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