18 - Agreement with Placer.aiaItem No. 18
TO: Mayor
Mayor Pro Tem
City Council
FROM: Robert G. Vine, Deputy City Manager
SUBJECT: Agreement with Placer.ai — Joint Project with Paris Economic Development
Corporation and the Lamar County Chamber of Commerce
DATE: October 23, 2023
BACKGROUND: Placer.ai is a location analytics company that collects geolocation data from
mobile devices enabled to share data in anonymized fashion. It supports clients' needs to measure
store traffic and the results of marketing campaigns intended to drive store traffic. It also measures
foot traffic counts and dwell time and provides insight to understand how promotions, holidays,
seasonality, and events impact business.
With regard to "area analysis", this application can provide detailed insights into what is happening
in the vicinity of a property, including traffic volumes for road segments, crime history near the
property, and a view of nearby real estate development.
This application makes it possible to discover true trade areas — where customers live and work
and provides opportunity to focus a marketing budget on ideal customers and forecast the impact
new tenants will have.
STATUS OF ISSUE: The City of Paris is partnering with the Paris Economic Development
Corporation and the Lamar Chamber of Commerce to fund the purchase of a one-year subscription
to Placer.ai with each organization providing $5,000 for a total of $15,000 annual cost.
The data obtained from Placer.ai will assist each organization to more efficiently plan, predict,
recruit, retain and inform stakeholders, current businesses and industries and those businesses and
industries that could potentially call Paris home.
Each organization can also utilize this information independently to further their specific missions,
i.e. recruit industries, recruit potential. businesses and/or retail., include data in submission for
potential funding opportunities, etc.
Staff views this as an opportunity to or with the PITC and the Chamber of Commerce to
strengthen the future of Paris and demonstrate a unified effort to that end.
BUDGET: '/'his joint project has an attached cost of $5,000 for the City of Paris.
OPTIONS: 1. Do not approve staff to sign the order for agreement.
2. Request the order form. agreement be amended and be brought back to council
for consideration,
3. Approve the order form/agreement as presented and authorize City Manager Path
RECOMMENDATION: Staff recommends Council approves the order form/agreement for
Placer.ai be approved as presented.
City of Paris, TX
Address:
Contact Person:
Email:
Phone:
Billing Contact Email:
1. Services.
Piacer.awl
PLACER LABS, INC.
ORDER FORM
("Customer") Placer Labs, Inc.
150 SE 1st St. Paris Address:
Paris, TX 75460
Robert Vine
rvine@paristexas.gov
903-784-9216
rvine@paristexas.gov
("Placer")
440 N Barranca Ave., #1277
Covina, CA 91723
Contact Person
Bryce Brill
Billing Contact Person:
Melissa Anderson
Billing Email*:
a l,N,l7iu 8; 6 1,-115 , .,u;ll
Billing Phone*:
415-228-2444
*Not for use for official notices.
The services provided under this Order Form (the "Services") include:
• Access, via Placer Venue Analytics Platform ("Placer's Platform"), to all major venues within the United States
• Access, via Placer's Platform, to reports, including Visits, Trade Areas, Customer Journey, Customer Insights,
Dwell Times, and Visitation by Hour/Day
• Actionable insights include:
o Accurate foot traffic counts and dwell time
o True Trade Areas displaying frequent -visitors -density by home and work locations
o Customers' demographics, interests, and time spent at relevant locations
o Where customers are coming from and going to, and the routes they take
o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics
o Competitive insights
o Void Analysis Reports
• Access to Xtra reports per ad hoc needs; in Excel, KML, Tableau, and other formats: Quarterly Maximum of 26
credits; Annual Maximum of 104 credits
• Access to STI Demographics Bundle + Mosaic Data Set. The applicable Advanced Demographics and
Psychographics are generated using the Input Datasets from the data vendors as set forth below:
.-..............
Description Input Datasets Used
Po Stats
STI Demographics Bundle Spending Patterns
Workplace
Market Outlook
Ex Brian Mosaic Mosaic Se ptric-�A
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2. Permitted Uses
The data, information and materials accessible via the Services are referred to as "Placer Data". Customer may use
Placer Data solely for the following purposes ("Permitted Uses"): (a) Customer may use Placer Data for Customer's
internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and
subject to the restrictions below.
"Research Data" means datasets and other materials created by Customer that result in any part from Customer's
use of Placer Data. The Customer may share Research Data with current and potential customers. and in marketing
materials; provided that the Customer shall cite Placer as a provider of such information (for such purpose only,
Placer grants Customer the rights to use the Placer.ai name and logo, provided that any such use of the Placer.ai name
and logo must clearly indicate that Placer is the provider of data only, and is not involved in any analysis, conclusion,
recommendation). Customer shall not, directly or indirectly, resell, distribute, sublicense, display or otherwise
provide Placer Data to any third parties, except that Customer may display Placer Data as part of Research Data.
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............. ....... _.. —
3.Term and Termination.
Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will
continue for 12 consecutive months thereafter (the "Initial Term"). Each renewal or additional term, if any, is
referred to as "Additional Term," and the Initial Term and any Additional Terms are referred to collectively as the
"Term."
Additional Term: Following expiration of the Initial Term, this Order Form shall be automatically renewed for
additional periods of the same duration as the Initial Term, unless either party provides written notice of non -renewal
at least thirty (30) days prior to the expiration of the then -current term.
Termination: Either party may terminate this Order Form upon thirty (30) days' notice if the other party materially
breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach
remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer's access to the
Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any
restrictions regarding usage of the Services.
4. Fees.
$15,000/year invoiced: in full upon signing this Order Form.
Invoice sent electronically to Customer's billing contact email via NetSuite.
Customer shall pay the fees set forth above in this Order Form.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower, plus all expenses of collection.
Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on
Placer's net income.
If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty
(60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive
an adjustment or credit. Inquiries should be directed to Placer's customer support department at support@placer.ai.
In the event of any termination, Customer will pay in full for the Services.
Placer may increase the fees any time following the Initial Term (but not more frequently than once in any twelve (12)
month period). The amount of such annual increase will equal the greater of CPI or five percent (5%) per annum.
Customer shall be provided with a minimum of 30 day notice prior to any price increase.
All billing will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees
within thirty (30) days of the invoice date.
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5. Support.
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Placer will use commercially reasonable efforts to provide customer service and technical support in connection with
the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion of
federal holidays. For any such support, please contact us at support@placer.ai.
6. Mutual NDA.
Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may
disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred
to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Placer includes, without
limitation, non-public information regarding features, functionalities and performance of, and pricing for, the
Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and
(ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any
third party any Proprietary Information except as may be required by the Texas Public Information Act. The
foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes
generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure
thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to
it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without
use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the
Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably
cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary
Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement.
7. Miscellaneous.
All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given
(a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent
by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business
hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall
be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice
given in accordance with these provisions.
Customer grants Placer the right to use Customer's company name and company logo, for Placer's promotional
purposes.
8. MANDATORY ANTIBOYCOTT„AND ., OTHER PROVISIONS. Contractor acknowledges this Agreement may be
terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the Texas Government
Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott
Israel and will not boycott Israel during the term of the Agreement. Contractor acknowledges this Agreement may be
terminated and payment withheld if this certification is inaccurate. Pursuant to SB 13, 871 Texas Legislature, Contractor
certifies that either (i) it meets an exemption criterion under SB 13, 87' Texas Legislature; or (ii) it does not boycott energy
companies, as defined in Section 1 of SB 13, 87' Texas Legislature, and will not boycott energy companies during the term
of the Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification
is inaccurate. Pursuant to SB 19, 87' Texas Legislature, Contractor certifies that either (i) it meets an exemption criterion
under SB 19, 87' Texas Legislature, or (ii) it does not discriminate against a firearm entity or firearm trade association, as
defined in Section 1 of SB 19, 87' Texas Legislature, and will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Contractor
certifies that Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor
acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.
CON -021782
This Order Form is entered into by and between Customer and Placer effective as of the date of the last signature below. This
Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at
&afC(the "Agreement"); provided, however, that in the event of any conflict
between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form,
capitalized terms herein have the same meaning as in the Agreement.
CON -021782 4