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    Special Council Meeting Agenda Packet 12.10.2024 (1)

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    aswarren77
    Special Council Meeting Agenda Packet 12.10.2024 (1)

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    Special Council Meeting Agenda Packet 12.10.2024 (1)

    Uploaded by

    aswarren77
    39 views40 pages
    Special Council Meeting Agenda Packet 12.10.2024 (1)

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    Special Council Meeting Agenda Packet 12.10.2024 (1)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    39 views40 pages

    Special Council Meeting Agenda Packet 12.10.2024 (1)

    Uploaded by

    aswarren77
    Special Council Meeting Agenda Packet 12.10.2024 (1)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
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    ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH . me HUNDEN PARTNERS FOR MARKET STUDY SERVICES FOR A \ CONVENTION CENTER HOTEL \ WHEREAS, the City of Jackson’s Department of Planning and Development solicited \, proposals from HVS Global Hospitality Services, a division of TS Worldwide, LLC, and Hunden Partners for a comprehensive marketing analysis, financial feasibility, and economic impact study for a new headquarters hotel to service the Jackson Convention Complex. and parking garage; and WHEREAS, both firms responded and submitted a proposal. The Department of Planning and Development evaluated each proposal and selected Hunden Partners (“HTunden”) to conduct a comprehensive marketing analysis, financial feasibility, and economic impact study for a new headquater hotel to service the Jackson Convention Complex and parking garage; and WHEREAS, Hunden’s work plan is as follows: + Task | ~ Kickoff, Project Orientation and Interviews + Task 2 ~ Profile of the Jackson Convention Complex and Historical Performance + Task 3 ~ Economic, Demographic and Tourism Market Analysis + Task 4 ~ Competitive Convention Hotel Package Market Analysis + Task 5 Local Hotel Market Analysis + Task 6 ~ Recommendations + Task 7—Demand and Financial Projections + Task 8- Economic, Fiscal and Employment Impact Analysis WHEREAS, a description of the oriented tasks is attached and incorporated herein for reference as Exhibit A; and WHEREAS, Hunden will complete the scope of work for a fee of $29,000. Hunden will Dill for travel and research related expenses separately, at-cost without markup. This fee assumes time for one (1) in-person trip to Jackson for the kickoff and site visit. Any additional cravel witl be negotiated separately; and WHEREAS, Hunden proposes to bill according to a payment schedule broken out by deliverable milestones. The completion and delivery of each deliverable will signal the preparation and submission of the next appropriate invoice. The proposed billing schedule is outlined below: ‘Market Findings Presentation: $10,000 Delivery of draft report: $10,000 Delivery of final report: $9,000 Agenda Item No. ZZ _ 12.10.24 (Keeton, Lumumba) WHEREAS, the schedule for completion of the market study io ten (10) weeks; and WHEREAS, Micahel Davis, Development Assistance Manager of Planning and Economic Development, is authorized as the representative for the city of Jackson in this agreement; and WHEREAS, the Hunden shall not engage in any activity or accept any employment, interest, or contribution that would reasonably appear to compromise Hunden’s professional judgment with respect to this Project; and WHEREAS, Hunden proposes an agreement with the City of Jackson (“Client”) with the following terms and conditions: SCOPE LIMITATIONS. Hunden’s services do not inolude the following: any assistance with a bond marketing strategy; any assistance with the preparation or distribution of any official statement; or any advice on the municipal bond market. Hunden does not provide advice with respect to municipal financial produots or the issuance of municipal securities, including services with respect to the structure, timing, terms and other similar matters conceming such financial products or issues. ‘Hunden is not a municipal advisor and Hunden is not subject to the fiduciary duty set forth in section 15B(c)(1) of the Registration and Regulation of Brokers and Dealers Act (15 U.S.C. 780-4(¢)(1)) with respect to the municipal financing product or issuance of municipal securities. The Client is advised that any actual issuance of debt must be done under the advice ofits bond comnse! and financial advisors. Your financial advisor should provide any advice concerning the specific structure, timing, expected interest cost, and risk associated with any government loan or bond issue. Potential advisors should not rely on representations made in this report with respect to the issuance of municipal debt, ‘The findings and recommendations of Hunden's research will reflect an analysis of primary and secondary sources of information. Estimates and analyses presented in our work product will be based on data that are subject to variation. Hunden will use sources that it deems reliable, but will not guarantee their accuracy. Recommendations will be made from information provided by the analyses, internal databases, and from information provided by ‘external sources. ‘The Client is entitled to receive the work product(s) prepared by Hunden pursuant to this Agreement, The Client has no right to access or deliverance of any underlying statistics, models, or any other information developed by Hunden in preparing the Report to which this Agreement pertains. REVISIONS, Hunden will complete a maximum of two drafts of the report. The Client is ‘expected to provide comments and edits on the draft report and those will be addressed by Hunden. Hunden’s zesults may not always agree with the desires of the Client. Hunden will Use its independent perspective and research to drive our results. Any revisions, questions, conversations, zooms oF travel requested after two drafts (initial draft report, then final draft), will be billed at Hunden’s hourly rates of $495 for Rob Hunden and $300 for the project team, Payment on the final milestone will be required and an advance of $2,500 on the hourly work that would be required by the Client or its designees, such as lenders and others. UPDATES. Hunden has no responsibility to update its work product(s) for events and circumstances occurring after the date presented to the Client, Delayed invoice payments will result in the delay of deliverables for the next portion of work. If edits and comments are not received from the Client related to any prior deliverable within thirty (30) days of the delivery of the deliverable, the work product will be considered final, and the current billing will be sent and become due. TIMING OF DELIVERABLES. The timeline for the study begins when the following hhave occurred: 1) receipt of first payment, 2) signing of this contract and 3) receipt of any Client materials related to the Project requested by Hunden. VIRTUAL PRESENTATIONS. This contract is limited to up to three (3) viral presentations of findings at the conclusion of the study. Fees for additional virtual presentations will be negotiated separately. BILLING. All invoices must be submitted within the fiscal year the work accrued. Client agrees to pay full amounts no later than forty-five (45) days after receipt and inspection of the invoice. Any past invoices must be paid prior to the delivery of the next Milestone Deliverable. If an invoice remains unpaid for thirty (30) but no more than forty-five (43) days after it was emailed to the client, Hunden may without further obligation, cease the assignment and terminate the Agreement. All previous invoices will remain due, Any invoice unpaid after 30 days will accrue 1-1/2% per monthas set forth in Mississippi Code Annotated, 31-7-305.. Any invoice unpaid after 90 days will result in legal action by Hunden to collect such invoice(s). Failure by Hunden to assess late fees does not preclude Hunden from assessing late fees in the future; however, any late fees that ere not demanded within the scope of the applicable statute of limitations, the Client will not pay. All invoices shall set forth the performed services, the name of the associate that performed such services, the rate, the deliverables, if applicable, and the total cost of the services. ‘TRAVEL. In the event that the Client chooses to alter, adjust or change dates/times of any Client-telated trip after Hunden bas booked and purchased travel arrangements, it shall be the responsibility of the Client to reimburse Hunden for any fees and fare/price differences associated with cancellation/change of travel arrangements. Any additional travel beyond the one (1) in-person trip and site visit shall be approved by the Client, prior to Hunden’s incurrence of fees. Any additional travel will be negotiated separately. USE OF DELIVERABLE. The Work Product is copyrighted and cannot be manipulated in any way beyond the format that it was provided to the Client. BREACH OF AGREEMENT. In the event the Client breaches the terms of this ‘agreement, it agrees to indemnify Hunden for all loss, expense, claims or costs and attomeys’ fees incurred by Hunden resulting from such breach, including the cost of any action taken to rectify any breach, including collection of any amounts remaining due to Hunden from client. The provisions of this section shall survive the termination or expiration of this agreement with respect to any claims or liability occurring prior fo such termination or expiration. TERMINATION. Notwithstanding the Billing language above, Hunden reserves the tight to terminate this Agreement on fifteen (15) days written notice to Client should Client fail to satisfactorily perform its obligations under this Agreement, In the event Hunden terminates this Agreement, Client is obligated to pay Hunden for all services rendered under this Agreement prior to termination, including work through the next unbilled milestone, Nothing contained herein shall constitute a ‘waiver of Hunden’s right to bring suit for damages or to enforce specific performance of this Agreement. In the event of termination of this Agreement by the Client, Client is obligated to pay Hunden for all services rendered under this Agreement prior to termination, including ‘work through the next unbilled milestone. The parties further reserves the right to take any legal action necessary to enforce its rights under this Agreement. In the event a party is required to commence suit, the parties agrees to reimburse the other for its costs and attorneys’ fees in bringing such suit, if determined by a court of competent jurisdiction. CONTRACTING AUTHORITY. Each party represents that it (a) has the power and authority and the legal right to entet into this Agreement and perform its obligations hereunder, and (b) has taken all necessary action on its part required to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder. This Agreement has been duly executed and delivered on behalf of such party and constitutes a legal, valid and binding obligation of such party and is enforceable against it in accordance with its terms subject to the effects of bankruptcy, insolvency or other laws of general application affecting the enforcement of creditor rights and judicial principles affecting the availability of specific performance and general principles of equity, whether enforceability is considered a proceeding at law or equity. UNAUTHORIZED PAYMENTS. The City does not agree to pay extra compensation, fees, or allowances after service has been rendered or a contract has been made, or for any payment not suthorized by law. FAILURE OF LEGISLATURE TO APPROPRIATE. If the Client’s performance under this Agreement depends upon the appropriation of funds by the Mississippi Legislature, and if the Legislature fails to appropriate or reduces the amount of the funds necessary for performance, then the Client may provide written notice of such non- appropriation, or reduction and cancel this Agreement without further obligation of the Client. FORCE MAJEURE. The Parties are excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its control, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, computer viruses, incompatible or defective equipment, software or services not supplied or controlled Girectly by either party, governmental regulation or advisory, recognized health threats (ie., disease outbreaks, epidemics or pandemics) as determined by the World Health Orgnization, the Centers for Disease Control, local government authority or health agencies, curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations or conditions or similar ones prevent, dissuade, or unreasonably delay performance of this Agreement, rendering performance of this Agreement by a pary illegal, impossible, inadvisable, or commercially impracticable. The Agreement may be cancelled by either party, without liability, damages, fees, or penalty, and any unused deposits or amounts paid shall be refunded, for any one or more of the above reasons, by vitten notice to the other party. CONFLICT OF INTEREST. This Agreement is subject to Mississippi Code Annotated Section 25-4-101, as amended. This Agreement may be cancelled if any person significantly involved in the initiating, negotiating, securing, drafting or creating of the ‘Agreement on bebalf of the Client as an employee, consultant, or agent of any other party to this Agreement. Should this Agreement violate a Mississippi Conflict of Interest law, the Agreement may be declared void. RECORDS. The patties shall retain all records directly relating to this Agreement during, the Agreement’s term and for a minimum of an additional three (3) years. Further, such records will be available at reasonable times for inspection and audit by the Client during the term of this Agreement and for three (3) years thercafter. PUBLIC RECORDS. Ifa public records request is made for any information provided to the Client pursuant to the Agreement. The disclosing party shall promptly institute appropriate legal proceedings to protect its information. No party to the Agreement shall be liable to the other party for disclosures of information required by court order or required by law. ‘THE EFFECT OF A BREACH OF A CONTRACT. In the event either party materially breaches the contract, the Client may terminate the contract upon thirty (30) days written notice to the breaching party. Such termination shall not prejudice the non-breaching party's right to pursue any and all other legal or equitable remedies available to it. In the event of breach: ‘The Client do not waive its sovereign immunity. The Client shall only be responsible for liability resulting from the negligent actions of its officers, agents, and employees acting within the course and scope of their officiel duties. Miss. Code Ann. § 11-46-1, et seq, ‘The Client do not waive its Constitutional Eleventh (11th) Amendment immunity. U.S. Const. Amend. XI. Any references to the Client waiving its right to a trial by jury are deleted. Miss. AG Op., Chamberlin (October 18, 2002). Any references to the Client limiting or waiving any common law warranty are deleted. Miss. AG Op, Clark (June 7, 2002); Miss. AG Op., Chamberlin (October 18, 2002). ‘Any references to the Client limiting damages, remedies or waiving any claim are deleted. Miss. Const. Art. 4, § 100; Miss. AG Op., Clark (June 7, 2002); Miss. AG Op. Chamberlin (October 18, 2002). ‘Any references to the Client waiving any cause of action it may have against Company ‘or any other party as a result of Company's breach of the contract, or Company's own negligence or willful misconduet or the negligence or willful misconduct of Compeny’s ‘employees or agents are deleted. Miss, Const. Art. 4, § 100; Miss. AG Op., Clark (June 7, 2002); Miss. AG Op., Chamberlin (October 18, 2002). Any references to the Client submitting to binding arbitration are deleted. Miss. AG Op., Clark (June 7, 2002); Miss. AG Op., Chamberlin (October 18, 2002). Any references to payment of attorney's fees by the Client are deleted, unless determined by court of competent jurisdiction. Miss. AG Op., Nowak (lanuary 23, 2009); Miss. AG Op., Stringer (January 25, 2006). INSURANCE. Hunden shall maintain general liability insurance, workers’ compensation, and any other insurance to the extent required by applicable law. VENUE. Municipal contracts are governed by the laws of the State of Mississippi. Any provision that purports to set venue outside of the State of Mississippi is deleted. Venue shall be proper in Hinds County, Mississippi. U.S. Const. Amend XI; Miss. Code Ann. § 11-11-3; Miss. Code Ann. § 11-45-1; City of Jackson v. Wallace, 196 So. 223 (1940); Miss. AG Op., Clark (June 2, 2002); Miss. AG Op., Nowak (November 19, 2005). ENTIRE AGREEMENT. By the execution of this Agreement, Client acknowledges that he/sheit has read and agreos to the terms and conditions of this Agreement and agrees to the inclusion of a standard set of General Assumptions and Limiting Conditions in the report. Additional conditions prompted by the discovery of extraordinary or unusual circumstances uncovered during the course of investigation may be added to the study assignment, if necessary. DISPUTES. Aay controversy or claim arising out of or relating to this Agreement, or the breach thercof, other than non-payment of amounts due hereunder, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial for other applicable] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall share the cost ofthe arbitrator, but, inthe event, that either party unsatisfied with the judgment, may submit the claim to a court of competent jurisdiction in Jackson, Hinds County, Mississippi. If this document meets with Client's approval, Client may accept this letter and authorize Hunden to proceed by signing below, IT IS, THEREFORE, ORDERED that the Mayor is authorized to execute an Agreement with Hunden Partners for a comprehensive marketing analysis, financial feasibility, and economic impact study for a new headquarters hotel to service the Jackson Convention Complex and parking garage in a total amount not to exceed $29,000.00 and reimbursable expenses in accordance with the provisions set forth inthis Order and the Agreement. Item Now. Date: November 19, 2024 By: (Keeton, Larmumba) CITY COUNCIL AGENDA ITEM 10 POINT DATA SHEET Dare: 11/19/2024 POINTS COMMENTS 1. | Brief Description ‘ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HUNDEN PARTNERS FOR MARKET STUDY SERVICES FOR A CONVENTION CENTER HOTEL Z| Purpose “To perform a merket study for the purpose of evaluating the market demand, analyzing the economics, and forecasting occupancy and average rate (ADR) levels, as well as projecting income and expense levels, for a Proposed Convention Complex Hotel in Jackson, Mississippi. The study will also include recommendation ofthe size, quality and type of lodging facility, end an ‘optimal brand chain scale for the hotel, with a recommendation of parking capacity. 3. |Whowill be affected | City of Jackson (4. | Benefits Increased Tax Base and to substain a business community 5. | Schedule (beginning | Upon approval date) 6. Location: = WARD Ward7 * CITYWIDE (yes or no) (area) * Project limits if applicable 7. | Action implemented by: Department of Planning & Development = City Department * Consultant 8. | CosT ‘$29,000 ‘9, | Source of Funding * General Fund = Grant = * Bond EI * Other = WAIVER mo 410. | ESO pareicpation ape WAIVER se 20 Seeattached sheets | ss WAIVER Jo from ‘NABE WAIVER yes 0 Vendors tnt TO: Mayor Chokwe Lumumba FROM: _Thai Keeton, Director Department of Planning and Economic Development DATE: August 12, 2024 RE: ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HUNDEN PARTNERS FOR MARKET STUDY SERVICES FOR A CONVENTION (CENTER HOTEL To perform a market study for the purpose of evaluating the market demand, analyzing the eeonomics, ‘forecasting ontgany and everge rate (ADR) eves wea projsting income nd expense ves, for a Proposed Convention Complex Hotel in Jackson, Mississippi. The study will also incude recommendation of the siz, quality and type of lodging fecility, and an optimal brand chain scale for the hotel, with a recommendation of parking capacity. Office of the City Attorney ‘455 East 5, \N\ OFFICE OF THE CITY ATTORNEY This ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HUNDEN PARTNERS FOR MARKET STUDY SERVICES FOR A CONVENTION CENTER HOTEL is legally sufficient for placement in NOVUS Agenda. : ULMH, ny fartin, City Attorney Date Sondra Moncure, Special Assistant A. un. Jackson, MS Convention Complex Headquarter Hotel Study Gai.) To: yorecson ‘tr: hal Keeton, Deputy Director of Planing and Development ‘Als Michael A. Das, Development Assistance Manager From: Rob Hunder, CEO, Hunden Partners 213 W insttune Pace, Suke 707 ‘Gicago, 1.60630 rob@hundencom Date: Mey 4.2004 Project Understanding “The Cty of Jackson (Clentor Cty) has requested 2 propose from Hunden Paters (under) to ‘anc a comprehensive market anal, fencalfeasbly, and econame irpact ty for anew headquarter hall (Hotel or Prjet) 12 sere the Jado Conwenton Comelex (Complex) in ‘downtown Jadeon, Missipe, Hunden proposes to provide the Chen wth the professnal servces ‘aquest andi prepored to complete al scope of work elements necessary to determine he markt

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