Loading...
HomeMy WebLinkAbout2000-12-11 01-54 ORDERCOUNCILACRON Item No. oI-sn Date: December 11, 2000 Item/Subject: ORDER, Authoming Ex UU n of Agreement for Services between the City of Bangor and Bangor Convention and Visitors Bureau - (City of Bangor) Responsible Department: Legal The Contract between the City and the Convention and Visitors Bureau is for services to promote the City and represent Its Interest at certain events. The Finance Committee approved at its December 4, 2000 meeting. a me k d Managers Comments: City Manager Associated Information: Agreement Budget Approval: (0p Finance Director Legal Approval: City Solickbir Introduced for Passage _First Reading Page —of Referral to Finance m Assigned to Councilor varaam:s December 11, moo CITY OF BANGOR (TITLE.) Order, Authorizing Execution of Agreement for Services between the City of Bangor and Bangor Convention and Visitors Bureau - City of Bangor ORDERED, THAT Edward A. Bartell, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute an agreement with the Bangor Convention and Visitors Bureau for a variety of services designed to promote the City, said services to be completed by June 31, 2001. The agreement shall be in a form substantially as attached hereto and approved by the office of the City Solicitor. IN CITY COOticn December 11, 2000 Passed CLERK C 01-56 (TITLE,) Authorizing emanon of agreement for Services beNeen the City of 6engar aad Berger Co ention and visitors Daresa - City Of Bmgor CONTRACT FOR SERVICES BETWEEN THE CITY OF BANGOR AND BANGOR CONVENTION AND VISITORS BUREAU AGREEMENT made and entered min the LY"dayoflW, . 2000,at Bangor, Maine, by and between the CITY OF BANGOR, a Maine municipality located in Penobscot County, State of Maine (herein termed the "CITY"), and BANGOR CONVENTION AND VISITORS BUREAU, a Maine Corporation having a place of business in Bangor, Penobscot County, State of Maine, (herein burred the "CVB"). WITNESSETH: WHEREAS, the purpose of the CVB is to foster economic impact in commerce and industry by promoting tourism and tourism initiatives for and within the City of Bangor, Maine; and WHEREAS, the CITY wishes to secure the services of the CVB in connection with the CITY'S efforts to promote development of the City of Bangor as an active, vital multi-fimttional community; and WHEREAS, the CITY and the CVB have agreed upon the terms, conditions and compensation under and pursuant to which the CVB will provide such services as an independent contractor with the CITY, and do now desire and intend to set forth herein the full, 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 an the CVB, and of the undenakings and performances to be made and performed bereunder by the CVB, and for other valuable considerations, the CITY and the CVB do hereby covenant and agree as follows: 1. SERVICES. The CVB shall perform and reader services to promote business, commerce, industry and tourism for and within the City of Bangor forthe benefit of the CITY during the period of this AGREEMENT, as an independent contractor withthe CITY, and for the use and benefit ofthe CITY. In the performance of such services, the CVB shall perform the following: (a) Video Production: The CVB will produce, or cause to be produced, a video program promoting the City of Bangor as a travel destination. The video program shall contain a streaming f ture that will allow it to be linked to an online survey instrument of the Bangor International Airport. The video program will be suitable for use at trade shows and during trade mission and we be so used by CVB and the City. The video program "I be completed and delivered to the City on or before lune 30, 2001. The City will pay the CVB atom) sum of $10,000 for said video program. The City will make periodic payments, within the discretion of the City, depending upon the progress of We completion of the video program and any balance of said payment to be made upon the completion of the video program. (b) Tourism Packaging: The CVB will product, or cause to be produced, an inbound maxim package designed to promoting the City of Bangor as a travel destination, specifically with regard to regional attractions, including sports, leisure and other such activities. The tourism packaging material sball be completed and delivered to the City on or before law 30, 2001. The City will pay the CVB a tocol sum of $2,000 for said tourism packaging. The City will make periodic payments, within the discretion of the City, depending upon the progress of the completion of the video program and any balance of said payment to be made upon the completion of the video program. (c) Welcome Center Stating: The CVB will provide staffing, equipment, nmteriuis and other good and services m might be required for the proper functioning of the Bangor International Airport's Welcome Center. The City will pay the CVB up to $2,500 for costs of operation of said Airport Welcome Center on a monthly payment schedule. (d) Convention, Tmde Show and Meeting Attendance: CVB representatives will undertake and attend no fewer than eight (8) trade shows, meetings and other events cities for the purpose of promoting the City of Bangor as a meeting venue. CVB will obtain consent from the City of Bangor prior to attending any such shows, meetings or events. Such new shows, meeting or events will be attended in conjunction with, or in lieu of, represenmtives of Bangor International Airport. The City will pay fie CVB up to $10,000 of me CVB costs ofaltending each trade show, mating or event. The City may, within its discretion, provide the CVB with an advance payment to cover the costs of said trade shows, meetings or events. (e) Co-Op/General Advertisiag: The CVB will identify and use opportunities to promote Bangor International Airport as they mise, participating when appropriate with local merchants for the purpose of achieving cost efficiencies. The City will pay the CVB up to $10,000 for the expenses incurred by the CVB in its advertising and promoting of the City of Bangor under the terms of this parairaph. (f) ResearchRaitiate New Festival Type Events: The CVB will research and develop at least one festival type event The City will pay the CVB up to $5,000 for the expenses incurred by the CVB. (g) Bevelop a Traveling "Table Top" Booth and Appropriate Signage: The CVB will develop, or cause to be developed, display materials for trade shows and other such events, said materials to be made available to the City. Expenses incurred by CVB will be reimbursed by the City up $],500. (h) Represent the City at Regional Planning: The CVB will represent the City and its interests at regional pluming meetings as they may, from time to time, occur. The City will pay the CVB up to $5,000 of the CVB costsofameMingsuchmeetings. The City may, w tbdnitsdiscredon, provide the CVB with an advance payment to cover the costs of said meetings. (i) Maintain Points of Inquiry: The CVB will continue to maintain its current website and 800 number and will continue to publish a local calenderofevents. The City will pay the CVB up w 55,000 for the expenses Incurred by the CVB. INDEPENDENT CONTRACTOR. In the rendering ofthe services provided for above, the CVB shall at all times 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 at all times an independent contractor with the CITY. It is understood and agreed that the CVB shall, during the term of this AGREEMENT, end my ascension thereof, devote a majority of its time to providing such services as provided for in this Agreement. Further, it is understood that the CVB shall not undertake any additional consulting or advisory services for any other client in any manner in conflict with the purposes and objectives of this AGREEMENT, or with the interests of the CITY, except with the express prior written consent of the CITY. In the event the CVB pursues other activities or enterprises not contemplated hereunder wimin the City of Bangor, such activities or enterprises shall be authorized only if dm CVB first makes suitable arrangements with the CITY by separate AGREEMENT or by amendment to this AGREEMENT. 3. FEES. The CVB shall be compensated and reimbursed for expenses as provided above. 4. TERM. The tennofthis AGREEMENT shall commenceon. 2000 and shall expire on 2001. 5. OPTION. Theexecutionofthis Agreanuntshallnotbedeemedtoconmiweau option to continue tiffs AGREEMENT beyond its expiration date. Any extension or continuation of Us Agreement will be subject a negotiation by either party. Any renewal of this Agreement by the CITY shall depend on the CITY OF BANGOR'S approval of the performance of the CVB'S work, and the City Council's prior approval of an additional appropriation for such renewal. 6. TERMINATION BY CITY. This AGREEh T may be terminated by the CITY, upon thirty (30) days advance written notice to the CVB, in doe event that: (a) The CVB shall fail or refuse to perform the services provided for hereunder, provided, however, that no such failure shall be declared by the CITY hereunder without first giving the CVB written notice of me specific details and grounds of my such alleged failure, and a reasonable opportunity to cure some; or (b) In the eventthe CVB shall enSage in any activities or business in conflict with the interests of the CITY arising out of the CVB'S obligations and undertakings hereunder; or (c) In the event that the CVB shall willfally disregard any express written instruction, authorization or prohibition given to it by the CITY, or shall be convicted ofany crime. Notwithstanding the above, the CVB shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the AGREEMENT by the CVB, and the CITY may withhold any payment to the CVB for the purpose of set off until such time as the exert amount of damages due the CITY fiam the CVB is determined. 7. TERMINATIONBYCVB. This AGREEhIENTmaybeterminatedbythe CVB, upon the giving of thirty (30) days written notice, in the event that the CITY, for any reason, shall fail to promptly meet my of its financial obligations to the CVB heremrder. 8. DELIVERY OF 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 CVB shall deliver to the CITY all of its files and other data, excepting only personal correspondence film, 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 any mmmet contrary m the interests of the CITY. 9. ASSIGNMENT. This AGREEMENT has been made and entered into by and between the CITY and CVB. It is agreed that this AGREEMENT may not 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 entered into and shall be construed under the Laws of the State of Maine. The CVB may at all times conclusively rely upon the authority of the person from time to time designated as the City Manager with respect to all matters, instructions and authorizations required hereunder. 11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be sufficient if sent by registered or certified mail, return receipt "united, postage prepaid, to City Manager, City of Bator, City Hall, 73 Harlow Street, Bangor, Maine 04401; and notices to the CVB to be sent by registered or certified mail, mum receipt requested, postage prepaid, to BANGOR CONVENTION AND VISITORS BUREAU, 519 Main Street Bangoq Maine 04401; or to such other respective addresses as 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 CVB to be performed hereunder. Such changes, including any increase or decrease in the amount of the CVWS compevsazion, which me mutually agreed upon by and between the CITY and the CVB, shall be incorporated in written amendments to this AGREEMENT. 13. ANTI -KICKBACK RULES. Salaries ofpersons performing work under this AGREEMENT shall be paid unconditionally and not less often than once a month without deduction or rebate on any aceomt except only such payroll deductions as me permitted by law. The CVB 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 perfammuce oftbis AGREEMENT, the CVB will act discriminate against any employee or applicant for employment because of area, color, religion, sem, age, handicap, or national origin. The CVB will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard in then once, color, religion, sex, age, handicap or national origin. The CVB will, in all solicitations or advertisements for employees state that all qualified applicants will receive conodermon for employment without regard to rete, color, religion, sex, age, handicap or national origin. 15. COMPLIANCE WITH LOCAL LAWS, The CVB shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on my public or private property in performing any of the work embraced by [Iris AGREEMENT. Ib. SUBCONTRACTING. The CVB shall he fully responsible to the CITY for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by the CVB. 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 mahout, in this AGREEMENT. 18, INTEREST OE CVB. The CVB covenants that it presently has no interest and shall not acquire my interest, direct or indirem, which "old conflict in my counter or degree with the perfommnce of its services hereunder. The CVB further ravenous that in the performance of this AGREEMENT no person having any such interest shall be employed. 19. ACCESS TO RECORDS. The CITY, or my of its duly authorized representatives shall have access to my books, documents, papers, and records of the CVB which are directly pertinent to Us AGREEMENT for the purpose of making audit examination, excerpts, and transcriptions. The CVB shall preserve all such records for a period of seven years. The CVB shall maintain full and carrier books and records showing in detail its income and expenses; will permit the CITY and its representatives to examine said books and records and all supporting vouchers and data my time, and from time to time upon request by the CITY at the place in which such books and records are customarily kept 20. REPORTS. The CVB shall prepare and deliver in the City Manager ofthe City of Bangor for distribution to the City Council of the City of Bangor, periodic reports describing the CVB activities and progess in performing the services described herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT at Bangor, Maine, on the day and year first above stated. j CITY OF BANGOR By: v Witness Edward A. Barrett Its City Manager BANGOOR(CONVENTION �)AND VISITORS BUREAU / By: ltt K, AE/ - L III Witness ���� /1ea>�er bi, iIlcr 4sY<J Its president