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HomeMy WebLinkAbout1986-01-13 86-78 ORDER. Introduced by Councilor Tilley, January 13, 1986 CITY OF BANGOR (VELE) (PrIiCT Authorizing_ the City Manager to Enter into Contract with David N. Siemer for full time economic development marketing ........... .................. ............... onom¢._._.. __. ........ By W City onow d of W City of 8axyor: ORDERED, THAT the City Manager be and hereby is authorized to enter into an Agreement with David N. Siemer for economic development sales marketing services, a copy of said Agreement being on file in the office of the City Clerk. STATEMENT OF FACT: This is the contract for full time sales marketing services for the city's economic development programs, funds provided through the Economic Development budget. Mr. Siemer is ended for the contract by the special City Council interview andselection Com- mittee. The contract calls for antem e -year with a one-year option, the extension based on City Council performance review, at $53,000 per year, which includes all outside travel and expenses. in City Conned January 13,1986 96-79 TT Amended, by deletion on page 6 O R D E R - - E the contract p9 starting with the rd - Unless in the n 9 3rd line from the end of the Title, �00 Paragraph delete - Unless otherniae oy. Approved by the Ecommic Authorizing the City Manager to enter ••••••••••••••••••••••••••••••••••••• Development Director into a Contract with Devid N Rime[ for PassedAn amended mt.................................... `, full elms eeaeagle development Marketing C tier, /� ��c I�¢ntrod-aced and filed by ..� SALES MARKETING SERVICE CONTRACT AGREEMENT made and entered into the day of 1985, at Bangor, Maine, by and between the CITY OF BANGOR, a Maine municipality located in Penobscot County, State of Maine (herein termed the "City"), and OAVIO N. RIEMBR (herein termed the "Consultant"(. W I T N E E E E T E WHEREAS, the Consultant has expertise and substantial ex- perience in salesmanship, presentation of selling facts to clients, representation of private or public interests and background essen- tial to the successful performance'�of the obligations of said Con- sultant;and - WHEREAS, the City is interested in securing the services of the Consultant in connection with the city's efforts to sell directly to prospects its resources as an industrial, commercial, aeronautical, service and tourist center; and WHEREAS, the City and the Consultant have agreed upon the terms, conditions and compensation under and pursuant to which the City will contract with the Consultant for such services as an inde- pendent contractor with the City, and do now desire and intend to set forth herein the full, sole and exclusive terms of their agreement. NOW, THEREFORE, an consideration of the foregoing recitals, and of the payments to be made hereunder by the City to the Consultant, and of the undertakings and performances to be made and performed hereunder by the Consultant, and for other valuable considerations, the City and the Consultant do hereby covenant and agree as follows: 1. SERVICES. The Consultant shall perform and render the following sales marketing services to .and for the benefit of the City during the continuation of this Agreement, as an independent contractor with the City, and for the sole and exclusive use and benefit of the City, namely: (a) Consultant shall assist designated members of the City's municipal administration in their efforts to generate acceptable prospect leads. for Bangor's industrial parks and sites, airport buildings, privately -owned industrial and commercial buildings and sites which may be available and deemed appropriate for attracting industry, inter- national trade facilities and services, major central business district and recreational -entertainment facilities in Bangor. Selection of said facilities and services which will serve as resources for economic development will he at the sole discretion of the City, and suitable and appropriate to its economic development program. (b) Consultant shall deliver these services through direct sales contact with specific individuals, companies, developers and investors as opposed to undertaking any general promotional efforts such as advertising, large mailings, preparing bro- chures,and such activities which shall continue to.be done by the City as part of its regular economic developmentpro- gram as support to the Consultant's sales efforts. Further- more, the Consultant shall generate said prospects and sales leads through his own initiative, knowledge and background, said initiating of prospects and sales leads to be the pri- mary activity and service of the Consultant. (c) The Consultant shall work directly with and under the super- vision of the City's Economic Development Director, who shall be responsible for overseeing and managing the activities of the Consultant under this Agreement. (d) The Consultant shall, to the extent specifically authorised by the Economic Development Director, act as a marketing sales representative of the City, and shall become informed of and present the facts and information relating to the City's and State's resources, assistance programs and oppor- tunities to prospects in a professional and knowledgable manner. The resources and contacts relating to the work of the Consultant shall not include sales and marketing of Bangor International Airport to airlines which shall remain -' "--- - - the obligation of others'.-'-- (e) The Consultant shall be responsible for completing on a weekly basis prospect call sheets prepared in form by the Economic Development Department, which shall provide for information on the identification of the company oin- dividual on which the call or Contact was made, contact persons, and other information deemed necessary by the Economic Development Director; and for providing in writing as requested, additional activity data on the prospect; all of which information shall be held confidential by the Con- sultant until released by the Economic Development Director, and all of which shall be the property of the City of Bangor. Further, the Consultant shall be responsible when requested for periodic summary reports or recommendations as may be re- quired -quired by the Economic Development Director for City of Bangor. (f) The Consultant, an performance of his obligations under this Agreement, shall not enter into any contract or undertake any obligations, commitments or accept compensation for agree- ments with other parties than the City, where said agreements would conflict with the time and effort necessary for satis- factory performance of Consultant's obligations under this Agreement, or with the Economic Development interests or other interests of the City, except where such commitments or agree ients may be arranged through the Economic Development Director n the interest of the City. (g) The Consultant shall perform and carry out his duties under this Agreement from the office of the Economic Development Department of the City and shall be required to be in that office at least one day each week, unless otherwise arranged for with the Economic Development Director, and shall be re- quired to provide a full work week each week, not including normal vacations and holidays. 2. INDEPENDENT CONTRACTOR. In the rendering Of the sales marketing services provided for above, the Consultant shall at all times act with- in the limitations of this Agreement. He shall not hold himself out to be an employee of the City, and shall be at all times an independent contractor with the City. 3. FEES. The Consultant shall be compensated for all services to be rendered hereunder on an annual basis of Fifty Three Thousand Dollars ($53,000.00) for the duration of this contract, and to be paid in equal monthly installments of Four Thousand Four Hundred and Sixteen Dollars and Sixty Seven Cents ($4,416.67) each, beginning February 15, 1986, with a like payment to be due on the same day of each month there- after, or other arrangement acceptable to both parties. The Consultant ,shall be solely and inclusively responsible for all expenses incurred by him, including, without limitation, travel, meals, hotels, entertain- ment, and communications outside of the Economic Development Office. It is further agreed that expenses incurred by the City related to the ser- vices to be rendered hereunder by the Consultant as direct or indirect support services within the Economic Development Department, including, without limitation, office apace, office furniture, equipment and supplies, mailings, clerical work, telephone and telex costa originating from the City, printing, advertising, promotional expenses, and/or travel ex- penses for other officials of the City or their designees, shall not be the responsibility of the Consultant, nor shall the same be taken into consideration with respect to any valuation of expenses incurred by the Consultant. 4. DEVELOPMENT SERVICES AVAILABLE TO CONSULTANT. In addition to the office services to be provided by the City in Paragraph Three; above, the Economic Development Department services available to Consultant are as follows: (1) Office backup for calls and correspondence; (2) Follow up development efforts on prospects generated by Consultant which may include clerical, materials, research, direct contact and/or visitations, and other forms of follow-up assistance such as site location, finance packaging, service packaging, and the like, where appropriate and within the capa- bilities of the Economic Development Department and City as determined solely by the Economic Development Director; (3) Briefing and training of the Consultant of the resources and assistances available and needed to interest and for locating prospects, - 4 - ---- --including-introductions-and appointments -with- resource -representatives;-- (4) Definitions of the kinds and types of prospects desirable to the .City's Economic Development program (which includes the Community De- velopment, Airport and other programs); (5) Assistance in developing targeted lists of companies, organizations and individuals to supplement Consultant's own contacts, and upon which sales contacts, appointments and trip schedules might be generated by Consultant; and (6) General promotion and advertising programs of the City. 5. TERM. The term of this Agreement shall run for one year, commencing on January 15, 1986 and expiring on January 14, 1981 6. OPTION. The Consultant shall have the right of qualified op- tion to continue this Agreement for an additional one-year term, com- mencing on January 15, 1987 , and expiring on January 14, 1988 providing. that the Bangor City Council mutually agrees to said con- tinuance based on a review of the Consultant's work activities during the first year directly relating to the standard of performance by the Consultant as to whether the Consultant has contributed significantly in generating new prospects for the City, as detailed above in this Agreement. - 7. TERMINATION. This Agreement may be terminated by the City, upon thirty (30) days' advance written notice to the Consultant, in the event that; (a) The Consultant shall fail or refuse to perform the sales marketing and report services provided for hereunder; provided, however, that no such failure shall be declared by the City hereunder without first giving the Consultant written notice of the specific details and grounds of any such alleged failure, and a reasonable opportunity to cure same; or (b) in the event the Consultant shall engage in anyactivities or business in conflict with the interests of the City arising out of the Consultant's obligations and undertakings hereunder; or (c) In the event that the Consultant shall willfully disregard any express written instruction, authorization or prohibition given to him by the City, or the Economic Development Depart- ment, or shall be convicted of any crime involving moral tur- pitude; or (d) In the event of the death or total disability of Consultant. 8. TERMINATION BY CONSULTANT. This agreement may be terminated by the Consultant, upon the giving of thirty (30) days' written notice, in the event that the City, for any reason, shall fail to promptly meet any of its financial obligations to the Consultant hereunder.. In the event of any termination, whether under this paragraph or under the provisions of Paragraph ] above, the Consultant shall be entitled to be paid in full to the date of such termination, with any final monthly payment made to the Consultant and the effective date of such termination. uponany such termination, the Consultant shall deliver to the City all of his files and other data, excepting only personal correspondence files, relating to any projects with respect to which he shall have been involved. hereunder, and shall not thereafter knowingly utilize any of such in- formation or data in any manner detrimental to the interests of the City. 9. ASSIGNMENT. This Agreement has been made and entered into by and between the City and David N. Diener It is agreed and understood that David N. Rinser will per- sonally render the services required hereunder, Ktlese _� 'e-BevHepmenk-@iseeelar:� It is further agreed that this contract may not be assigned to any third party -'-without the priorexpressedwritten consent of the City.- 10. ity - 30. APPLICABLE LAN: CONTROL. This Agreement has been made and entered into and shall be construed under the laws of the State of Maine. The Consultant may at all times conclusively rely upon the authority of the person from time to time designated as the Economic Development Director, with respect to all matters, instructions and authorizations required Hereunder. 11. NOTICES. Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, return receipt requested, postage pre -paid, to Economic Development Director, City of Bangor, City Hall, 73 Harlow Street, Bangor, Maine, 04401; and notices to the Consultant to be sent by registered or certified mail, return receipt requested, postage pre -paid, to David N. Risser 271 Sumner Ave. Reading, MA 1 or to such other respective addresses as the parties may designate to each other in writing from time to time. 12. AFFIRMATIVE ACTION. The Consultant, in the exercise of the rights granted to him herein, shall not on the grounds of sex, race, color, age, handicap or national origin, or in any other manner pro- hibited by law, discriminate or permit discrimination against any per- son or group of persona in any manner. If required by federal statute or regulation, the Consultant assures that he will undertake an affirmative action program as re- quired under 14 SFR, Part 152, Sub -part E, to insure that no person shall on the grounds of race, creed, color, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR, Part 152, Sub -part E. The Consultant assures that no per- sons shall_ be excluded on these. grounds from, participating in or receiving the services or benefits of any program or activity covered in this Sub -part. The Consultant assures that he will require that his covered sub -organization, if any, provide assurance to the Con- sultant that they similarly will undertake affirmative action programs and that they will require assurance from their sub -organizations, as may be required by 14 CFR, Part 152, Sub -part E, to the same effect'.. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment at Bangor, Maine, on the day and year first above stated. Signed, Sealed and Delivered in the Presence of CITY OF BANGOR By Sohn W. Flyer, Its City Manager By: David N. Riemer