City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
The purpose of this Code is to establish ethical standards of conduct for all City employees, City Councilors and board and commission members by setting forth those acts or actions deemed to be in conflict or incompatible, or to create the appearance of conflict or incompatibility, with the best interests of the City of Bangor.
There are certain provisions of the general statutes of the State of Maine which should, while not set forth herein, be considered an integral part of this code. Accordingly, the provisions of the following sections of the general statutes of the State of Maine, as may be amended, are hereby incorporated by reference and made a part of this Code of Ethics and shall apply to all City employees, City Councilors, board members and commission members of the City of Bangor whenever applicable as if more fully set forth therein:
A. 
17 M.R.S.A. § 3104, Conflicts of interest; purchases by the state.
B. 
17-A M.R.S.A. § 456, Tampering with public records or information.
C. 
17-A M.R.S.A. § 602, Bribery in official and political matters.
D. 
17-A M.R.S.A. § 603, Improper influence.
E. 
17-A M.R.S.A. § 604, Improper compensation for past action.
F. 
17-A M.R.S.A. § 605, Improper gifts to public servants.
G. 
17-A M.R.S.A. § 606, Improper compensation for services.
H. 
17-A M.R.S.A. § 607, Purchase of public office.
I. 
17-A M.R.S.A. § 608, Official oppression.
J. 
17-A M.R.S.A. § 609, Misuse of information.
K. 
17-A M.R.S.A. § 903, Misuse of entrusted property.
L. 
21-A M.R.S.A. § 504, Persons ineligible to serve.
M. 
30-A M.R.S.A. § 2605, Conflicts of interest.
N. 
30-A M.R.S.A. § 5122, Interest of public officials, trustees or employees.
[Added 10-23-2017 by Ord. No. 17-363]
A. 
The purpose of this provision is to clearly establish the expectation of unbiased, fair, impartial, and equitable treatment of all persons.
B. 
City Councilors, City employees, board members, and commission members shall conduct themselves in a manner that does not discriminate unlawfully against any person because of race, color, religion, sex, national origin, age, physical or mental disability, genetic information, gender, gender identity, sexual orientation, socioeconomic status, cultural group, or political status.
C. 
All persons, irrespective of personal characteristics or other distinctions, to include, but not limited to, race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, cultural group, or political status, shall be treated in the same basic manner under the same or similar circumstances.
A. 
No City employee, City Councilor, board member or commission member shall participate directly, by means of deliberation, approval or disapproval or recommendation, in the purchase of goods and services for the City and the award of any contracts with the City, except as permitted under the City's Purchasing Regulations and under the laws of the State of Maine, where to his or her knowledge there is a financial interest, or special interest other than that possessed by the public generally, in such purchase or award held by:
(1) 
That individual or a member of his or her immediate family;
(2) 
A business in which that individual or a member of his or her immediate family serves as an officer, director, trustee, partner or employee in a supervisory or management position; or
(3) 
Any other person or business with whom or with which that individual or a member of his or her immediate family is in business or is negotiating or has an arrangement concerning future employment.
B. 
No City Councilor, board member or commission member shall participate, by means of deliberation, approval or disapproval or recommendation, in the decision to hire, promote, discipline, lay off or to take any other personnel action in respect to any applicant for City employment or City employee where said applicant or employee is:
(1) 
A member of the Councilor's, board member's or commission member's immediate family; or
(2) 
A person with whom either the Councilor, board member, commission member or a member of his or her immediate family is in business.
C. 
Employees.
(1) 
Except as authorized under the City's published Personnel Rules and Regulations, no City employee shall participate, by means of deliberation, approval or disapproval or recommendation, in the decision to hire, promote, discipline, lay off or to take any other personnel action in respect to any applicant for City employment or City employee where said applicant or employee is:
(a) 
A member of the City employee's immediate family; or
(b) 
A person with whom either the City employee or a member of his or her immediate family is in business.
(2) 
Action by a City employee shall be deemed authorized under this subsection when such action is permitted under the City's published Personnel Rules and Regulations or when the City Council has waived those rules so as to allow creation of a supervisory relationship that would otherwise violate the published rules.
[Amended 10-25-2004 by Ord. No. 04-249]
No City employee, City Councilor, board member or commission member shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall he or she use such information to advance his or her financial, special, or personal interest or the financial, special, or personal interest of others. For purposes of this section, the term "confidential information" shall mean any information, oral or written, which comes to the attention of, or is available to, such City employee, City Councilor, board member or commission member only because of his or her position with the City and is not a matter of public record. Information received and discussed during an executive session of the Bangor City Council or any City agency called pursuant to 1 M.R.S.A. § 405 et seq. shall be considered within the constraints of this section and shall not be disclosed to any third party unless permitted by affirmative vote of such body.
[Added 10-23-2017 by Ord. No. 17-364]
A. 
This provision provides parameters to be followed when using social media while working or during activities related to work for the public. Its purpose is to offer a means to distinguish between personal opinions or comments and opinions or comments in one's official capacity. Its intent is to respect protected speech and First Amendment rights.
B. 
The use of online social networks can blur the lines between private opinions and comments and those that are made in one's official capacity. Any use of social media by a person associated with the City may be perceived as representing the City and City government. Hence, discretion and caution are needed.
C. 
Social media refers to online communications tools, including but not limited to online social networks such as Facebook, professional networks such as Linkedin®, microblogging tools such as Twitter and Tumblr, photograph and video sharing sites such as Pinterest and YouTube, and personal blogging and online forum sites.
D. 
All those governed by the Code of Ethics must, on their personal social media accounts, include a qualifying statement that substantially adheres to the following form: "The views I express on this site are my own and do not reflect any official view or position of the City of Bangor."
Inappropriate uses of private social media include, but are not limited to:
(1) 
Disclosure of confidential or proprietary information about or relating to the City, its customers, or its employees, private citizens, or private businesses;
(2) 
Any statements or posted materials that could reasonably be considered to represent the views or position of the City or one of its departments, unless an official position has been taken;
(3) 
Posting or messaging in a manner that could reasonably give rise to an expectation that someone contacting the person would receive an official response.
A. 
No City employee, City Councilor, board member or commission member shall accept any gift, favor or thing of value, whether in the form of service, loan, thing or promise, from any person or business which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City, nor shall any City employee, City Councilor, board member or commission member:
(1) 
Accept any gift, favor or thing of value that tends to influence that individual in the discharge of his or her official duties; or
(2) 
Grant in the discharge of his or her official duties any improper favor, service or thing of value.
B. 
Nothing herein shall prohibit the acceptance of gifts or favors by City employees, City Councilors, board members or commission members from members of their immediate families. In determining whether a violation of this section has occurred, the Board of Ethics, in cases referred to it pursuant to § 33-21 of this code, shall consider the monetary or pecuniary value of the gift, favor or thing received; any special economic value the gift, favor or thing received may have to the recipient; the circumstances under which the gift, favor or thing concerned was received; and whether a public disclosure of the receipt was made by the recipient at the time.
No City employee, City Councilor, board member or commission member shall use or permit the use of any City-owned property, including but not limited to motor vehicles, equipment and buildings, for any private purposes. Nothing herein shall prohibit use of City buildings and equipment at rates and/or on terms as may be established. Nothing herein shall prohibit the use of City equipment or motor vehicles by City employees in accordance with written policies established by the City Council, City Manager or City department head concerned, nor shall this code be deemed to prohibit private use of surplus City property legally disposed of by the City or its departments in compliance with established procedures.
[Added 1-11-1999 by Ord. No. 99-46]
The following provisions apply to solicitations by City of Bangor officials and employees for the benefit of the City or for the support of City programs or activities.
A. 
City Council. No member of the City Council, during his or her term of office, shall solicit donations of money, property or items of value from any individual or business for the benefit of the City of Bangor or for the support of any City program or activity. No City Council member may directly receive or accept any such donation, whether or not solicited by the Council member concerned. This subsection does not prohibit the following:
(1) 
Solicitations of individuals related to the Councilor concerned by blood, marriage or adoption;
(2) 
Solicitations of businesses in which the Councilor concerned holds an equity interest as proprietor, partner or shareholder;
(3) 
General statements of support for particular fund-raising efforts, provided that the statements of support are directed at the public at large and not at any particular individual or business; and
(4) 
Solicitations expressly authorized by City Council ordinance or order.
B. 
City Manager. The provisions of § 33-9.1A shall apply to the City Manager.
C. 
City officials.
(1) 
No City official with approval authority over any City-issued permit, license, benefit or contract shall solicit donations of money from any individual or business for the benefit of the City of Bangor or for the support of any City program or activity.
[Amended 10-25-2004 by Ord. No. 04-249]
(2) 
Officials subject to the provisions of this subsection include the following:
(a) 
City Clerk.
(b) 
Planning Officer.
(c) 
Police Chief.
(d) 
Director, Community and Economic Development.
(e) 
Fire Chief.
(f) 
Code Enforcement Officer.
(g) 
City Code inspectors, building inspectors, fire inspectors and engineering inspectors.
(h) 
City Engineer.
(i) 
City Solicitor.
(j) 
Assistant City Solicitor.
(k) 
Parking Administrator.
(l) 
City Assessor.
(m) 
Purchasing Officer.
(n) 
Finance Director.
(o) 
Housing Coordinator.
(p) 
Airport Director.
(q) 
Director of Health and Community Services.
[Amended 11-14-2007 by Ord. No. 07-319]
(r) 
Director of Government Operations.
(s) 
Director of Public Services.
[Amended 2-14-2011 by Ord. No. 11-061]
(t) 
Director of Business and Economic Development.
(3) 
This subsection does not prohibit the following:
(a) 
Solicitations of individuals related to the official concerned by blood, marriage or adoption;
(b) 
Solicitations of businesses in which the official concerned holds an equity interest as proprietor, partner or shareholder;
(c) 
General statements of support for particular fund-raising efforts, provided that the statements of support are directed at the public at large and not at any particular individual or business;
(d) 
Solicitations expressly authorized by City Council ordinance or order;
(e) 
Applications for funding or grants from an established public agency or charitable foundation; and
(f) 
Assessment and collection of franchise fees, taxes, fees for services, rent, development impact fees and other amounts owed to the City.
(g) 
Officials subject to this paragraph may solicit donations of property and items of value, other than money, for the benefit of the City or for the support of City programs or activities, if the solicitation has been authorized by the City Council Finance Committee and is reasonably within the normal scope of the official's duties.
D. 
Nonschool City employees. City employees, other than School Department employees, shall not solicit donations of money, property or items of value from any individual or business, for the benefit of the City of Bangor or for the support of any City program or activity, without prior approval by the City Manager, City Council, or City Council Finance Committee. This subsection does not prohibit activities listed in § 33-9.1C(3)(a) through (f). All funds, property and items of value received as a result of such solicitations shall be processed and deposited in the manner prescribed by the City Finance Director.
E. 
School Department employees. No employee of the Bangor School Department shall solicit donations of money, property or items of value for the benefit of the School Department, except in the manner prescribed by the Bangor School Committee or Superintendent.
A. 
No City employee shall appear on behalf of any third party interest before any City agency or represent a third party interest in any action, proceeding or litigation in which the City or one of its agencies is a party. Nothing herein shall prohibit any City employee from appearing as a witness when duly called by a party for the purpose of giving nonprivileged testimony before any City agency or in any such action, proceeding or litigation. Nothing herein shall prohibit any City employee, on behalf of his or her personal interest, from appearing before any City agency.
[Amended 10-25-2004 by Ord. No. 04-249]
B. 
No City Councilor shall either appear on behalf of any third party interest before any City agency or represent a third party interest in any action, proceeding or litigation in which the City or one of its agencies is a party. Nothing herein shall prohibit a Councilor, on behalf of a constituent in the course of his or her duties as a representative of the electorate, or any Councilor, on behalf of his or her personal interest, from appearing before a City agency.
C. 
No board or commission shall appear on behalf of any third party interest before a City agency of which he or she is a current member. Nothing herein shall prohibit a board member or commission member, on behalf of his or her personal interest, from appearing before any City agency, including that of which he or she is a current member, but such board member or commission member shall not deliberate or vote on the item concerned.
A. 
Deliberation and vote prohibited. No City Councilor, board member or commission member shall, in such capacity, participate in the deliberation or vote, or otherwise take part in the decisionmaking process, on any agenda item before his or her collective body in which he or she or a member of his or her immediate family has a financial or special interest, other than an interest held by the public generally.
B. 
Disclosure of conflict. Any City Councilor, board member or commission member who believes that he or she or a member of his or her immediate family has a financial or special interest, other than an interest held by the public generally, in any agenda item before his or her collective body shall disclose the nature and extent of such interest, and the City Clerk or his or her designee shall make a record of such disclosure. Such disclosure shall be made no later than the date of the first meeting of the City Council, board, commission or committee thereof at which the agenda item concerned is to be taken up for consideration, recommendation, discussion or vote and at which the City Councilor, board member or commission member is present. Additionally, any City Councilor, board member or commission member who believes that any fellow City Councilor, board member or commission member, or a member of such fellow City Councilor's, board member's or commission member's immediate family has a financial or special interest, other than an interest held by the public generally, in any agenda item before his or her collective body shall disclose the nature and extent of such interest, and the City Clerk or his or her designee shall make a record of such disclosure.
C. 
Determination of conflict. Once the issue of conflict has been raised relative to an individual City Councilor, committee member, board member or commission member and disclosure has been made as provided above, such individual's fellow City Councilors, committee members, board members or commission members shall review the facts as disclosed to them and shall vote on whether or not such individual has a financial or special interest with respect to the agenda item concerned. All conflict of interest questions relating to a particular agenda item shall be resolved prior to any consideration of the item concerned, and each City Councilor, committee member, board member or commission member present shall be entitled to vote on all conflict of interest questions except those questions pertaining to that individual Councilor's, committee member's, board member's or commission member's alleged conflict of interest.
(1) 
All votes of conflict of interest questions shall be recorded. A majority vote shall determine the question, but a vote by committee may later be reviewed by the full City Council upon the City Council's consideration of the same agenda item.
(2) 
Upon determination that a conflict of interest in fact exists, the City Councilor, committee member, board member or commission member concerned shall be excused from participating in discussion, deliberation or vote on the relevant agenda item.
(3) 
In lieu of the vote required by this subsection, the City Council, upon motion and by majority vote, may refer the conflict of interest question to the City Board of Ethics in accordance with § 33-21 of this code or may table its consideration of the relevant agenda item. In the event that a majority of the City Council, board or commission concerned, or committee thereof, shall require disclosure of further information not immediately available or shall require confirmation of the information disclosed, consideration of the relevant agenda item shall be postponed to an appropriate time.
D. 
Avoidance of appearance of conflict. To avoid the appearance of a violation of this section, once any individual City Councilor, board member or commission member is determined to have a conflict of interest in respect to any agenda item and once all conflict of interest questions relating to the agenda item concerned have been determined as provided in Subsection C above, said individual shall immediately remove himself or herself from the meeting room. He or she shall not return to his or her regular seat as a member of the body until deliberation and action on the item is completed. If the item has not been finally resolved when the conflict of interest is first determined, said individual shall not be present for any subsequent action on the agenda item. Nothing herein shall require an individual Councilor, board member or commission member to remove himself or herself for any item contained on a consent agenda on which there is no deliberation, the individual's conflict has been determined by the other members and the right to abstain from voting on the item has been granted.
[Amended 10-13-2010 by Ord. No. 10-304]
E. 
Personal interest. Nothing herein shall be construed to prohibit any City Councilor, board member or commission member from representing his or her own personal interest by appearing before his or her collective body on any such agenda item.
F. 
Municipal budget.
[Added 3-26-2018 by Ord. No. 18-136]
(1) 
Notwithstanding the provisions of §§ 33-11 and 33-11.1, no City Councilor shall abstain from or be prohibited from voting on the municipal budget when it comes before the Council on a Council agenda for approval.
(2) 
If during the Council discussion of the approval of the municipal budget the Council decides to deliberate upon a line item of the budget on which a councilor has been previously determined to have a conflict or has previously abstained, then the Councilor shall not participate in the deliberations on that particular line item. Upon the conclusion of any such deliberation, the Councilor shall continue to participate in other budget deliberations and vote on the municipal budget.
(3) 
It is the intent of this provision that all Councilors shall participate in the deliberation and vote on the municipal budget when it is presented to the Council for approval, but that no Councilor shall participate in a deliberation on or vote on any specific provision in the municipal budget for which the Councilor has previously been determined to have a conflict or has previously abstained.
[Added 10-23-2017 by Ord. No. 17-365]
Any City Councilor, board member or commission member who believes that he or she or a member of his or her immediate family has a special or financial interest, other than an interest held by the public generally, in any agenda item before his or her collective body may, after disclosure of the nature and extent of such interest, publicly state his or her intent to abstain from participation in the deliberation or vote, or otherwise taking part in the decisionmaking process on the agenda item. However, the City Council, board, or commission may by motion and vote determine that there is no conflict and that the City Councilor, board member or commission member shall not be permitted to abstain from participating and voting on the agenda item.
[Amended 6-11-2007 by Ord. No. 07-174; 8-27-2012 by Ord. No. 12-266]
Within 15 days after each annual municipal election every City Councilor and School Committee member shall file a completed disclosure form with the City Clerk. Within 30 days after his or her appointment, every board member and every commission member shall file a completed disclosure form with the City Clerk. Such disclosure forms shall be under oath and shall contain the following information to the best of the disclosing party's knowledge and belief:
A. 
The name of each person or entity, whether incorporated or not, doing business with the City in an amount in excess of $1,000 during the preceding calendar year from which such disclosing party, his or her spouse, or member of his or her immediate family actually residing in the household has received money or other thing of value in an amount in excess of $1,000 during the preceding calendar year, including but not limited to campaign contributions, where applicable.
B. 
The name of each entity, whether incorporated or not, doing business with the City in an amount in excess of $1,000 for the preceding calendar year in which such disclosing party, his or her spouse, or member of his or her immediate family actually residing in the household has a financial interest in an amount in excess of $1,000, including but not limited to the ownership of shares of stock.
C. 
The name of each nonprofit and/or for-profit entity, whether incorporated or not, for which such disclosing party, his or her spouse, or member of his or her immediate family actually residing in the household holds a position of officer or member of any board.
(1) 
For each such entity, such disclosing party shall provide the following information:
(a) 
A brief description of the purpose of each board and/or office;
(b) 
A short summary of such disclosing party's or family member's duties relative to any such board and/or office;
(c) 
The term of service on each such board and/or office; and
(d) 
Whether or not such disclosing party or family member receives compensation for service on such board and/or office and the extent to which such compensation exceeds $100 in the aggregate annually.
(2) 
For purposes of this subsection, "compensation" shall include, but not be limited to, monetary compensation, gifts, gratuities, perks, fringe benefits, services and any other thing of value.
D. 
Every City Councilor, board member and commission member shall amend his or her annual disclosure statement as may be required from time to time to ensure the continued accuracy thereof. Each such amendment shall be made within 15 days following the occurrence which requires the amendment.
E. 
The City Clerk shall deliver a copy of each completed disclosure statement to every fellow member of the City Council, board or commission of each disclosing party within 30 days after the expiration of the filing period.
F. 
For purposes of this code, a list prepared by the Finance Director of those persons or entities doing business with the City in an amount in excess of $1,000 for the preceding year shall be determinative for purposes of reporting under this section. Income from, and financial investments in, policies of insurance and deposits in accounts from commercial or savings banks, savings and loan associations or credit unions and the ownership of less than 5% of the outstanding shares of stock in a publicly held corporation shall not be considered to be a financial interest within the meaning of this section.
No City employee, City Councilor, board member or commission member shall participate in any political activity which would be in conflict or incompatible with the performance of his or her official functions and duties for the City. In conjunction therewith, no City employee, City Councilor, board member or commission member may use his or her official authority or position for the purposes of influencing or interfering with or affecting the results of any election, nor shall he or she solicit funds or contributions or accept or receive funds or contributions from City employees for political purposes. No City Councilor, board member or commission member may distribute pamphlets or handbills while he or she is performing official functions and duties with the City. Nothing herein shall be construed to prohibit any City employee, City Councilor, board member or commission member from participating in the political process in their private capacity as candidates for elected office or as private citizens.
No City employee, City Councilor, board member or commission member shall occupy any other office, elected or appointed, in any other governmental entity when the duties of such office are incompatible with the proper discharge of his or her official duties with the City. For purposes of this code, the occupancy of any office, elected or appointed, with any other governmental entity by any City Councilor, board member or commission member is hereby prohibited in the following circumstances:
A. 
Where the duties of the other office make it a physical impossibility to discharge the duties of the City position;
B. 
Where one office is subordinate to the other;
C. 
Where one office carries the power of removal of the other; or
D. 
Where the occupancy of both offices is prohibited by the City Charter or by other provisions of law.
The provisions of this section shall apply to all persons doing business with the City of Bangor as vendors, suppliers or contractors, including potential vendors, suppliers and contractors submitting bids or proposals in response to a City solicitation or advertisement.
A. 
Gratuities and kickbacks.
(1) 
Gratuities. It shall be a violation of this code for any person to offer, give or agree to give any City employee, City Councilor, board member or commission member a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or award pertaining to a City purchase order, contract, construction contract or professional services contract or with respect to any solicitation, advertisement, request for bids, request for proposals or any bid, proposal or other response thereto.
(2) 
Kickbacks. It shall be a violation of this code for any person to solicit, offer, give, accept or receive any undisclosed gratuity or offer of employment in connection with the award or potential award of any subcontract or contract modification or change order under a City of Bangor prime contract for construction, procurement or professional services. To be valid, any disclosure under this subsection must be made in writing to the City of Bangor Purchasing Agent prior to the date of opening of any proposals or bids on the prime contract concerned. Notwithstanding an otherwise valid written disclosure, it shall be a violation of this code to solicit, offer, give, accept or receive any such gratuity or offer of employment in violation of applicable state or federal law.
B. 
Prohibition against contingent fees. It shall be a violation of this code for a person to be retained, or to retain a person, to solicit or secure a City contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.
C. 
Prohibition against discriminatory conduct. It shall be a violation of this Code for any person to discriminate unlawfully against any person because of race, color, religion, sex, national origin, age, physical or mental disability, genetic information, gender, gender identity, sexual orientation, socioeconomic status, cultural group, or political status. All persons doing business with the City shall treat all persons in the same basic manner under the same or similar circumstances irrespective of personal characteristics or other distinctions, to include, but not limited to, race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, cultural group, or political status.
[Added 10-23-2017 by Ord. No. 17-366[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections C through E as Subsections D through F, respectively.
D. 
Recovery of value transferred or received in breach of ethical standards; other penalties.
(1) 
General provisions. The value of anything transferred or received in breach of the ethical standards of this code by a City employee, City Councilor, board member or commission member or other person may be recovered from both the City employee, City Councilor, board member or commission member concerned and from the other person concerned.
(2) 
Recovery of kickbacks by the City. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or modification or change order, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract, modification or change order and ultimately borne by the City, and such amount shall be recoverable hereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties.
E. 
Penalties and sanctions.
(1) 
In addition to the recoveries provided in Subsection C above, any violation of this section shall be a civil violation. Upon conviction, any person, firm or corporation found to be in violation of this section shall be fined not less than three times the value of any improper gift or kickback paid, solicited or received or $500, whichever is greater. The penalties provided in this subsection shall be in addition to the penalties provided in § 33-3 of this code and shall be in addition to any penalties imposed under state or federal law.
(2) 
Sanctions.
(a) 
Upon conviction of a violation of this section or upon a finding of a violation by the City Purchasing Agent, Board of Ethics or the City Council following written notice and hearing, the City Council may impose one or more of the following sanctions on the person, firm or corporation convicted or found to be in violation:
[1] 
Written warnings or reprimands;
[2] 
Termination of contracts; or
[3] 
Debarment or suspension as provided in the City's published Purchasing Policy (Authority to Debar or Suspend).
(b) 
Termination of a contract under this subsection shall also terminate the contractor's right to receive further payment thereunder.
(c) 
The sanctions provided in this subsection shall be in addition to the penalties provided in Subsection D(1) above.
F. 
Incorporation in certain contracts. The provisions of this section shall be provided to all interested bidders or proposers and shall be incorporated by reference as agreed terms in any City of Bangor construction, procurement or professional services contract with a base bid price in excess of $10,000. In the case of a professional services contract, the base bid price for this purpose shall be the expected value of services to be billed during the contract term, or on an annual basis if the contract is of indefinite duration.