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HomeMy WebLinkAboutMO #2416MUNICIPAL ORDER NO. 2416 A MUNICIPAL ORDER AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND THE PADUCAH CONVENTION & VISITORS BUREAU REGARDING LOU HAMMOND GROUP FOR MARKETING CAMPAIGN SERVICES, IN AN AMOUNT OF $27,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. That the City hereby authorizes and approves an Agreement with the Paducah Convention & Visitors Bureau, in substantially the form attached hereto and made part hereof (Exhibit A), for marketing campaign services in an amount of $27,000 plus any additional costs or expenses directly related to the marketing campaign that are requested by the City and authorizes the Mayor to execute the Agreement. SECTION 2. That the City hereby authorizes the transfer of $27,000 from the Administrative Contingency Account No. 10000106 524500 to the City Manager Other Contractual Services Account No. 10000103 523070. The expenditure shall be charged to the City Manager Other Contractual Services Account. Payment will be allocated in six (6) installments of $4,500. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Brandi Harless, Ma ATTEST: CULa Lindsay Paris ity Clerk Adopted by the Board of Commissioners, December 8, 2020 Recorded by Lindsay Parish, City Clerk, December 8, 2020 \MO\agree- CVB Lou Hammond Marketing Campaign Services EXHIBIT A AGREEMENT WITH PADUCAH CONVENTION & VISITORS BUREAU REGARDING LOU HAMMOND GROUP THIS AGREEMENT is made and entered into on the dates indicated hereinafter, as evidenced by the dates executed by the parties, with an effective date of December 1, 2020, by and between the City of Paducah, Kentucky, hereinafter called "City"; and the Paducah Convention & Visitors Bureau, hereinafter called "CVB". WITNESSETH: WHEREAS, the CVB currently has a contract with Lou Hammond Group to provide public relations services through December 30, 2021; and WHEREAS, the City would like to utilize Lou Hammond's services for a targeted marketing campaign for a period of six (6) months; and WHEREAS, the governing bodies of the City and CVB have determined that it is in the best interests of the citizens and residents of the City of Paducah to enter into this agreement and for the CVB to administer this targeted effort; and, WHEREAS, the execution, delivery, and performance of this Agreement have been authorized, approved, and directed by the governing bodies of the City by a Municipal Order formally passed and adopted by the governing bodies of the City and CVB. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: ARTICLE I: DEFINITIONS All words and phrases will have the meanings specified below unless the context clearly requires otherwise. "CVB Agreement" means the December 2, 2019 engagement letter between Lou Hammond Group and the Paducah Convention & Visitors Bureau. "City" means the City of Paducah, Kentucky, or any successor thereto acting by and through this Agreement. "CVB" means the Paducah Convention & Visitors Bureau or any successor thereto acting by and through this Agreement. "Fiscal Year" means the period from and including July 1, 2020 through the following June 30, 2021. "Term" means the term of this Agreement as determined pursuant to Article III hereof. ARTICLE II: PURPOSE The purpose of this Agreement is a partnership between the City and CVB pursuant to the CVB Agreement to conduct a target six (6) month marketing campaign and to partially compensate CVB for Lou Hammond Group monthly expenses, which the CVB is currently obligated to pay under the terms of the CVB Agreement. ARTICLE III: TERM The term of this Agreement shall be for six (6) months beginning December 1, 2020 and ending May 31, 2021, unless soon terminated by the parties pursuant to the terms of this Article. The CVB and the City shall each have the right to terminate this Agreement by giving notice, in writing, to the other party no less than sixty (60) days prior to the termination date sought. Upon termination of this Agreement, the withdrawing party shall have no further duties or obligations or be entitled to benefits following the effective date of withdrawal. ARTICLE IV: CONSIDERATION The City shall pay to the CVB the sum of $4,500 per month on the 1st day of each month, commencing on December 1, 2020 and for the duration of the term of this Agreement, in order to utilize Lou Hammond Group's service under the CVB Agreement. The City shall also pay for any additional costs and/or expenses directly related to the marketing campaign per specific requests by the City. The City acknowledges that the total monthly payment owed to Lou Hammond Group by the CVB under the CVB agreement is $6,100 per month. ARTICLE V: ADMINISTRATION The City and the CVB agree that the CVB shall work directly with Lou Hammond Group to administer the marketing campaign and act as the lead agency, and will keep the City advised of communication and efforts associated with the campaign. ARTICLE VI: ASSIGNMENT This Agreement may not be assigned by any party without the prior written consent of the other party hereto. ARTICLE VII: MISCELLANEOUS Section: 7.1. Notices. All notices, certificates, requests or other communications hereunder will be sufficiently given and will be in writing and mailed (postage prepaid, and certified or registered with return receipt requested) or delivered (including delivery by courier services) as follows: City of Paducah Attn: Mayor or City Manager 300 South 5th Street P.O. BOX 2267 Paducah, KY 42002-2267 Paducah Convention & Visitors Bureau Attn: Mary Hammond 128 Broadway Paducah, KY 42001 Any of the foregoing may, by notice given hereunder to the other, designate any further or different addresses to which subsequent notices, certificates, requests or other communications will be sent hereunder. All notices, certificates, requests and other communications pursuant to this Agreement will be effective when received (if given by mail) or when delivered (if given by delivery). Further, in the event of a change in personnel to any party/officer hereto, the presumption shall be that, unless the other parties are notified, in writing, the successor to that position shall be the authorized representative and shall be bound by this Agreement. Section 7.2. Amendments, Changes and Modifications. Except as specifically provided in this Agreement, this Agreement may not be amended, changed, modified or altered, or any provision hereof waived, without the written consent of all parties hereto. Section 7.3. Severability. In the event that any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section 7.4. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. Section 7.5. Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Section 7.6. Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section 7.7. Binding Effect. This Agreement will inure to the benefit of and will be binding upon the parties hereto and their respective successors and assigns (including, without limitation, security assigns), subject, however, to the limitations contained in this Agreement. Section 7.8. Entire Agreement. This Agreement shall constitute the entire agreement of the parties hereto and any prior agreement of the parties hereto relating to the subject matter herein, whether written or oral, is merged herein and shall be of no separate force and effect. Section 7.9. Waiver. No action or failure to act by one or more of the parties hereto shall constitute a waiver of a right or duty afforded it under the Agreement, nor shall such action or failure to act constitute approval or acquiescence of or in a breach hereunder. IN WITNESS WHEREOF, the parties have executed the Agreement by and through their duly authorized representatives as of the day and year first above written. CITY OF PADUCAH, KENTUCKY By: Brandi Harless, Mayor Date executed: PADUCAH CONVENTION & VISITORS BUREAU 92 Glenn Denton, Chairman ATTEST: Lindsay Parish, City Clerk Date executed: ATTEST: Mary Hammond, Exec. Director Date executed: Date executed: EXMIT A I. CONSULTANT AGREEMENT This section outlines what Retail Strategies (the "consultant') will provide to City of Paducah, Kentucky (the "client'). A. Research 1. Identify market retail trade area using political boundaries, drive times and radii B. Boots on the Ground Analysis 1. Identify/Evaluate/Catalog priority commercial properties for development, re- development and higher and best use opportunities 2. Identification of priority business categories for recruitment and/or local expansion 3. Perform competitive analysis of existing shopping centers and retail corridors 4. Active outreach to local brokers and landowners C. Retail Recruitment 1. Pro -active retail recruitment for targeted zones 2. Will contact a minimum of 30 retailers, restaurants, brokers and/or developers 3. Updates on new activity will be provided to Client's designated primary point of contact (Sec. II -A) via Basecamp, telephone, or email on a monthly and/or as needed basis 4. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the contracting entity 5. ICSC conference representation- updates provided according to the yearly conference schedule D. Retail Academy 1. Virtual Retail Education and custom boundary geographies 2. Perform market and retail GAP analysis for trade area (i.e. leakage and surplus) 3. Conduct retail peer market analysis 4. Competition analysis of identified target zones trade area(s) 5. Tapestry lifestyles — psychographic profile of trade area / market segmentation analysis 6. Customized retail market guide including aerial map with existing national retailer brands and traffic counts 7. Retail competitor mapping/analysis 8. Analysis of future retail space requirements in relation to the retail market analysis, the market's growth potential and trends in the retail industry 9. Identification of at minimum 30 retail prospects to be targeted for recruitment over three-year engagement 10. Updates provided on retail industry trends 11. Custom on -demand demographic research — historical, current, and projected demographics — to include market trade areas by radius/drive time, and custom trade area B. Boots on the Ground Analysis 1. Identify/Evaluate/Catalog priority commercial properties for development, re- development and higher and best use opportunities 2. Identification of priority business categories for recruitment and/or local expansion 3. Perform competitive analysis of existing shopping centers and retail corridors 4. Active outreach to local brokers and landowners C. Retail Recruitment 1. Pro -active retail recruitment for targeted zones 2. Will contact a minimum of 30 retailers, restaurants, brokers and/or developers 3. Updates on new activity will be provided to Client's designated primary point of contact (Sec. II -A) via Basecamp, telephone, or email on a monthly and/or as needed basis 4. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the contracting entity 5. ICSC conference representation- updates provided according to the yearly conference schedule D. Retail Academy 1. Virtual Retail Education MUNICIPAL ORDER NO. 24166 A MUNICIPAL ORDER AUTHORIZING AN ADDITIONAL PAYMENT TO YOUNGBLOOD EXCAVATION CONTRACTORS IN THE AMOUNT OF $1,400 FOR MEETING ALL EARLY COMPLETION DEADLINES RELATED TO CONSTRUCTION OF THE PECK EDUCATION TRAIL WHEREAS, the City of Paducah approved Municipal Order No. 2378 on September 8, 2020, authorizing payment to Youngblood Excavation Contractors in the amount of $242,690 for the Peck Education Trail Project; and WHEREAS, contained in the contract was an early substantial completion clause in the amount of $100 per day for up to fourteen (14) days; and WHEREAS, Youngblood Excavation Contractors has met all early completion deadlines to earn the substantial completion bonus of up to $1,400. KENTUCKY: NOW THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the City of Paducah hereby authorizes a bonus payment to Youngblood Excavation Contractors in an amount up to $1,400 for meeting early completion deadlines associated with the Peck Education Trail Project. This increases the total contract with Youngblood Excavation Contractors to $244,090. SECTION 2. This order shall be in full force and effect from and after the date of its adoption. randi Harless, MaNr ATTEST: Pt, t, A - Lindsay Parish, C ,J Clerk Adopted by the Board of Commissioners, December 15, 2020 Recorded by Lindsay Parish, City Clerk, December 15, 2020 \mo\ bonus payment — YEC — Peck Addition 12-2020