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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 e.......... ...._. ......... 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 g9 starting with the word Unless in the 3rd line from the end of the paragraph delete - Mines otherwise approved by the economic //PPddeevvveeellloop8mment director Ms dad int he contrast a ea CC Clty Cle 86-y9 ORDER Title, Autbori¢ing the City Nauger to enter ...................................... into nonevent with Dennie T Djork for ................................ arearealc developmnt marketing an a part clue bests qIn�trodduu�dd ceand filed by ;PF �P iFOCL q� �V Q 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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