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