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HomeMy WebLinkAbout2001-06-11 01-246 ORDERItem NOP1-246 Date: lune 11 3001 Item/gubJecH ORDER Authorizing Execution of Contract with Bangor Center Mamgement Corporation Responeible Department: Community ® Economic Development This Order authorizes the City Manager to cx w a Contract with the Bangor Center Management Corporation for the purpose of providing management services and administration of the Development Program for the Bangor Center Development District for the period July 1, 2001- June 30, 2002. The proposed budget is $54,437. The Corporation did not request general Pond support for the upwming fiscal Year. The proposed Contract would provide reimbursement m the City of up to $14,500 for out of pocket expenses and persomsel costs in administering the program Met reimbursement to the City of up m $5,200 for additional law enforcement services in the District (2 officers during the summer months and in December). eparhoen[ ead Manager's Comments: NmrTd/i „n(I�e¢yQ Chy Manager Associated Information Budget Approval: c Finance Director yam, Passage _ First Reading Page _ of Referral Assignvdto Cowcilor ateebye June 11, 300L s CITY OF BANGOR (MLE.) Order, Authorizing Execution of Contract with Bangor Center Management Corporation By Qty Cbrnrofofrrhe LW ofArogor. ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, b execute a contract, a copy of which is on file in the Office, of the City Clerk, with the Bogor Center Management Corporation for purposes of providing management services and admtrdstration of the development program for the Bogor Center Development District for the period July t, 2081 - June 30, 2002. IH CITY ComCIL June 11. 2001 ffitfnv Mede and Seeonw for Passage M 01-266 RTTLEJ Au[6orltien Baecutxrrp of rcT . actto Beegor Center Mmagesent Corporatioa Aunsigned to Councilor jjj xurbijIum_ Ja..a.. A aA AGREEMENT made and entered into the _ day of , 2001, at Bangor, Maine, by and between me CITY OF BANGOR, a Maine municipality located in Penobscot County, State of Maine (herein termed the "CITY"), and BANGOR CENTER MANAGEMENT CORPORATION, of Bangor, Penobscot County, Stare of Maine, d/b/a Bangor Center Corporation @crew termed the "CORPORATION"). WHEREAS, the CORPORATION has expertise and experience in the business of moralized management, mmketing and promotional events involving the Bangor Center Dwelopmant District; and WHEREAS, the CITY wishes to secure the services of the CORPORATION in connection with the CITY'S efforts on promote development of the Bangor Center Development District (herein termed "BCDD"), as an active, vied multi -functional central business district: and WHEREAS, the CITY sed the CORPORATION have agreed upon the arms, conditions and compensation under and pursuant to which the CORPORATION will provide such services as an independent contractor with the CITY, and do now desire and intent] m set form herein the full, sole and exclusive tenth 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 undermkings and performances to be made and performed hereunder by the CORPORATION, and for other valuable considerations, the CITY aM the CORPORATION do hereby covenant and agree as follows: 1, .SMICES. The CORPORATION shall perform and render management, promotional, marketing, landscaping mail supplemental law enforcement services to and for the benefit of me CITY during the Period of this AGREEMENT, as an independent contractor with the CITY, and for the sole and exclusive use sed benefit of the CITY, namely those services and activities described in the Bangor Center Development Di.ettict. Municipal Develnnment Program and Financial Plan Fiscal Year 2002 as adopted by the Bangor City Council by its passage of Council Order 00 on lune 11, 2001 and incorporated herein as Addendum A. 2. INDEPENDENT CONTRACTOR. In me rendering of the services provided for above, the CORPORATION shall at all times act within me 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 CORPORATION shall, during the term of fllls AGREEMENT, and any extension thereof, devote a majority of its time to providing such services as provided for in this Agreement. Further, R is understood that the CORPORATION shall not underuke any additional consulting or advisory services for any other client in any muter in conflict with the purposes and objectives of this AGREEMENT, or with the interests of the CITY, except with she express prior written consent of the CITY. In the event the CORPORATION pursues other activities or enterprises act contemplated hereunder within the Bangor Center Development District, such activities or enterprises shall be authorized only if the CORPORATION first makes suitable arrangements 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 round basis of Forty -One Thousand Five Handed Ninety -Seven Dollars ($41,597) 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 to the services to be rendered hereunder, shall act he the responsibility of the CITY. 4. T€RM. The term of this AGREEMENT shall cotmenee on July 1, 2001 and shall expire on love 30, 2002. 5. OPTION. The execution of this Agreement shall not be deemed to conclude an option to candmm this AGREEMENT beyond its expiration date. Any extension or condonation of this Agreement will be negotiable subject to re -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 CORPORATION'S work, the City Council's prior approval of an additional appropriation for such work. 6. TERMINATION BY CITY. This AGREEMENT may be terminated by the CITY, upon thirty (30) days advance written notice to the CORPORATION, in the "cut that (a) The CORPORATION shall fail or refuse to perform the management, rnarketing and promotional services provided for hereunder, provided, however, that no such failure shall be declared by the CITY heretMer without first giving the CORPORATION written notice of the specific details and grounds of my such alleged failure, aM a reasonable opportunity to core same; or (b) In the event the CORPORATION shall engage in my activities or business in 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 any express written instruction, authorization or prohibition given to it by the CITY, or shag be convicted of my crime. 01-346 Notwithstanding the above, the CORPORATION shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of my breach of the AGREEMENT by the CORPORATION, and the CITY may withhold any payment to the CORPORATION for the purpose of setoff mill such time as the exact amount of damages due the CITY from the CORPORATION is determined. 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 CITY, for any reason, shall fail in promptly meet any of its financial obligations to the CORPORATION hereunder. S. DELIVERY OF RB_COROS. Upon the expiration of the term or any extension thereof, or upon the termination of this AGREEMENT furnace: in either Paragraph 6 or 7 above, the CORPORATION shall deliver to the CITY all of its files and other dam, excepting only personal correspondence files, relating to my projects with respect in which it shall have been involved hereunder, and shall act thereafter Imowingly utilize any of such information or data in any Manuel contrary an the interests of the CITY. 9, ASSIGNMENT. This AGREEMENT has been made and entered ban by and between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed that this AGREEMENT may not be assigned to any third parry without the prior expressed written consent of the CITY. 10. APPLICABLE LAW W CONTROL. This AGREEMENT has been made and entered into and "I be command under the Laws of the Some 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 to all ruatters, instructions and authorizations requited hereunder. 11. NQUCES. Notices to the CITY provided for in this AGREEMENT shall be sufficient if sent by registered or certified mail, remm tannin requested, postage prepaid, to City Manager, City of Bangor, City Hall, 73 Hmlow Street, Bangor, Maine 04401; and notices to the CORPORATION in be sent by registered or certified mall, return receipt requested, postage prepaid, to Bangor Center Management Corporation, Go ComnmNty & Economic Development Dept. 73 Harlow St., Bangor, Maine 04401; or no such other respective addresses as the parties may designate in each odw in writing from time in Noe. 12.HC ANIIES. The CITY may, from me to time, request changes is the scope of their services of the CORPORATION to be performed hereunder. 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. 01-246 13. ANTLJO KRA K RULES, Salaries of persons performing work under this AGREEMENT shall be paid unoonditionally and Out less often than once a month without deduction or rebate On any =Want 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 m ensure compliance by subcontractors widr such laws. 14. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this AGREEMENT, the CORPORATION will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, or national origin. The CORPORATION will take affirmative action in ensure that applicants are employed, and Nat employees are heated during employment, without regard in their race, color, religion, sex, age, handicap or national origin. The CORPORATION will, in all solicitations or advertisements for employees sate that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. 15. COMPLTANCF WITH LOCAL LAWS. The CORPORATION shall comply with all applicable laws, ordinances, and codes of the State and local g0vervmetts, and shall commit no trespass on any public or private property in performing any of the work embraced by this AGREEMENT. The CORPORATION shall not engage iia any activities, or expend a" funds provided by the QTY for activities not permitted under the provisions of Title 30-A MR.S.A. $¢5251-5261. 16. STIBCONTRACTING, The CORPORATION shall be fully responsible m the CITY for the acts and omissions of its subcovhactors, and of persons either direc0y or indirectly employed by the CORPORATION. 17. INTEREST OF MEMBER OE THE M. No member of the governing body of the CITY, and nil other public official, officer, employee, or agent of the CITY shall have any personal interest, direct or indirect, in this AGREEMENT. 18. MEREST O . The CORPORATION covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any mamier or degree with the performance of its services hereunder. The CORPORATION further coveaanta that in the performance. of this AGREEMENT no person having any such interest shall be employed. 19. ACCESS TO RECORDS, The CITY, or any of its duly authorized representatives shall have access m any books, docamrnD, papers, and words of the CORPORATION which are directly pertinent in this AGREEMENT for the purpose of making audit examination, excerpts, and transcriptions. The CORPORATION shall preserve all such ¢cords for a period of seven years. The CORPORATION shall maintain PoII and correct books and records showing in detail is income and expenses; will permit the CITY and its rep,,ordatives to examine said hooks and records and all supporting vouchers and data any time, and from time to tune upon request by the CITY ar the place in which such books and records are cusmmarily kept. 20. REPORTS. The CORPORATION shall prepare ard deliver to the City Manager of the City of Bangor for disttlbu0on to the City Council of the City of Bangor, semi-awual reports describing the CORPORATION activities and progress in performing the services ad activities described N D'ar'n Mune' 1 Deydrliatent Programn and Financial Plan. Fiscal Y x. 2DUL as adopted by the Bangor City Council by its passage of Council Order 00- on June 11, 2001 and incorporated herein as Addendum A. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT at Bangor, Maine, on the day ad year fast above sound. Witness N71"' 2a CITY OF BANGOR By: Edward A. Barrett Its City Manager BANGOR CENTER MANAGEMENT CORPORATION By Marc Berlin Its President MDENDUH A Annus/Rep01tFY200.t ..... IN. .I..............�„..... - 1 Bangor Center Development District Municipal Development Program and Financial Plan Fiscal Year 2002 Bangor Center Corporation will use staff services available through the Department of Community and Economic Development, and the Subcommittees the Marketing/Events, Beautification, and Security to tarty not it fiscal 2002 work plan. Revenues will be mised from the special assessment levied on Property owners in the Downtown Development District Those revenues, and the wary forward bark balance from fiscal year 2001, will be used to fund BCC's activities for the next fiscal year. Total funds estimated to be available for fiscal year 2002 we $54,840. Person& BCC will supplement the salary of a staff person from the Department of Community and Economic Development. This coordirmor will administer the implementation of the adopted work plan. Administration and insurance. HCC will reimburse the Departnent of Community and Economic Development for postage, copies, and marrieds. It will also purchase insurance at an approximate cost of $400, Marketing / Events Program BCC will continue working on a program that positions downtown as the city's are and cultural center and portrays that image or is compatible with that image. Marketing efforts will integrate the following factors into their objectives: • Stimulating interest in, and support of, BCC from the downtown community • Promoting downtown to existing businesses, and entering those interested in locating downtown. • BCC will continue to identify and follow through on opportunities to collect marketing data to be shared wild downtown stvreholders. vision attraction • Special evrnts/prornmems • Providing iaSmmatioq education, and encouragement to the downtown businesses and building owners Techniques far carrying out the marketing plan will include sponsorship of carefully chosen Maine Public Radio programs, a small amount of advertising (Chamber and CVB publications), Brochures, Newodwer, Web Site, and using the BCC logo in every appropriate situation. Certain of the BCC events are specifically designed to market downown as a center of arcs and culture, and are developed and produced from that perspective. DI -246 BCC will continue to partner with other organic tions for the promotion and betterment Of (Immewn. BCC will continue to conduct market research tluougb surveys and other methods. The web site will be reviewed and given a new look. Events will be wordinated In a vartiy of ways Steve Robbins has been contracted to Produce a Summer '01 Twilight Delight" concert series, and December, '01 Holiday Tree Lighting event. The lighting event will be closely coordinated with parade activities. BCC will produce the Third Annual Open Studio Tom m November 10. Chairperson Linda Packard has an ambitious marketing plan established for the tour. Ajuried photography competition and exhibit is being organized by volunteer jurors and Ms. Burgess as a compmion even m the Studio Tour. The subject ram erofphotographs must be historic Downtown Bangor. Several organizations have indicated an interest in having the show travel to thew facilities after it has been shown Downtown. BCC will leverage its event budget with the resources of other businesses and organizations in enaumge as much positive activity as possible downtown. BCC will continue to encourage andparricipate In the production offree stoutness geared toward downtown businesses and building owners. Security Program BCC will continue in supplement the City of Bangor's Police Department budget with a gmntrosupp dbicyclepmralsandDecemberlfolidayseasonf tpatrols. The Committee will mat with City Department Heads and Staff who are associated with public safety, pedestrian, and vehicular issues. Beautification Program BCC will continue to partner with Bangor Beautiful and Bangor Public Works to provide flmordogplanters mndflowersfor the parks during the growing season. BCC volunteers to coordinate the selection of new holiday decorations, if funded by the City. BCC will mountain the comprehensive banner program that was implemented during FY 2001. BCC will promote and encourage activhier that improve the appearance of downtown. AnnoafReportFY2O01 BCC will continue to partner with other organic tions for the promotion and betterment Of (Immewn. BCC will continue to conduct market research tluougb surveys and other methods. The web site will be reviewed and given a new look. Events will be wordinated In a vartiy of ways Steve Robbins has been contracted to Produce a Summer '01 Twilight Delight" concert series, and December, '01 Holiday Tree Lighting event. The lighting event will be closely coordinated with parade activities. BCC will produce the Third Annual Open Studio Tom m November 10. Chairperson Linda Packard has an ambitious marketing plan established for the tour. Ajuried photography competition and exhibit is being organized by volunteer jurors and Ms. Burgess as a compmion even m the Studio Tour. The subject ram erofphotographs must be historic Downtown Bangor. Several organizations have indicated an interest in having the show travel to thew facilities after it has been shown Downtown. BCC will leverage its event budget with the resources of other businesses and organizations in enaumge as much positive activity as possible downtown. BCC will continue to encourage andparricipate In the production offree stoutness geared toward downtown businesses and building owners. Security Program BCC will continue in supplement the City of Bangor's Police Department budget with a gmntrosupp dbicyclepmralsandDecemberlfolidayseasonf tpatrols. The Committee will mat with City Department Heads and Staff who are associated with public safety, pedestrian, and vehicular issues. Beautification Program BCC will continue to partner with Bangor Beautiful and Bangor Public Works to provide flmordogplanters mndflowersfor the parks during the growing season. BCC volunteers to coordinate the selection of new holiday decorations, if funded by the City. BCC will mountain the comprehensive banner program that was implemented during FY 2001. BCC will promote and encourage activhier that improve the appearance of downtown. 01-PA6 Bangor Center Corporation Annua/Repoit"2001 FY 2001 Budget FY 2002 Budget Development District Levy 42,226 41,597 Studio Tour Revenues 000 840 Estimated Carryover 2,000 12,000 Total Available for Spending 45,026 54,437 Personnel reimbursement to City 12,000 12,000 Events 7,926 10,400 Marketing (incl Studio Tour).. 4,000 10,390 Newsletter/stakeholder mailings 11100 500 Beautification 8,000 3,900 Secunty 10,000 6,200 Administration and insurance 2,000 2,500 To be allocated to programs 8,547 Total Spending Plan 45,026 54,437