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
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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