HomeMy WebLinkAbout1986-01-13 86-79 ORDER86-79
Introduced by Councilor Tilley, January 13, 1986
CITY OF BANGOR
(tITLL.) f®rtltr Authorizing the City Manager t Enter into Contract with
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Dennis J. Bjork for economic development marketing on a
part time basis.
By to City Cmmael Of the Ckr e(Realize.
ORDERED,
THAT the City Manager be and hereby is authorized to enter into
an Agreement with Dennis S. Bjork for economic development sales
marketing services on'a part-time basis, said Agreement being on
file in the Office of the City Clerk.
STATEMENT OF FACT: Because of the delay in
executing the Economic
Development marketing contract for full time services, making avail-
able uncommitted funds this year in excess of $20,000, the special
City Council interview and selection committee has recommended that
second contract for certain a a part timebasisbe executed
with second individual, said contract to run for one year. These
services would concentrate on marketing the city to high tech firms.
In city Council danueay 13,1986
ansunds, on page p6 of the contract
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in the 3rd line from the end of
the paragraph delete - Mines
otherwise approved by the economic
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86-79
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's and DENNIS S. NICER
(herein termed the "Consultant').
W I T N E S S E T H:
WHEREAS, the Consultant has expertise and substantial experience
an salesmanship, presentation of selling facts to clients, representa-
tion of private or public interests and background essential to the
successful performance of the obligations Of said Consultant; 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-Cfty 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 independent con-
tractor with the City, and do now desire and intend to 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 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 the City in attracting to Bangor
locations those firms with growth potential in technology
demand fields, including but not limited to producers o
services with major regional, national or international
markets, including but not limited to the fields of elec-
tronics, telecommunications, medical and health, informa-
tion, financial, etc; and firms involved in research and
development; firms seeking major regional or national
branch or headquarters locations; etc. Consultant shall
assist designated members of the municipal administration
or representatives in direct generation of prospect leads
for industrial parks and sites, buildings, airport facili-
ties and other facilities available.
(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 development pro-
gram as support to the Consultant's sales efforts. Further-
, 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 authorized.
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 res ources, assistance programs and oppor-
tunities to prospectsin a professional and knowledgable
manner. The resources and contacts relating to the work
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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 or in-
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 by the Economic Development Director for City of Bangor.
1£1 The Consultant, in 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 allocated by Consul-
tant for satisfactory performance of Consultant's obligations
under this Agreement, or conflict with the Economic Development
interests or other interests of the City.
(g) The Consultant shall perform and carry out his duties under
this Agreement through the office of the Economic Development
Department of the City, and shall be required to provide to
the City two full work days each week which shall be each
Tuesday and Thursday, and required to be in the Economic
Development Department office at least one day each month,
said requirements to be met unless otherwise arranged by
the Economic Development Director of the City.
2. INDEPENDENT CONTRACTOR. In the rendering of the sales market-
ing services provided for above, the Consultant shall at all times act
within 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 inde-
pendent contractor with the City.
3. FEES. - The Consultant shall be compensated for all services
to be rendered hereunder on an annual basis of Twenty One Thousand and
Two Hundred Dollars ($21,200) for the duration of this contract, and to
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be paid in equal monthly installments of Seventeen Hundred and Sixty -
Six Dollars and Sixty Seven Cents ($1,]66.6))_ each, beginning March 1,
1986 with a like payment to be due on the same day of each month there-
after. The Consultant shall be solely and inclusively responsible for
all expenses incurred by him, including, without limitation, travel,
meals, hotels and entertainment, and communications outside City Hall.
It is further agreed that expenses originating from the City offices
which are not directly related to the services to be rendered hereunder
by Consultant, but used in connection with his work, including, without
limitation, office space, office furniture and equipment, mailings,
clerical, telephone and telex costs, printing, advertising, promotional
expenses, and/or travel expenses for other officials of the City, 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 capabilities 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, including introductions
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and appointments with resource representatives; (9) Definitions of
the kinds. and types of prospects desirable to the City's Economic
Development program (which includes the Community Development, 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 February 1, 1986, and expiring on January 31, 1987.
6, 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 any activi-
ties 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 dis-
regard any express written instruction, authorization
or prohibition given to him by the City, or the Economic
Development Department, or shall be convicted of any
crime involving moral turpitude; or
(d) In the event of the death or total disability of Con-
sultant.
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
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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.
Upon any 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 infor-
mation 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 Dennis J. Bjork It is agreed and
understood that Dennis J. Bjork will personally render the services
required hereunder,
-Urcdar- It is further agreed that this contract may not be assigned
to any third party, without the prior expressed written consent of the
City.
10. APPLICABLE LAW: 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
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notices to the Consultant to be sent by registered or certified mail,
return receipt requested, postage prepaid to Dennis S. Eiork,
16 Goodale Road, Marlboro MA 01752; 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
person or group of persons in any manner.
If required by federal statute or regulation, the Consultant
assures that he will undertake an affirmative action program as
required under 14 CPR, 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
1n 14 CFRj Part 152, Sub -part E. The Consultant assures that n
persons 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 pro-
grams and that they will require assurance from their sub -organiza-
tions, 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
John W. Flynn, Its
City Manager
Dennis J. Bjork