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HomeMy WebLinkAbout2002-06-10 02-250 ORDERItem No oz`250 Date: lune 20. 2002 Item/Subject: ORDER AUWorizing Execution of Contract wiW Bangor Center Management Corporation Responsible Department: Community & Economic Development Commentary: This Order authorizes the City Manager to execute a Contract with We Bangor Center Mavaga rent Corporation for the purpose of providing matmgement services and administration of the Development Program for the Bangor Center Development District for the period July 1, 20112 - lune 30, 2W3. The proposed budget is $45,003. The Corporation did not request general fund support for the upcoming fiscal year. The proposed Contract would provide reimbursement to the City of up to $14,500 for out of packet exposes and personnel costs in administering the program and reimburse nent w the City of up to $9,000 for additional law enforcanent services in the District (2 officers during the summer months and in December). rtment Head Manager's Comments: —6y Fb AA, „e,..f(p G_�w City Manager Associated Information: CV4t,\ Budget Approval F Legal Approval: C Splitter _ Passage _ First Reading Page _ of Referral 02-250 Assignedto Councilor aoheen Sme 10, 2002 r CITY OF BANGOR (-rCfLE.) Order, Authorizing Execution of Coramct wiW Bangor Center Management Corporation By [he Cdy Ca /ofNe Cly ofA?r . ORDERED, xanr Ne City Manager is hereby authors z a directed, on behalf of the City of Bangor, to execute a cones, a copy of which is on file in the Office of the City Clerk, with the Bangor Center Manegen= Corporation for purposes of provirling management services a administration of the development program for the Bangor Center Development District for the period July 1, 2002 - Jure 30, 2003. m Gin WMCIL i Jam lo, zgoz Nation lade and seconded p oz -2s0 for Passage Passed (TITLE.) Authorizing gsenntian of Cwtract Hth Bangor Crater Mamga¢nt CoryoraHw Assigner] to Councilor i AGREEMENT made and entered moo the'715 day of ✓U a v002, at Bangor, Maine, by and between the CITY OF BANGOR, a Maine municipality located in Penobscot County, State of Maine (herein termed the "CITY"), amd BANGOR CENTER MANAGEMENT CORPORATION, of Bangor, Pwwbscot County, State of Maine, d/b/a Bangor Center Corporation (herein termed the "CORPORATION"). WHEREAS, the CORPORATION has expertise and experience in the business of centralized management, marketing and fractional events involving the Bangor Center Development District, and WHEREAS, Ibe CITY wishes to secure the services of the CORPORATION in connection with the CITY'S efforts to promote development of the Bangor Center Development District (herein tamed "BCDD"), as an active, vital multi -functional central business district; and WHEREAS, the CITY and the CORPORATION have agreed upon the term, conditions and compensation under and pursuant to which the CORPORATION will provide such services as an independent connector with the CITY, ami do now desire and intend to set form herein the fall, sole and exclusive terms of their 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 perfomoamces to be made amd performed hereunder by the CORPORATION, and for other valuable considerations, the CITY and the CORPORATION do hereby revenant and agree as follows: 1. SERVICES. The CORPORATION shall perform and reader 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 wntrac or with the CITY, and for the sole and exclusive use amd benefit of the CITY, Namely those services and activities describW in the Jlgmr Cantor Develaoment D'arn'ed Municipal Develepadent Program and Financial Plan. Fiscal Year 2003 as adopted by the Bangor City Council by its passage of Council Order 02-247 on lure 10, 2002 and incorporated herein as Addendum A. 2. INDEPENDENT CONTRACTOR. In the rendering of the services provided for above, the CORPORATION shall at all tunes act within the limitations of this AGREEMENT. It shall not hold itself out to be an agency or office of the CITY, and shall be a all times an independent contractor with the CITY. It is understand and agreed that the CORPORATION shall, during the term of this AGREEMENT, and any extension thereof, Notwithstanding the above, the CORPORATION shall art be relieved of fiability to 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 to the CORPORATION for the purpose of semff until such time as the exact mount of damages due the CITY from the CORPORATION is determined. 7. TERMINATION BY CORPORATION. This AGREEMENT may be mtntinated by dre CORPORATION, upon the giving of thirty (30) days written notice, in the event that the CITY, for any reason, shall fail to promptly meet any of its financial obligations to the CORPORATION hereunder. 8. DELIVERY OR RECORDS. 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 act thereafter knowingly utilize any of such information or data m any manrer contrary to the interests of the CITY. 9. ASSIGNMENI. 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 cut be assigned to any third party without the prior expressed written consent of the CITY. 10. APPLICABLE LAW: CONTROL. This AGREEMENT has been made and eared into mud shall be construed under rbc Laws of the 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 0 times conclusively reply upon the authority of the person from time to time designated as the City Manager with respect to 0 matters, instructions and autberiratioas required hereunder. 11. NO110ES. Notices to the CITY provided for m this AGREEMENT shall be sufficient if sent by registered or certified mail, return 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 mad, rearm receipt requested, postage prepaid, In Bangor Conder Management Corporation, c/o Community & Economic Development Dept, 73 Harlow St., Bangor, Maine 04401; or to such other respective addresses as the parties may designate to each other m writing from time to time. 12. CHANGES. The CITY may, from time to time, request changes m dre scope of their services of the CORPORATION to be performed berwrder. Such changes, including any increase or decrease in the amount of the CORPORATION'S compensation, which are mutually agreed upon by and between the CITY and the CORPORATION, shall be incorporated in written amendments to this AGREEMENT. 13. ANTI -KICKBACK RIMES. Salaries of persons performing work under (his AGREEMENT shall be paid uncooditiwally and not less often than once a mouth 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 d is AGREEMENT to ensure compliance by subcontractors with such laws. 14. EQUAL FMPr a-iMFNT OPPGRTIINITY. During the performance of this AGREEMENT, the CORPORATION will not discrinumate against any employee or applicant for employment because of race, cola, religion, sex, age, handicap, or national origin. The CORPORATION will take affirmative action to ensure that appGcauts are employed, and then employees are treated during employment, without regard to Ncrt race, color, religion, sex, age, handicap or assumed origin. The CORPORATION will, in all solicitations or advertisements for employees am that all qualified applicants will receive consideradon fm employment without regard to race, color, religion, sex, age, handicap or national origin. 15. COMPLANCF WITH LOCM. i AWS. The CORPORATION" comply with all applicable laws, ordiwrces, and codes of the Sm and local governments, and shall commit an v..pars on any public or private property in performing arty of the work embraced by this AGREEMENT. The CORPORATION shall not engage in any activities, or exposed any funds provided by the CITY for activities not permitted under the provisions of Tide 30-A M.R.S.A. §§5251-5261. 16. SUBCONTRACTING. The CORPORATION shill be fully responsible m the CITY for the am and omissions of its subconvacmrs, and of persons either directly or indirectly employed by the CORPORATION. 17. INTEREST OF MEMBER OF THE CITY. No member of the governing body of Ne CITY, and no other public official, officer, employee, or agent of the CITY shall have any personal interest, dict or indict, in this AGREEMENT. 18. INTEREST OF CORPORATION. The CORPORATION covenants that it presently has an interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The CORPORATION farmer covenants that in the performance of Nis AGREEMENT no person having any such immreat shall be employed. 19. ACCESS TO RECORDS, The CITY, or any of its duly authorized representatives shill have access to any books, documents, papers, and records of the CORPORATION which are directly Wilmot to Nis AGREEMENT for the purpose of making audit examination, excerpts, and vanscriptiuns. The CORPORATION shall preserve all such records for a period of seven years. The CORPORATION shall maintain fall and correct books and rations showing in detail its income and expenses; will permit the CITY and its represernsuves to eremite said books and retards and all supporting vouchers and data any time, and from time to time upon request by the CITY at the place in which such books and swords are customarily kept. 20. REEOHT9. The CORPORATION shall prepare and deliver to the City Manager of the City of Bangor for distribution m the City Counting of the City of Bangor, semi-annual reports describing the CORPORATION activities and progress in perforating Os services and aoivides described in the Bannor Center Development District Municinal Development Program and Financial Plan Fiscal Your 1003 as adopted by the Bangor City Council by its passage of Council Order 02-247 on lure 10, 2002 and incorporated herein 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 WIffem y - - Edward A. Barrett Its City Manager y� BANGOR CENTTERR�//MMANAG/EMMMEE�NT C�//O�RPORATR ���� .cA .By: 4/ a_ef v� Witness � Marc Berlin Its President ' Addendum f. BANGOR CENTER CORPORATION Bangor Center Development District Municipal Development Program and Financial Plan Fiscal Year 2003 Bangor Center Corporation will use staffservices available through the Department of Community and Economic Development and the Subcommittees for Marketing/Events, Beautification, and Satanty to carry out its fiscal year 2003 work plan. Revenues will be derived from the special assessment levied on property owners in the Downtown Development District. Those revenues, and the may forward bank balance from fiscal yam 2002, will be used to fund BCC's activities for the next fiscal year. Total funds estimated to be available for fiscal year 2003 are $45,003. PersonneL BCC will subsidize the cost of a staff person from the Deparmsent of Community, and Economic Development. This coordinator will administer the implementation of the adopted work plan. 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 $400, Marketing and Events Program BCC will continue to position downtown as the city's ars and cultural center and will produce events and publicity and marketing materials that suppon that image. Activities produced by BCC will include: • Concerts • Holiday lighting and lighting events • Octoberfest • 0 Annual Downtown Studio Tour • Historic Downtown Bangor Photo Show Advertising Bud sponsorship venues will include: • Bangor Chamber of Commerce Visitum Guide • Maine Public Radio Marketing materials will include: • Rackbrochmes • Web site with unique feature(s) changed frequently to encourage frequent repeat visits BCC will continue to partner with other organizations for the promotion and betterment ofdownawn, 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. BANGOR CENTER CORPORATION Safety and Security Program BCC will continue to supplement the City of Bangor's Police Department budget with funding to help support bicycle patrols and holiday season foot patrols. ne Committee will meet throughout the year with City department liaisons associated with public safety, pedestrians and vehicular issues. Beautification Program BCC will partner with Bangor Public Works and Keep Bangor Beautiful m 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 appearance of downtown, BANGOR CENTER CORPORATION 73 HARLOW STREET BANGOR MAINE D4401 Bangor Center Corporation FY 2002 Budget FY 2003 Budget Preliminary Development District levy 41,597 39,372 Studio Tour Revenues 840 1,400 Photo Contest any Fees 10,890 500 EsfimOted Carryover 12,000 3,731 Total available for spending 54,437 45,003 Personnel reimbursement to City of Bangor 12,000 12,000 Events 10,400 10,303 Marketing (incl. Studio Tom & special mailings) 10,890 8,700 Beautification 3,900 2,500 Security 6,200 9,000 Administration and insurance 2,500 2,500 To be allocated to programs as needed 8,547 Total spending plan 54,437 45,003 3