated for all services to be
rendered hereunder on m annual basis of Forty Thousand Five Hundred Eighty -One Dollars
($40,581) for the duration of this Agreement to be paid as needed by the CORPORATION. It is
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 m the services to
be tendered hereunder, shall not he the responsibility of the CITY.
4. TERM. The term of this AGREEMENT shall commence on July 1, 2003 and
shall expire on June 30, 2004.
5. GThe execution of this Agreement shall not be deemed to constiNte an
option to continue this AGREEMENT beyond its expiration data. Any extension or continuation
of this Agreement will be negotiable subject to re -negotiation by either party. Any renewal of
this Agreement by Ne MY shall depend on the CITY OF BANGOR'S approval of the
perf rimance of the CORPORATION'S work the City Council's prior approval of an additional
appropriation for such work.
b. TERMINATION BY CITY. This AGREEMENT may be terminated by the
CfTY, upon thirty (30) days advance written notice to the CORPORATION, in the event that:
(a) The CORPORATION shall fail or refuse to perform the management,
marketing and promotional services provided for hereunder, provided,
however, that no such failure shall be declared by the CITY hereunder
without first giving the CORPORATION women notice of the specific
details and grounds of my such alleged failure, and a reasonable
opportunityM cure same, or
(h) N the event the CORPORATION shall engage in my activities or business
N conflict with the interests of the CITY arising out of the
CORPORATION'S obligations and undertakings hereunder, or
(c) In the event that the CORPORATION shall willfully disregard my express
written instruction, authorization or prohibition given N it by the CITY, or
shall be convicted of any crime.
03-205
Notwithsmading the above, the CORPORATION shall not be relieved of liability
to the CITY for damages sustained by the CITY by mine of any breach of the AGREEMENT by
the CORPORATION, and the CITY may withhold any payment to the CORPORATION for the
purpose of setoff mail such time as the exact amount of damages due the CTTY from the
CORPORATION is determined.
7. TERMINATION BY CORPORATION. This AGREEMENT maybe terminated
by the CORPORATION, upon the giving of thirty (30) days written notice, in the event [hat the
CITY, for my reason, shall fail to formally meet any of its financial obligations W the
CORPORATION hereunder.
S. DELIVERY OF RECORDS. Upon the expiration of the term or any extension
thereof, orupon the temiotion of this AGREEMENT pursuant w eitha Pamgraph 6 or 7 above,
We 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 milia any of each information or dam in
any manner contrary, to the interests of the CTTY.
9. ASSIGNMENT. This AGREEMENT has been made and entered into by and
between the CTTY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed
that this AGREEMENT may not be assigned to my third party without the prior expressed
written coowt of the CTTY.
10. APPLICABLE LAW: CONTROL. This AGREEMENT has been made and
entered into and shall be wowed under the from ofthe State 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 conchowdy reply upon the authority of the person from time
to time designated as the City Manger with respell to all matters, inswctions and authorizations
required hereunder.
11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be
sufficient if seat by registered or caVfied used, ream receipt requested, postage prepaid, to City
Manager, City of Bangor, City Hall, 73 Harlow Street, Bangor, 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, do Community & ]Economic Development
Dept, 73 Harlow St., Bangor, Maine 04401; or to such other respective addresses as the portion
may designate ta each other in writing from time to time.
12. CHANGES. The CITY may, from lime m time, request changes ta the scope of
Weir services of the CORPORATION to be pert ed hereunder. Such changes, including any
inardem or decrease in We meant of the CORPORATION'S compensation, which are mutually
agreed upon by and between We CTTY and We CORPORATION, shall be incorporated in written
amendments W this AGREEMENT.
O3 205
13. ANTI -KICKBACK RALES. Salaries of persons performing work under this
AGREEMENT shall be paid unconditionally and not less often (ban once a month without
deduction or rebate on my 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 msme
compliance by subcontractors with such laws.
14. EOUAL EMPLOYMENT OPPORTUNITY. During the perfrmtaace of this
AGREEMENT, the CORPORATION will not discriminate against my employee or applicant for
employment because of race, red", religion, sex, age, handicap, or national origin The
CORPORATION will take affirmative action to wasters, that applicants we employed, and that
employees are treated during employment, without regard m their race, color, religion, sex, age,
handicap or national origin.
The CORPORATION will, in all solicitations or advertisements for employees
state than at qualified applicants will receive consideration for employment without regard in
raw, color, religion, sex, age, bans icap or national origin.
15. COMPLIANCE WITH WCAL LAWS. The CORPORATION shall comply
with all applicable laws, ordinances, and modes of the State and local governments, and shall
remit no trespass on my public or private property in performing any of the work embraced by
Us AGREEMENT. The CORPORATION shall not engage in any activities, or expend my
funds 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 be July responsible to the
CITY for the acts and omissions of its subcontractors, and ofpcison; either directly or indirectly
employed by the CORPORATION.
17. INTEREST OF MEMBER OF THE CITY. No member of the governing body of
the CITY, and no other public official, officer, employee, or agent of the CITY shall have my
personal interest, direct or indirect, in this AGREEMENT.
18. INTEREST OF CORPORATION. The CORPORATION covenants that it
presently bas no interest and shall not acquire my interest, direct or indirect, which would
con0ict in my manner or degree with the performance of its services hereunder. The
CORPORATION further covemmass that in the performance of this AGREEMENT an Person
having any such interest shall be employed.
19. ACCESS TO RECORDS. The CITY, or my of its duly authortrxd
representatives shall have access to my books, documents, 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 correct books
and records showing in detail its income and expenses will permit the CITY and its
representatives to exevdne said books and records and all supporting vouchers and data any time,
and from time to time upon request by the CffY at the place in which such books and records are
customarily kept
20. REPORTS. The CORPORATION shall 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 describM in the Banwr Center Develoramord District. Municipal Developm
Frovsm and Financial Plan Fiscal Year 2004 as adopted by the Bangor City Council by its
passageofCouncil Orda03- on June 9,2003 and incorporatedheroinas Addendum A.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
at Bangor, Maine, on the day and year that above stated.
CFFY OF BANGOR
By:
Witness Edward A. Barrett
Its City Manager
BANGOR CENTER MANAGEMENT CORPORATION
By:
Witness Linda Packard
Its President
AddendumA
BANGOR CENTER
CORPORATION
Bangor Center Development District
Municipal Development Program Plan and Budget
Fiscal Year 2004
Bangor Center Corporation will use staff services available through the Deparin ent of
Community and Economic Development, and the Subcommiaees fur MwketinglEventa
Beautification, and Downtown Liaison to Carty out its fiscal year 2004 work plan.
Revenues will be derived from The special assessment levied on property owners in the
Downtown Development District Those revenues, and the carry forward bank balance
Gum fiscal year 2003, will be used to fund BCC's activities for doe next fiscal year. Total
lands estimated m be available for fiscal year 2004 are $45,128.
Personnel. BCC will subsidize the Cost of a staff person from the Deparhnent of
Commanity and Economic Development This coordinator will administer the
implementation of the adopted work plan.
Administration and Insurance. BCC will reimburse the Depamnent ofCommwoity and
Economic Development for postage, copies, and mmaials. It will also purchase
insurance at an approximate Cost of $500.
Marketing and Events Program
BCC MR Continue to position downtown as the city's arts and conned center and will
Produce events and publicity and rnerketing materials that support That image.
Activities produced by BCC will include:
• Goners
• Boliday lighting and lighting events
• Octoberfsat(in partnership with others)
• Arts on The Green (in partnership with whets)
• 4is Annual Downtown Studio Tow
• Ilownmwn Bangor Photo Show
Advertising and sponsorship venues will include:
• Bangor ChambaofCo =eVisitors Guide
• Maine Public Radio
Marketing materials will include:
• Rackbrochures
• We sitewiNmigwfeaww(s)ihangNfrequendym
encourage frequent repeat visits
BANGOR CENTER
coseornron
BCC will continue to partner with other organizations for the promotion and betterment
ofdowntowa, and the committee will take advantage of other opportunities that become
available during the year BCC will continue to encourage and participate in the
production of free seminars geared toward downtown businesses and building owners.
Downtown Liaison Program
BCC will continue to supplement the City of Burger's Police Cepamnent budget with
funding to help support bicycle Tabula and holiday season foot patrols. The Committee
will meet throughout the year with City department liaisons associated with public safety,
pedestrian, and saturator issues, and with downtown stakeholders. The Committee will
also formally welcome new businesses drat open downtown.
Beautification Program
BCC will partner with Barger Public Works and Keep Bangor Beautiful to provide
flowering plarms; and flowers for the parks during the growing season.
BCC will build on and coordinate the comprehensive street banner program.
HCC will promote and encourage activities that improve the appearance of downtown.
BANGOR CENTER
CORPORATION
Bangor Center Corporation
03-205
FY 2003 Budget FY 2004 Budget
Preliminary
Development District t.evy
39,372
40,581
Studio Tom Revenues
1,400
1,400
Photo Cornea[ Entry Fees
500
500
Estimated Carryover
7,150
2,647
Toral avaiable for spending
48,422
45,128
Personnelreivilmrs¢mento CityofHangor
12,000
12,000
Events; (net of sponsorships)
10,303
10,159
Marketing (incl. Studio Tom)
8,700
7,700
Beautification
2,500
2,500
Security
9,000
9,000
Administration and insurance
2,500
2,500
To he allocated to programs as needed
3,419
1,269
Total spending plan
48422
45,128