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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 ..... uncilman yo'NVO 401, p3P13OU C30: ZIA evo L& 4 ?)JLJ� 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.