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HomeMy WebLinkAbout1999-05-24 99-201 ORDERCOONCIL ACTION Date IXav 24. 1999 Item NO. Itmr/Subject: Authorizing Execution of Contract with Bangor Center Management Corporation Responsible Department: Community & Ecommic Development Commentary: This Order authorizes the City Member to execute 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, 1999 - lune 30, 2000. The proposed budget is $44,625. The Corporation did not request general fund support for the upcoming fiscal year. The proposed Contract would provide rei iumement to die City.of up to $t4,000 for out of pocket expenses and personnel costs in administering the program and reimbursement 0 the City of up on $10," for additional law enforcement services in the District (2 officers during the summer months and in December). Dep82tm8 86ad Manager's Containers: C -f -i D %dn Associated Iofcreation: OJ4Fr vlro*wr Finance Director Legal Approval: 'Fity Solicitoi R Passage First Reading Referral Page — of 4eeigned to Councilor iolm3o May 24, 1999 CITY OF BANGOR (TITLE) (oYbBr, Anthonang Execufion of Contract with Bavgor Center _ _. BY tie City Couull ofhia City ofBaayw ORDEREDr THAT the City Manager is hereby authorial and directed, on behalf of the City of Bangor, to execute a contrau, a copy of which is on file in the Office of the City Clerk, with the Bangor Center Management Corporation for purposes of providing management services and administration of the development program for the Bangor Center Development District for the period July 1, 1999 -June 30, 2000. IN CR3 COMB May 26, 1999 Motion for Passage Made and Seconded PassW Ci 99-201 ORDER Title, gutlorfaSng lis¢cution of Contract with H gor Curter !&nagement Corporation ...................................... ................................ � G. & v Aadgme^d to .. Fm Y.ii............ Councilman qq-e0J AGREEMENT made and entered into the — day of , 1999, at Banger, Maine, by and between the 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, State of Maine, d/b/a Bangor Center Corporation (herein termed the "CORPORATION"). WITNESSETH WHEREAS, the CORPORATION has expertise and experience in the business of convalixed management, marketing and promotional events involving the Bangor Center Development District; and WHEREAS, the CITY wishes to secure the services of the CORPORATION in connection with the CITY'S efforts to promote development of the Bangor Center Development District (herein termed "BCDD"), as an active, vital multi -functional central business district; and WHEREAS, the CITY and the CORPORATION have agreed upon the terms, conditions and compensation under and pursuant m which the CORPORATION will provide such services as an independent contractor with the CITY, and do now desire and intend m set forth herein the full, sole and exclusive terms of their AGREEMENT, NOW, THEREFORE, in consideration of the foregoing recitals, and of the payments to he made hereunder by the CITY to the CORPORATION, and of the undertakings and performances to 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. SERVICES, The CORPORATION shall perform and render management, promotional, marketing, landscaping and supplemental law enforcement services to and for the benefit of the CITY during the period of this AGREEMENT, as an independent contractor with the CITY, and for the sale and exclusive use add benefit of the CITY, namely those services and activities described in the Banor Center Ctriptmiliga. Fiscal Year 2000 as adopted by the Bangor City Council by its passage of Council Order 99-_ _ on May 26, 1999 and incorporated herein as Addendum A. 2. INDEPENDENT CONTRACTOR. In the rendering of the services provided for above, the CORPORATION shall at all times act within the 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 arm of this AGREEMENT, and any extension thereof, devote a majority of its time to providing such services as provided for in this Agreement. Further, it is understood that the CORPORATION shall not undertake any additional consulting or advisory services for any other client in any mama in conflict with the purposes and objectives of this AGREEMENT, or with the interests of the CITY, except with the express prior written consent of the CITY. In Ne 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 arrangements with the CITY by separate AGREEMENT or by amendment to this AGREEMENT. 3. FEES. The CORPORATION shall be compensated for all services m be rendered hereunder on an annual basis of Forty One Thousand Seventy -One Dollars ($41,071) for the duration of this Agreement, to the paid as needed by the CORPORATION. It is understood that the CORPORATION shall be solely and exclusively responsible for all expenses incurred by it. Itis further agreed that expenses which are not directly related m the services to be rendered hereunder, shall not be the responsibility of the CITY. 4. TERM. The term of this AGREEMENT shall commence on July 1, 1999 and shall expire on fare 30, 2000. 5. O8'f-�N. The execmion of this Agreement shall not be deemed reconstitute an option in continue this AGREEMENT beyond its expiration date. Any extension or continuation of this Agreement will be negotiable subject to re-negmiation 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 event that (a) The CORPORATION shall fail or refuse to perform the management, marketing and promotional services provided for hereunder, provided, however, that no such failure shall be declared by the CITY hereunder without first giving the CORPORATION written notice of the specific devils and grounds of any such alleged failure, and a reasonable opportunity, to cure same; or (b) N th event the CORPORATION shall engage in any activities or business in conflict with the interests of the CITY arising mat 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 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 virme 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 the CITY from the CORPORATION is determined. 7. TERMINATION BY CORPORATION. This AGREEMENT maybe terminated by the CORPORATION, upon the giving of thirty (30) days written nonce, in the event that the CITY, for any reason, shall fail to promptly mat any of its financial obligations to the CORPORATION hereunder. g. DELIVERY OF RECORDS. Upon the expiration of the term or any extension thereof, or upon the termination of this AGREEMENT purwant to either Paragraph 6 or 7 above, the CORPORATION shall deliver in 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 dam in any manner contrary to the interests of the CITY. 9. ASSIGNMFNT. This AGREEMENT has been made and entered into by and between the CITY and BANGOR CENTER MANAGEMENT CORPORATION. It is agreed that this AGREEMENT may not be assigned to any third party without the prior expressed written consent of the CITY. 10. APPI ICARI F I AW CONTROL , This AGREEMENT has been made and entered into and sball he consumed under the Laws of the Some of Maine including the provisions of Chapter 207, 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 in an matters, instructions and authorizations required hereunder. 11. NOTICES. Notices to the CITY provided for in this AGREEMENT shall he sufficient if sent by registered or certified mail, return receipt requested, postage prepaid, to City Manager, City of Bangor, City Hall, 73 Harlow Street, Burger, Maine 04401; and notices to the CORPORATION to be sent by registered or certified mail, return receipt requested, postage prepaid, to Bangor Center Management Corporation, c/o Community & Economic Development Dept. 73 Harlow SL, Bangor, Maine 04401; or to such other respective addresses as the parties may designate to each other in writing from time in time. 12. CHANG. The CITY may, from time no time, request changes in the scope of their services of the CORPORATION w be performed hereunder. Such changes, including any increase or decease 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. 13. ANTI -KICKBACK RALES. Salaries of persons performing work under this AGREEMENT shall be paid unconditionally and not less often than once a month without deduction or rebate on any account 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 to ensure compliance by subcontractors with such laws. IC 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 to ensure that applicants are employed, and that employees are treated during employment, without regard to their ram, color, religion, sex, age, handicap or national origin. The CORPORATION will, w all solicitations or advertisements for employees state that all qualified applicants will receive consideration for employment without regard in two, color, religion, sex, age, handicap or national origin. 15. COMPI IANCF WITH I nCAL LAWS. The CORPORATION shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on my public or private property in performing any of the work embraced by this AGREEMENT. The CORPORATION shall not engage in any activities, or expend any funds provided by the CITY for activities not permitted under the provisions of Title 30-A M.R.S.A. §§5251-5261. 16. SURCONTRACpING. The CORPORATION shall be fully responsible to the CITY for the xrs and omissions of its subcontractors, and of persons either directly or indirectly employed by the CORPORATION. 17. INTEREST OF MEMBER OF THE CITY. No member of the governing body of the CITY, and no other public official, officer, employee, or agent of the CITY shall have any personal interest, director indirect, in this AGREEMENT. 18. INTEREST OF CORPORATION. The CORPORATION covenants that it presently has no interest and shall not auluire any interest, direct or indirect, which would conflict in any manner or degree with Ne performance of its services hereunder. The CORPORATION further covenants 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 acres to any books, documents, papers, and records of the CORPORATION which are directly pertinent to this 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 and records showing in detail its income and expenses; will permit the CITY and its representatives to examine said books and records and all supporting vouchers and data any time, and from time to time upon request by the CITY at the place in which such books and records are customarily kept. 20. REPORTS. The CORPORATION shall prepare and deliver to the City Manager of the City of Bangor for distribution to the City Council of the City of Bangor, semi-annual reports describing Oe CORPORATION activities and progress in performing the services and activities described in the Rangtr Center Confutation, Euguased Work Program Eian said flushm. Fiscal Year 2000 as adopted by the Bangor City Council by its passage of Council Order 99-_ on May 2E, 1999 and incorporated herein as Addendum A. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT at Bangor, Maine, on the day and year first above stated. Witness 11'tt4ii CITY OF BANGOR By: Edward A. Barrett Its City Manager BANGOR CENTER MANAGEMENT CORPORATION Its president Addendum A Annua/Report Fy99 Proposed Work Program Plan and Budget Fiscal Year 2000 Bangor Center Cmpormion will use smifservic s available through the Department of Community and Economic Development, aced the Subcommittees for Marketing, Beautification, Security, and Events, to carry out its fiscal 2000 work plan. Revenues will he raised from the special assessment levied on pmpeM1y, owners in the Downtown Development District. Tbose reversom, mW the curry, forward bank balance from fiscal year 1999, will he used to fund BCC's activities for the next fiscal year. Total funds estimated to be available for fiscal year 2000 arc $44,625. Personnel. BCC will supplement the salary ofa maffperson Gom Ne Department of anarru ity and Ecommic Development. This coordinator will administer the implementation of the adopted work plan. Admiohnsition and in some". BCC will reimburse the Department of Community and Ewnomic Development for postage, copies, and materialsIt will also purchase msa race m an approximate con. of $275. Events Work Program Events wilt he cuordnmed in a variety of ways. Steve Robbins has lien contracted to produce a Stronger -99'Twilight Delight" concert series, and December, '99 Holiday Tree Lighting event. Mta Burgess arranged the Summer I" amomime perfirmance series, and will be arrmiging December'99-1aauaty'00 events that complemem the Holiday Tree Liglnbgm millenni=cekbtatbm. Toencoungeothertypesofand sponsors, BCC may provide limited financial assistance on organimtkra that produce performances that supplement or replace what BCC has produced in the past. BCC will leverage its event budget with the resources of other businesses and organimtiom to encourage as much positive activity as possible downtown. BCC will encourage the lamination offine seminars geared to ward downtown businesses and building owners Security Program BCC will continue to supplement the City of Bangor's Police Department budget with a $10,000 grant to support bicycle pmrob and December Holiday season foot Patrols. The Committee will meet with the Police Chief and the liaison Gam the P.D. throughout the year to exchange information and seek to identify improvement methods. BCC nuav, work with other entities to identify potential sites outside the Downtown Developmem District for a Youth Ceme ZAateboard Park BCCwillencourage Positive and mfe alternatives to skateboarding and loitering downtown. ?10_ — Annua/RepottFY99 Marketing Program BCC will develop a marketing program that incorporates a `posir a sing"srmregy and smag,baildfng^elements. Marketing plan will address the following factors: Stimulating interest in, and support of BCC from the downtown community promoting downtown m existing businesses, and assisting those interested in locating downtown Visitor attraction • Special event9promotions(BCC has specific plans to coordinate Holiday Season "Studio Tout' downtown) Providing information, education, and encouragement to the downtown businesses and building owners Seckniquesfor carrying am rke marketing plan will include spending on non or all of the following: Sigm, Advsrlidag (Chamber and CVB publications), Brochures, Newsletter, Web Site, an, ndscellaneoua SeautificaLion Program BCC will continue to partner with Bangor Beamiful an, Bangor Public Works to provide Jlc"nagplanrers and lonenfor theparks during the growing season. BCC will continue to strange for the display and maintenance of the decorarire banners that were parcbascd jointly with Bangor Beautiful. BCC will promme andencoumge activities that improve the appearance ofdowntowa Annual Report FY 99 Bangor Center Corporation H 1999 Budget FY 2000 Budget Development District Levy 40,871 41,071 Event Sponsorships 11,250 — Estimated Carryover 5,599 3,554 Total Available for Spending 57,665 94,625 Personnel reimbursement to City 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