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HomeMy WebLinkAbout169-08 RESOLUTIONRESOLUTION NO. 169-08 A RESOLUTION APPROVING A CONTRACT WITH PER -ERIK PERSSON, AN AGENT FOR THE SWEDISH -AMERICAN BUSINESS SOUTH CENTRAL, LLC, IN AN AMOUNT NOT TO EXCEED $13,125.00 TO RECRUIT SWEDISH COMPANIES TO LOCATE IN THE CITY OF FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a contract with Per -Erik Persson, an agent for the Swedish -American Business South Central, LLC, in an amount not to exceed $13,125.00 to recruit Swedish companies to locate in the City of Fayetteville. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 2"d day of September, 2008. APPROVED: By: ATTEST: By: `)Qu dtA-40 DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer It moo. : • • • City of Fayetteville CONSULTING SERVICES AGREEMENT This Agreement is made this an U day of S 2008 by Per -Erik Persson, representing the Swedish American Business Center South Central, LLC, with its principal place of business at P.O. Box 248, Madison, Mississippi 39130, and between the City of Fayetteville located at 113 W. Mountain, Fayetteville, Arkansas 72701. WHEREAS, Per -Erik Persson is engaged in consulting services for Swedish based companies and inventors seeking business opportunities and partners in the United States and to find business opportunities for U.S. businesses in Sweden. And WHEREAS, Per -Erik Persson desires to furnish such services to the City of Fayetteville, and FEDC. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, Per -Erik Persson and the City of Fayetteville agree as follows: 1. Term: This Agreement shall be for a term of three (3) months beginning on September 8, 2008 until terminated by either party with 30 days prior notice. 2. Services to be Provided: During the terms of this Agreement, Per -Erik Persson shall provide consulting services as set forth in Exhibit A to this Agreement, as may be revised by mutual written agreement from time to time. 3. Fees and Expenses: The City of Fayetteville and FEDC agree the consulting fee shall be paid upon invoice as follows: September 8 (for Sep 8 — Oct 7): $6,250 October 8 (for Oct 8 — Nov 7): $6,250 November 8 (for Nov 8 - Dec 7): $6,250 Consultation Services furnished for the three month period will be billed at the rate of $18,750. Split 50/50, FEDC and The City of Fayetteville will each pay $9,375. Per -Erik Persson shall track, log and report his hours and the resultant fee with its monthly invoice. Expenses directly related to this Agreement will be documented separately and paid in two installments - $4,000 up front and the remainder as required substantiated by invoice; for a maximum of $7,500 for the three month period, split 50/50 between FEDC and The City of Fayetteville. The City of Fayetteville and FEDC shall pay no more than $13,125 each for this three month contract. 4. Independent Contractor: In carrying out his responsibilities under this Agreement, Per -Erik Persson shall at all times be an independent contractor. Nothing contained in this Agreement shall be construed to create an employer-employee relationship, a partnership or joint venture between The City of Fayetteville, FEDC, and Per -Erik Persson. 5. Notice: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax (receipt confirmed), or overnight courier. 6. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. 7. Entire Agreement: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. 8. Amendment and Waiver: No modification of this Agreement shall be binding unless made in writing and executed by both parties. No waiver by either party or any breach or obligation of the other party under this Agreement shall constitute a waiver of any other prior or subsequent breach or obligation. IN WITNESS WHEREOF, the parties have executed this Agreement. Swedish Amer can Btioness Center South Central, LLC By: Date: S errtiV$6P $ 20,e Per -Erik Persson The City of F yetteville, Arkansas // Date: 41/2-4 / �k Dan Coody, Mayor EXHIBIT A Scope of Consulting Services At a minimum, the following companies will be invited to and may visit Fayetteville, Arkansas prior to December 5, 2008: SplitVision develops and markets products and systems in the field of energy and the environment Sweden Water supplies businesses and organizations throughout Sweden with water coolers trademarked Sweden Water Stora Enso Swedish/ Finland company that integrated paper, packaging and forest products producing newsprint, magazine paper, fine paper, consumer board, industrial packaging and wood products. Hellefors Bryggeri produces cider and soft drinks Ageratec Manufactures processors producing biodiesel from seed, waste (oil and vegetables) Ecoil Biofuel technology. -;'1 Hotab Gruppen Combustion plants for solid biofuels. Lignoboost Lignin into biofuel technology. Neova Biofuel plant technololgy. REAC Fuel High effiency biofuel technology. Scandinavian Biogas Fuel Biogas production method. Sekab Bioethanol, cellulosic ethanol. Swedish Biofuels Biofuels. Swedish Biogas International Build and operate bio -methane plants Afab Bioenergy consultant. At the end of the contract period it is anticipated that some companies would be willing to sign a "letter of intent" to move to Fayetteville. Ray M. Boudreaux Submitted By 70 d City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 9/2/2008 City Council Meeting Date Aviation & Economic Development General Government Division Action Required: Department Action Required: Signature of Mayor. Approval of a consultant contract with Per -Erik Persson to recruit companies from Sweden to locate in Fayetteville. 13,125.00 Cost of this request 4470.9470.5315.00 Account Number 02050 Project Number 48,835.00 EcoDev Matches Program Category / Project Name EcoDev Matches Funds Used to Date Program / Project Category Name 48,835.00 Sales Tax Cap Improv Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 11110 Depa ment Direc or :' 7 C-5tki City Attorn y Dat "i Ckal A . a •26 •o? Finance and Internal Service Director Date Mayor Date Comments: Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Offic &(Qb, 947 c artIFO Received in Mayor's Office City Council Meeting of: September 2, 2008 Agenda Item Number: CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor and Members of the City Council THRU: Staff/Contract Review Committee FROM: Ray M. Boudreaux, Director, Aviation and Economic De lopment DATE: August 19, 2008 SUBJECT: Approval of contract between the City of Fayette ille, the FEDC and Per Eric, Swedish Consultant, for potential green co t panies from Sweden interested in locating in the Fayetteville area. RECOMMENDATION: Approve contract between the City of Fayetteville, the FEDC, and Per Eric for services to locate Swedish companies in Fayetteville in the amount not to exceed $13,125.00 for the three month period. BACKGROUND: FEDC and the Fayetteville Chamber of Commerce entered into the contract for the period of May thru August with the month of July excluded at the request of the contractor. The purpose of the contract was to invite companies that might be interested in locating in Fayetteville for a visit. Several companies have visited Fayetteville and many are considering locating here. One company has announced their intentions to locate in Fayetteville, a building materials recycling company. This contract is the second phase of the project and the FEDC and the City will share the cost 50/50 not to exceed $13,125.00 each. BUDGET IMPACT: Funds are available in the Economic Development Matches Project Budget. Attachments: StaffReview Form Contract Aviation and Economic Development Department Fayetteville Municipal Airport, Drake Field 4500 South School Avenue, Suite F Fayetteville, Arkansas 72701 Ray M. Boudreaux, Director RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH PER -ERIK PERSSON, AN AGENT FOR THE SWEDISH -AMERICAN BUSINESS SOUTH CENTRAL, LLC, IN AN AMOUNT NOT TO EXCEED $13,125.00 TO RECRUIT SWEDISH COMPANIES TO LOCATE IN THE CITY OF FAYETTEVILLE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a contract with Per -Erik Persson, an agent for the Swedish - American Business South Central, LLC, in an amount not to exceed $13,125.00 to recruit Swedish companies to locate in the City of Fayetteville A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof PASSED and APPROVED this 2nd day of September, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville and Fayetteville Economic Development Council CONSULTING SERVICES AGREEMENT This Agreement is made this day of , 2008 by Per -Erik Persson, representing the Swedish American Business Center South Central, LLC, with its principal place of business at P.O. Box 248, Madison, Mississippi 39130, and between the City of Fayetteville located at 113 W. Mountain, Fayetteville, Arkansas 72701, the Fayetteville Economic Development Council (FEDC) located at 21 W. Mountain, Suite 301, Fayetteville, Arkansas, 72701. WHEREAS, Per -Erik Persson is engaged in consulting services for Swedish based companies and inventors seeking business opportunities and partners in the United States and to find business opportunities for U.S. businesses in Sweden. And WHEREAS, Per -Erik Persson desires to furnish such services to the City of Fayetteville, and FEDC. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, Per -Erik Persson, the City of Fayetteville and FEDC agree as follows: 1. Term: This Agreement shall be for a term of three (3) months beginning on September 8, 2008 until terminated by either party with 30 days prior notice. 2. Services to be Provided: During the terms of this Agreement, Per -Erik Persson shall provide consulting services as set forth in Exhibit A to this Agreement, as may be revised by mutual written agreement from time to time. 3. Fees and Expenses: The City of Fayetteville and FEDC agree the consulting fee shall be paid upon invoice as follows: September 8 (for Sep 8 — Oct 7): $6,250 October 8 (for Oct 8 — Nov 7): $6,250 November 8 (for Nov 8 - Dec 7): $6,250 Consultation Services furnished for the three month period will be billed at the rate of $18,750. Split 50/50, FEDC and The City of Fayetteville will each pay $9,375. Per -Erik Persson shall track, log and report his hours and the resultant fee with its monthly invoice. Expenses directly related to this Agreement will be documented separately and paid in two installments - $4,000 up front and the remainder as required substantiated by invoice; for a maximum of $7,500 for the three month period, split 50/50 between FEDC and The City of Fayetteville. The City of Fayetteville and FEDC shall pay no more than $13,125 each for this three month contract. 4. Independent Contractor: In carrying out his responsibilities under this Agreement, Per -Erik Persson shall at all times be an independent contractor. Nothing contained in this Agreement shall be construed to create an employer-employee relationship, a partnership or joint venture between The City of Fayetteville, FEDC, and Per -Erik Persson. 5. Notice: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax (receipt confirmed), or overnight courier. 6. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State of Arkansas. 7. Entire Agreement: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. 8. Amendment and Waiver: No modification of this Agreement shall be binding unless made in writing and executed by both parties. No waiver by either party or any breach or obligation of the other party under this Agreement shall constitute a waiver of any other prior or subsequent breach or obligation. IN WITNESS WHEREOF, the parties have executed this Agreement. Swedish American Business Center South Central, LLC By: Date: Per -Erik Persson The City of Fayetteville, Arkansas By: Date: Dan Coady, Mayor EXHIBIT A Scope of Consulting Services At a minimum, the following companies will be invited to and may visit Fayetteville, Arkansas prior to December 5, 2008: Ageratec and SplitVision develops and markets products and systems in the field of energy and the environment Sweden Water supplies businesses and organizations throughout Sweden with water coolers trademarked Sweden Water Stora Enso Swedish/ Finland company that integrated paper, packaging and forest products producing newsprint, magazine paper, fine paper, consumer board, industrial packaging and wood products. Hellefors Bryggeri produces cider and soft drinks Ageratec Manufactures processors producing biodiesel from seed, waste (oil and vegetables) Ecoil Biofuel technology. Hotab Gruppen Combustion plants for solid biofuels. Lignoboost Lignin into biofuel technology. Neova Biofuel plant technololgy. REAC Fuel High effiency biofuel technology. Scandinavian Biogas Fuel Biogas production method. Sekab Bioethanol, cellulosic ethanol. Swedish Biofuels Biofuels. Swedish Biogas International Build and operate bio -methane plants. Mab Bioenergy consultant. At the end of the contract period it is anticipated that some companies would be willing to sign a "letter of intent" to move to Fayetteville. 1 (9.25.08) Clarice Pearman - Res. 169-08 lr Page 1 From: Clarice Pearman To: Nicholson, James Date: 9.25.08 10:10 AM Subject: Res. 169-08 CC: Boudreaux, Ray James: This resolution has not been processed because we do not have a signed agreement from Per -Erik Persson. Please let me know when I might receive an agreement to continue processing this item. Have a good day. Thanks. Clarice Clarice Pearman - Re: Per -Erik Persson Page 1 1! From: Ray Boudreaux To: Pearman, Clarice Date: 9.4.08 2:51 PM Subject: Re: Per -Erik Persson HI Clarice, I will get it to you when we get it back from Sweden. PerEric has the contract and will send it back soon. Thanks for your patience, Ray Ray M. Boudreaux, Col. USAF (ret) Director, Aviation & Economic Development Fayetteville Municipal Airport, Drake Field 4500 S. School Ave., Suite F Fayetteville, AR 72701 ph. 479.718.7642 fax. 479.718.7646 email: rboudreaux@ci.fayetteville.ar.us »> Clarice Pearman 9/4/2008 1:46 PM »> Ray: The City Council passed a resolution authorizing an agreement with Per -Erik Persson I do not have a signed agreement to get the mayor's signature on. Do you have a signed agreement with this person? Please let me know the status. Have a good day. Clarice (9.4.08) Clarice Pearman - Per -Erik Persson From: Clarice Pearman To: Boudreaux, Ray Date: 9.4.08 1:46 PM Subject: Per -Erik Persson Ray: The City Council passed a resolution authorizing an agreement with Per -Erik Persson. I do not have a signed agreement to get the mayor's signature on. Do you have a signed agreement with this person? Please let me know the status. Have a good day. Clarice IC amePage 1 (9.26.08) Clarice Pearman - Attached Image From: To: Date: Subject: Attachments: <3rd@ci.fayetteville.ar. us> "Clarice Pearman" <cpearman@ci.fayetteville.ar.us> 9.26.08 4:27 PM Attached Image 1520_001.pdf Page 1