HomeMy WebLinkAbout2017-05-08 17-151 ORDERCOUNCIL ACTION
Item No. 17-151
Date: May 8, 2017
Item/Subject: ORDER, Authorizing the City Manager to Execute a City Property
Usage Agreement between the City of Bangor (the "City") and the Bangor Daily News
("BDN").
Responsible Department: Parks and Recreation
Commentary: This order will authorize the City Manager to execute a property usage
agreement with the Bangor Daily News for the purposes of placing repurposed
newspaper boxes on City property. If approved, the boxes would be used for
distributing free waterfront/downtown business promotional materials at locations along
Railroad and Front Streets. The publication is part of the Bangor Daily News Waterfront
Business Promotion project. This Usage Agreement outlines the terms and conditions
of this use.
This item was reviewed and approved at the May 1st, 2017 Government Operations
Committee Meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading
Referral
Tracy Willette
Department Head
lYV\ (, V
City Manag
Finance Director
Page 1 of 1
Solicitor
Assigned to CouncilorFaircloth
CITY OF BANGOR
17-151
MAY 8, 2017
(TITLE.) Order, Authorizing the City Manager to Execute a City Property Usage
Agreement between the City of Bangor (the "City") and the Bangor Daily News
("BDN").
WHEREAS, The Bangor Daily News wishes to utilize locations along Railroad
and Front Streets for the purposes of placing repurposed newspaper boxes
on City property as part of the BDN Waterfront Business Promotion Project
for the purpose of distributing free promotional brochures.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT
Catherine M. Conlow, City Manager, is hereby authorized to execute a City Property Usage
Agreement with the Bangor Daily News for the purposes of placing repurposed newspaper
boxes along Railroad and Front Streets on City property as part of the BDN Waterfront Business
Promotion Project for the purpose of distributing free promotional brochures. Said agreement
shall be in a final form as approved by the City Solicitor.
IN CITY COUNCIL
MAY 8, 2017
CO 17-151
PASSED
CITY CLERK`
17-151
MAY 8, 2017
CITY PROPERTY USAGE AGREEMENT
This agreement is made this day of , 2017 by and between the City of Bangor,
73 Harlow Street, Bangor, Maine, (hereafter referred to as "The City") and the Bangor Daily News, 1
Merchants Plaza, Bangor, Maine, (hereafter referred to as "BDN")
WHEREAS, The BDN wishes to utilize locations along Railroad and Front Streets for the purposes of
placing repurposed newspaper boxes on City property as part of the BDN Waterfront business
promotion project for the purpose of distributing free promotional brochures.
NOW THEREFORE, The City and The BDN mutually agree to the following terms and conditions
allowing said use as follows:
1. Placement of each newspaper box will be at the final discretion of the City. The newspaper boxes
shall not be affixed to any property of the City of Bangor or to any tree, shrub or bush. The City
reserves the right to have the newspaper box(s) relocated or removed if necessary. The City will
coordinate this with the individual responsible for the BDN Waterfront business promotion project.
2. The BDN shall appoint an individual(s) to monitor and otherwise be responsible for each newspaper
boxes placed on City property.
3. The BDN may start to place dispenser boxes in the agreed locations on or after the day of May,
2017 and shall be responsible for the removal of all repurposed newspaper boxes no later than the
day of November, 2017.
4. The BDN shall be responsible for any damage to property belong to the City of Bangor and for
cleaning around the area used for the placement of the dispenser boxes.
5. The BDN shall comply with all federal, state, and local laws, regulations, and ordinances.
6. The BDN is permitted to affix informational signs to each box. These signs will be for program
information and shall not include advertising. The BDN shall include disclaimer signage approved by
the City absolving the City of any responsibility for the contents of the boxes or promotional material.
7. General Indemnification — The BDN shall defend and hold the City of Bangor, and its inhabitants,
officers, employees and agents completely harmless from and against any and all liabilities, losses, suits,
claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any
property, including all reasonable costs for investigation and defense thereof (including but not limited
to reasonable attorneys' fees, court costs, and expert witness fees), any nature whatsoever arising out of
or incident to this Agreement and/or the use, occupancy, conduct, or management of the premises or the
acts or omissions of the BDN's officers, agents, employees, contractors, subcontractors, licensees, or
invitees, unless such injury, death, or damage is caused by the negligence of the City of Bangor. The
BDN shall give to the City of Bangor reasonable notice of any such claims or actions. The BDN shall
also use counsel reasonably acceptable to the City of Bangor in carrying out its obligations under this
Agreement.
17-151
MAY 8, 2017
B. Lessee's Waiver of Workers' Compensation Immunity - The BDN hereby expressly agrees that
it will defend, indemnify and hold the City of Bangor, its inhabitants, officers, employees and agents
completely harmless from any and all claims made or asserted by the BDN's agents, servants or
employees arising out of the BDN's activities under this Agreement. For this purpose, the BDN hereby
expressly waives any and all immunity it may have under the Maine Workers Compensation Act in
regard to such claims made or asserted by the BDN's agents, servants or employees. The
indemnification provided under this paragraph shall extend to and include any and all reasonable costs
incurred by the City of Bangor to answer, investigate, defend and settle all such claims, including but
not limited to the City of Bangor's costs for reasonable attorneys fees, expert and other witness fees , the
cost of investigators, and payment in full of any and all judgments rendered in favor of BDN's agents,
servants or employees against the City of Bangor in regard to claims made or asserted by such agents,
servants, or employees.
8. The BDN shall at its own expense provide commercial liability insurance in an amount not less than
$1,000,000 per accident and $1,000,000 aggregate coverage for all claims arising out of the named
insured's activities on the premises. The City shall be provided with certificates of insurance evidencing
such coverage, which shall name the City of Bangor as an additional insured.
9. Any amendments to this agreement shall be in writing.
10. This agreement constitutes the entire agreement between the City of Bangor and The Bangor Daily
News.
The undersigned hereby warrant and represent that they have proper authority to enter into this
agreement on behalf of their respective parties.
Witness
Witness
CITY OF BANGOR
Name:
Title:
BANGOR DAILY NEWS
Name:
Title:
ArcGIS Web Map
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