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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 17-151 MAY 8, 2017 April 27, 2017 1:1,280 Sublot 0 0.01 0.02 0.04 mi 0 0.025 0.05 0.1 km City of Bangor Parcel Viewer