HomeMy WebLinkAbout1987-09-14 87-343 ORDER87-343
Introduced by Councilor Tilley, September 14, 1987
CITY OF BANGOR
(TITLE.) (ffiagr Authorizing_ F ecpcim. of sales marketing services
Contract with Harold Meeler
By as Ci6y CUUMM{ of w City Of Bangor:
ORDERED,
TMT the Acting City Manager is hereby autaorized'and directed,
on behalf of the City of bargor, on or after November 10, 1987, to execute a
contract, a copy, of whicn is on file with the City Clerk, with Harold
Wfeeler of Barger, Maine, for purposes of providing sales marketing services
for Ne City of Bangor.
IN CITY COUNCIL.
September 14, 1987
Passed by the following yes
and no Councilors
voting yes: Frenkel. Lebowitz,
Shubert, Sullivan. Tilley and
Willey. Councilors voting'no:
Brown. Cox and Sawyer.
\. CIO CLERK
87-343
ORDER
Title
AutM1orizing Execution of Sales Marketing
. Bexy]ces. FPc hcx. pxxA WPJA Wheeler
Introduced and filed by
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uncilman
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Advertising/Public Relations Services P.O. Box 818 Bangor, ME 04401
3 September 1987
TO: Marketing, Contract Selection Committee, Bangor City Council
(cc: Edward G. McKeon, Economic Development Director)
Thomas Small, City Manager
Hobert Miller, City Solicitor)
FROM: Hal Wheeler
HE: State Statute Title 30 Sec. 1906
When I decided to submit my name as an applicant for a
Marketing Consultancy Contract with the City of Bangor, the
first concern that I addressed was whether any restrictions
Or prohibitions existed, statutorily, or within the City
Charter, that would disqualify me, having formerly served
as a member of the City Council.
I addressed this concern to the Economic Development
Director, who, in turn,tcrequested anopinion from the City
Solicitor. The Solicitor's opinion was that no such re-
striction or prohibition existed which would disqualify me
from consideration. F then submitted my name for consideration.
After being selected by the Committee as the one they
would recommend for the contract consultancy, a State Statute
has come to light which suggests that my service on the City
Council through November 10, 1986 could be construed t1.,¢ome
under the provisions of the Statute in reference.
I have discussed the matter, both with the City Attorney,
and private legal counsel and all of us seem to agree that
there is an area of uncertainty whether the statute's lan-
guage applies to "independent contractors^such as the con-
tract in question clearly stipulates the consultant to be.
My lay opinion, of course, is that it is not specific,
and open to interpretation. The City Attorney takes the position
that a court of law would likely rule that the "intent" of the
legislature was to cover any and all such situations as this
contract involves. No-one can question the merits of safe-
guarding against unethical or unfair practicies in the spending
of public funds.
While I believe there is a fair chance that in a court de-
5an independent contractor who s clearly designated
as "not an employee" of the city could be exempted from the
terms of the statute, my recent experience asa City Councilor
compels me to agree that any "appearance" of conflict of
interest" or illegality should be avoided if at all possible.
This is such a case, I have concluded.
I applied for this contract, primarily because, a
a Councilor, Economic Development was one of my strongest
interests. I have served on the Community Development Com-
mittee, the Airport Committee, and as a Director of both
Bandit Corporation and the Target Development Corporation.
This service has whetted my enthusiasm for Bangor's eCOnominc
growth. I believe with all my heart and mind that now is the
hour of greatest opportunity to attract n w business to Bangor,
thereby expanding our economy and broadening our tax base..
I remain as certain today as I was when I proposed my
services asconsultant, that I possess the experience and
ability to advance that objective as the City's marketing
Consultant, and Representative.
The Lollar value of the contract was attractive, but not
the primary motivation. it is even less of a motivation at
this moment, because of the diminished amount that will be
paid to the consultant, whether the contract is signed today
r two months and 8 days from today. Still, I am willing to
accept the contract, if it is Still available to me.
In v of the City Solicitor's recommendation that such
an agreement between me and the City would be fully legal
and harmless, if signed on November 10th, 1987, I here and
now indicate my willingness to accept the terms of the con-
tract if amendedto commence November 10th and conclude o
June 30th, 1988. I further volunteer my seson a
v
un-
compensated basis to review the materialsandsts
—nEly active in the Economic Development Director's
office ... to conduct the basic research and undertake the
communication with the city's business leaders and develop-
ment organizations which I proposed in my presentation, and
to develop the video presentation I recommendedcomen"d as an im-
portant selling tool for the consultant, and, if appropriate
and desired by the Director of Economic Development, to make
direct contacts and/or presentations to prospective companies.
considering expansion or relocation. Such voluntary service
would c immediately on the Council's approval of the
ConsultancyContract as
amended to commence on November 10,
1988. 1 will committ no less than 15 hours per week to this
voluntary work, and ask only that out_of -pocket and travel ex-
penses be reimbursed for any travel I might undertake at the
request of the contract supervisor.
I do not wish to embroil the city in a legal question
which can be avoided by the means I have outlined, and I
do desire to contribute my Services on both a volunteer
and compensated basis to the advancement of Bangor's economic
development in the monthsabead.