HomeMy WebLinkAbout1999-05-24 99-198 ORDER99-198 CODNCIL ACTION Date Kay 24. 1999 It® No. Item/Subject: Adopting Municipal Development Program and Financial Plan for the Bangor Center Development District Responsible Department: Community & Economic Development Commentary: ERRING - Prior to voting on Ws Order, the Council is required to hold a Public Hearing on the Municipal Development Program and Financial Plan for the Bangor Center Development District. The purpose of this Order is for the City Council in consider the Program to be implemented for the Bangor Center Development District. The Program has been prepared by the Bangor Center Management Corporation. Departmen eea Nasager's Cosm:ents:-PAZ -- Qy^^y C*f 7� City Manager Associated Inxormation:Q,^r eAq , O+YA'�Mn.Ku� Budget Approval: Finance Director Legal Approval: 1 y Rolicr or Introduced for x Passage First Reading Referral Page _of_ Asagned to Cnunetlw vardamis Bey 24, 1999 a,v CITY OF BANGOR �p Adopting Momripal Developmrnt Program and Financial (TITLE.)VHCi1BCp............... _.. ._. Plan for the Bangor Center Development District By flit atyC %*U oldie City of Banister. ORDERED, TWT WHEREAS, by action of the City Coancil a certain area in the downtown area has been designated as a Municipal Development District known as the Bangor Center Development District in accordance with 3 AM. R.S.A.§5253(1); and WHEREAS, 30-A M.R.S.A. § 5253(2) requires that the governing body of a Municipality shall adopt a development program far each development district; and WHEREAS, the Bangor Center Management Corporationhas recommended a Proposal development program in be adopted by the City Council, NOW, THEREFORE, BE IT ORDERED THAT the City Council of the City of Human, in accordance with 30-A M.R.S.A. § 5253(2), does hereby adopt the'Bangor Center Development District Municipal Development Program and Financial Plan, 1999-2000" as the development program for the Bangor Center Development District. Im cin cooeCll {f May 26. 1999 q Public Hearing Opened. No Ooe from the Public Spoke. Public Hearing Closed Motion for Passage Made and Secoaled' Passed CI 99-198 ORDER Title,Adopting Municipal Development Program and pinaueial Plan for the gauger Center Development Drfatriet ...................................... a. Aeefgoed to �, Ute....:... Councilman 9 AGREEMENT made and entered into the 1,9. day of dyed J6P�' 1999, at Bangor Maine, by and between the CITY OF BANGOR, a Maine municipality located in Penobscot County, State of Maine (herein fended the "CITY"), and BANGOR CENTER MANAGEMENT CORPORATION, of Bangor, Penobscot County, State of Maine, d/b/a Burglar Center Corporation (herein termed the "CORPORATION"). WHEREAS, the CORPORATION bas expertise and experience in the business of centralized management, marketing and promotional events involving the Bangor Center Development District; and WHEREAS, the CITY wishes to secure the services of the CORPORATION m connection with the CITY'S efforts to promote development of the Bangor Center Development District (herein termed WED"), as an active, vital multi -functional redrai business district; and WHEREAS, the CITY antl the CORPORATION have agreed upon the rends, 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 intend to set forth herein the fail, 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 to the CORPORATION, and of the undertakings and perfomunces m be made and performed hereunder by the CORPORATION, and for other valuable considerations, the CITY and the CORPORATION do hereby covenant and agree as follows: 1. SERVICFd. The CORPORATION shall perform and render management, promotional, marketing, landscaping mad supplemental law enforcement services m and for the benefit of the CITY during the period of this AGREEMENT, as an independent contractor with the CITY, and for the sole and exclusive use and benefit of the CITY, namely those services and activities described in the Banner Center Corporation. Proposed Work Program Plan and Budget. Fiscal as adopted by the Bangor City Council by its passage of Council Order 99-198 on May U, 1999 and incorporated herein as Addendum A. 1 RMEPENDEN1Cf1NTRACTOR. In the - rendering of the services provided for above, the CORPORATION shall at all times act within the limitations of this AGREEMENT. It sball 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 this AGREEMENT, and any extension thereof, devour a majority of its time m providing such services as provided for N this Agreement. Further, it is understood that the CORPORATION shall not undertake any additional consulting or advisory services for any other client in any manner nt conflict with (e purposes and objectives of Ws AGREEMENT, or with the interests of the CITY, except want the express prior written consent of the CITY. In the event the CORPORATION pursues other activities or enterprises not contemplated hereunder within the Bangor Center Development District, such activities or enterprises shall be authorized only if the CORPORATION first makes suitable aaavgements with the CITY by separate AGREEMENT or by amendment in this AGREEMENT. 3. FEES. The CORPORATION shall be compeasated for all services to be reedaed hereunder on an annual basis of Forty -One Thousand Seventy -One Dollars ($41,071) 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 in be reMered hereunder, shall not be the responsibility of the CITY. 4. TERM. The term of this AGREEMENT shall commence on JWy 1, 1999 aM shall expire on June 30, 2000. . 5. OPTION. The execution of this Agreement shall not be deemed to constitute an option an continue this AGREEMENT beyond its expiration dace. Arty extension or continuation of this Agreement will be negodable subject m re-negIXiation by either pam. Arty renewal of Nis Agreement by the CITY shall depend on the CITY OF BANGOR'S approval of the perforators of the CORPORATION'S work, the City Council 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 event that: (a) The CORPORATION shall fail or refuse in perform the management, marketing and promotional services provided for hereunder; provided, however, that an such failure shall be declared by the CITY hereunder without first giving the CORPORATION written notice of the specific details and grounds of any sun alleged failure, and a reasonable opportunity an cure same; cr (b) In the. event the CORPORATION shall engage in any activities or business N conflict with the interests of the CITY arising out of the CORPORATION'S obligatiom and undertakings hereunder or (c) In the event that the CORPORATION shall willfully disregard any express written instruction, authorization or prohibition gives to it by the CITY, or shall be convicted of any crime. Notwithstanding the above, the CORPORATION 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 CORPORATION, and the CITY may withhold any payment to the CORPORATION for the purpose of setoff until such time as the exact amount of damages due Bre CITY from the CORPORATION is determined. 7. TERMINAITONBYCORPORATION. This AGREEMENT maybe nominated by the CORPORATION, upon the giving of thirty (30) days written notice, in Ibe event that Bre CITY, for any reason, shall fail to promptly meet any of its financial obligations to the CORPORATION hereunder. 8. DFI VFRY OF RECORDC, 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, Bre CORPORATION shall deliver to the CITY all of its files and other data, excepting only personal correspondence files, 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 manner contrary to the interests of the CITY. 9. ASSIGNMENT. This AGREEMENT bas been made add entered into by and between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed Naz this AGREEMENT may tut be assigned to any third parry without the prior expressed written coment of the CITY. 10. APPLICABLETAW CONTROL This AGREEMENT has bern made and rnmrnd into and shall be construed under the Laws of the State of Maine including the provisions of Chapter 20'1, Municipal Development Districts, Tide 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 0 all traders, instructions and auWotirations required hereunder. 11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall be sufficient if sent by registered or cer ified mail, remm receipt requested, postage prepaid, to City Manager, City of Bangor, City NO, 73 Harlow Street, Bangor, Maine 04401; and notices to the CORPORATION to be sent by registered or certified mail, return receipt requested, postage prepaid, to Bangs Center Management Corporation, c/o Community & Economic Development Dept. 73 Harlow St., Bangor, Maine 04401; or to such other respective addresses as the parties may designee m 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 CORPORATION to be performed hereunder. Such changes, including any increase or demease in the amount of the CORPORATION'S compensation, which are mutually agreed upon by and betwren the CITY and the CORPORATION, shall be incorporated in written amendments to this AGREEMENT. 13. ANTI-KIK RIII Fc. Salaries of persons performing work under this AGREEMENT shall be paid unconditionally and not Icss often shun once a month without deduction or rebate on any account except only such payroll destructions as are permitted by law, The CORPORATION shall wooly with all applicable "Anti -Kickback" laws and shall insert appropriate provisions m all subcontracts covering work under this AGREEMENT to ensure compliance by subconhacmrs with such laws. 14. FOOAL F.WI.OYMFNT 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 to ensure that applicants are employed, and that employees are heated during employment, without regard to thein once, color, religion, sex, age, handicap or national origin. The CORPORATION will, in all solictations or advertisements for employees state that all quelled applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap or national origin. 15, COMPIIANCFWITH LOCAL LAWS. The CORPORATION shall comply with all applicable laws, ordinances, and codes of the Sate and local governments, and shall commit no trespass on any public or private property is performing my of the work embraced by this AGREEMENT. The CORPORATION shall not engage m any activities, or expend any funds provided by the CITY for activities not permitted under tlw provisions of Tide 3 A M.R.S.A. §¢5251-5261, 16. SUBCONTRACTING. The CORPORATION shall be tally responsible to the CITY for the acts and omissions of its subcontractors, and of persons either directly or VWirectly employed by the CORPORATION. 17, INTFRFRT OF MFMRFR OF THE CITY. No member of the governing body of the CITY, and no other public officid, officer, employee, or agent of the CITY shall have any personal interest, direct or indirect, in Ibis AGREEMENT. 18. INTFRMT OF CORPORATION. The CORPORATION covenants that it presently has no interest and shall not acquire any imerest, direct or Indirect, which would conflict in my matter or degree with the performance of its services hereunder. The CORPORATION brother covenants that in the performance of this AGREEMENT no person having any such interest shill he employed. 19. A(YFc� Ric. The CITY, or any of its duly auWorized representatives shall have access m any books, documents, papers, and records of the CORPORATION which are directly perdnent an firs; AGREEMENT for the purpose of making audit examination, excerpts, and transcriptions. The CORPORATION shall preserve all such records for a period of seven years. The CORPORATION shall maintain full and correct books arta records showing in detail its income and expenses; will permit the CITY and its representatives to examine said books and records aM all supporting vouchers and dam any time, and from time to time upon request by the CITY at the place in which such books and records are community kept. 20. BCPORTS. The CORPORATION shall prepare and deliver to the City Manager of the City of Bangor for distribution m the City Council of the City of Bangor, scmiarmual reports describing the CORPORATION activities aM progress in performing the services and activities described in the Fiscal as adopted by the Borger City Crowd by its passage of Co fi Order 99-198 on May 24, 1999 and incorporated herein as Addendum A. IN WITNESS WHEREOF, the parties heaven have executed this AGREEMENT at Bangor, Maine, on the day and year fust above stated. CITY OF BANGOR �''�J�/ 8Y:� W' s Edward A. Barrett Its City Manager BANGOR CENTER MANAGEMENT CORPORATION d By: Witness MarBerlin Its President Addendum A Annual Report FY99 Proposed Work Program Plan and Budget Fiscal Year 2000 Bangor Cerner Corporation will use staff services available through the Department of Community and Economic Development, and the Subcom nittas for Marketing, Beautification. Secretly. erd Events, to carry out its fiscal 2000 work plan. Revenues will be raised from the spatial assessment levied on property owners m the Downtown Development District. Those revenues, and the carry forward tank balance from fiscal year 1999, will be used to fund BCC's activities for the next final year. Total funds estimated to be available for fiscal year 2000 are $44,625. Personnel. BCC will supplement the salary of a staff person from the Department of Community and Economic Development. This coordinator will admwster the implementation of the adopted work plan. Administration and loan ran e. BCC will reimburse the Department of Community and Economic Development for postage, copies and materials It will ago purchase insurance at an approximate cost of $275. events Work Program Even, will be coardina,d in a variety of ys Steve Robbins las been committed to produce a Summer '99'Twilight Delight" convert series, and Decembeq'99 Holiday Tree Lighting event. Mrs Burgess arranged the Summer '99 macada • performance res, erd will be arranging December-99-lamary'00 events that complement the Holiday Tree Lighting and Miliemrium celebmtbm. To encourage other types of and posors, HCC may provide limited financial assistance to organbations that produce perforrrenves that supplement or replace what BCC has produced in the past. BCC will leverage its event budget with the resources of other businesses and organizations to encourage as much positive activity as possible downtown. BCC will encourage dapraduclam ffrea sem/nars geared toward downtown businesses and building owners Security Program BCC will continue m supplement the City of Bangor's Police Department budget with a S10,000 Smut to support bicycle pmrots and December Holiday season foot panob. The Committee will meet with the Police Chief and the liaison drum the P.D. throughout the year to exchange information and seek to identify improvement methods. BCC mav, work with other entities to identify potential sites outside the Downtown Development District for a Youth Carse Bkareboard Park BCC will encourage positive and safe alternatives to skateboarding and loitering downtown. Marketing Program BCC will devebp a marketing program that incorporates pasirioning'sirmegy and "image -building' elements. Marketing plan will address the following factors • Stimulating Werest in, mal support oC BCC from the downtown community • Promoting downtown to existing businesses, and assisting those imerened in locating downtown Visitor anraction • Special eventstpromotioru(BCC has specific plans to coordinate a Holiday Season "Studio Tour' downtown) • Providing information, education, and enwmagement to the downtown businesses mad Wilding owners Techniquerfor earryiag out the marketing plan will include spelling on most or all of the following: Sigm,Advertising(CWmber all CVB publications),Brochures, Newslmer, Web Site, all miscellaneous. Beautification Program BCC will continue to partner with Bangor BeamiL I all Bangor Public Works w provide Jloweringplanren ardpowersjor Meparks during tire growing season BCC will continue to enrage for the display and maintenance of tire decor five banners that were purchased jointly with Bangor Beautiful. BCC will promote and enromage activbtestha hprove Ne appearance ofdowmown. Annua/RepaltiY99 III 11110RATtON Marketing Program BCC will devebp a marketing program that incorporates pasirioning'sirmegy and "image -building' elements. Marketing plan will address the following factors • Stimulating Werest in, mal support oC BCC from the downtown community • Promoting downtown to existing businesses, and assisting those imerened in locating downtown Visitor anraction • Special eventstpromotioru(BCC has specific plans to coordinate a Holiday Season "Studio Tour' downtown) • Providing information, education, and enwmagement to the downtown businesses mad Wilding owners Techniquerfor earryiag out the marketing plan will include spelling on most or all of the following: Sigm,Advertising(CWmber all CVB publications),Brochures, Newslmer, Web Site, all miscellaneous. Beautification Program BCC will continue to partner with Bangor BeamiL I all Bangor Public Works w provide Jloweringplanren ardpowersjor Meparks during tire growing season BCC will continue to enrage for the display and maintenance of tire decor five banners that were purchased jointly with Bangor Beautiful. BCC will promote and enromage activbtestha hprove Ne appearance ofdowmown. Bangor Center Corporation Annual Report FY99 FY 1999 Budget FY 2000 Budget Development District Levy 40,871 41,071 Event Sponsorships 11,250 — Estimated Carryover 5,544 3,554 Total Available for Spending 57,665 44,625 Personnel reimbursement to Cty 12,000 12,000 Events 23,766 11,325 Marketing 5,091 5,100 Newsletter 1,775 1,200 Beautification 3,133 3,000 Security 10,000 10,000 Administration and insurance 1,900 2,000 Total Spending Plan 57,665 44,625 61I9199 99-198 "'Ni "OTHUMNIGHOUCHENUFFEU AFFAIR TAKE NOTICE THAT TOP 'KI GET OF MCI Offikere OF EGA CARY 00 EI V` I PAN U PUNIC OF in GULAULDRE with VAR A R &A RM, Am AD 1. AMOUNT, 10 HE � "A", MUM~ IN the MI PROOF EGA... BANK, N A NUNN HAPPEN NO 24 Up GRAL, M111 I I. NEIG. RE, HATI UK THIN THE RESTRICT WILL 62 A PON AN EVARTUN ITT TO BE HEARD AT TOE HEARING AN D A U OPERATOR ITT TO I LE OBJECTICIF TO THE AMOUNT OF ALLOWING ONE AT A3 JAI AT m A�MOnIO Allet TEAM P�'� DUMP IRAN Ar I OF IRA I" A.rl CRACK 01, HIC I GORE, I'Ve, TAKE, MONACO lChow 1111 Al Proposed Work Program Plan and Budget Fiscal Year 2000 Bangor Center Coryo nation will use staff services available through the Department of Community and Economic Development, and the Subcommittees for Marketing, Beautification Security, and Events, to carry ow its local 2000 work plan. Revenues will be raised 6om the special assessment levied on property owners in the Downtown Development District. Thou revenues, and the carry forward bank balance from fiscal year 1999, will be used to fund BCC's activities far the nett figal year. Total funds estimated to be available for fiscal year 2000 are $44,625. Personnel. BCC will supplement the salary ofa staff person from the Department of Community and Economic Development This unwelcome wvl admwger the implementation of the adopted work plan. Administration and insurance. BCC will reimburse the Department of Community and Economic Development for postage, copies, and alarmists. It will also purchase insurance ar an approximate cog of $275. Events Work Program Evene will be cowdwared in a variety of ys Steve Aobbiu hu been wntractedb produce a Sum ner'99,7wilight Dehghf'roneert series, and December,'99 Holiday Two Lighting event. Mrs. Burgess arranged the Summer'99 noontime performance series, and will be arranging December '99-Tanuary'M events mat complement the Holiday Tree Liglnmg and Millmudum celebrations. To encourage other types o(ard sponsors, BCC may provide limited financial assistance to organizations that produce performances that supplement or replace what BCC has produced in the put. BCC will leverage its event budget with the resources of other businesses and organisations to encourage as much positive activity u possible downtown. ECC will encourage tbeproduathm JPeeseminars geared toward downtown businesses and building owners Security Program BCC will continue to supplement the City afBanger's Police Depmmeor budget with a $10,000 grant to support bi9xle patrols and December Holiday searonfoorpalrols. The Committee will meet with the Police Chief and the liaison from the P.D. throughout the year to exchange information and seek to identify improvement methods. BCC may work with other entities to identify potential sites outside the Downtown Development District for a Youth Cenrev�ykaleboard Park BCCwillencourage positive and sa@ alternatives to skembomding and loitering downmwn. Annual Report FY 99 Marketing Program BCC will develop a marketing program that incoryomtes a'positioning"nrrategp and "image-building"ekmenta Marketing plan will address the following factors: • Stimulating interest in, and support of, BCC from the downtown community Promoting downtown to existing businesses, and assisting those interested in locating downtown • Visitor attraction • Special events/pronwtlons (BCC has specific plans to coordinate a Holiday Seamon "Studio Tour" downtown) • Providing irdormation, education, and encouragement to the downtown businesses and building owners Techniquesfor carrying out ate marketing plan will include spending an most or all of the following: Signs, Advertaing(Cbamber and CVB publications),Brochures, Newsletter, Web Site, and miscellaneous. Beautification Program BCC will continue to partner with Bangor Beautiful and Bangor Public Works to provide )lowering plamen asufflauenjor the parts during the growing 503301. BCC will continue to arrange for the display and maintenance of the decorative banners that were purchased jointly with Bangor Beautiful. BCC will promote and encourage activitiesthatimprovetheappe ceofdoemmwn 99-198 Bangor Center Corporation Annual Report FY99 FY 1999 Budget FY 2000 Budget Development District Levu 40,871 41,071 Event Sponsorships 11,250 -- Estimated Carryover 5,544 3,554 Total Available for Spending 57,665 44,625 Personnel reimbursement to City 12,000 12,000 Events 23,766 11,325 Marketing 5,031 5,100 Newsletter 1,775 1,200 Beautillcation 3,133 3,000 Security 10,000 10,000 Admimstration and insurance 1,900 2,000 Total Spending Plan 57,665 44,625