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