HomeMy WebLinkAboutCDC-EDCpkt2023-10-05
Item No. 3.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Neighbor Comments.
Persons may address the Board of Directors on items not on the agenda; please
observe the time limit of three (3) minutes. Members of the Board cannot comment on
or deliberate statements of the public except as authorized by Section 551.042 of the
Texas Government Code.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 4.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Approve minutes from the September 7, 2023, Joint Community Development
Corporation and Economic Development Corporation Meeting. (CDC)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 7_2023 CDC EDC Joint Meeting Minutes_final
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Anna Community Development Corporation and Anna Economic Development
Corporation Meeting Minutes
Thursday, September 7, 2023, at 6:00 pm
Anna Municipal Complex, City Council Chambers
120 W. 7th Street, Anna, Texas 75409
The Anna Community Development Corporation and the Anna Economic Development Corporation
conducted a meeting at 6:00 p.m. on Thursday, August 3, 2023, at the Anna Municipal Complex City Council
City Council Chambers, located at 120 W. 7th Street Anna, Texas 75409.
A video recording of the open session portions of the meeting may be viewed online at the City of Anna’s
website: https://www.annatexas.gov/962/AgendasMinutes
CDC and EDC Board Members Present: Bruce Norwood, Rocio Gonzalez, Kylee Kelley, Jody Bills, Allison
Inesta and Michelle Hawkins. CDC and EDC Board Members Absent: Ronnie Kerr. Others Present: Joey
Grisham (Director of Economic Development), Bernie Parker (Assistant Director of Economic
Development), Kimberly Garduno (Economic Development Coordinator), Lee Miller (Mayor Pro Tem), and
Clark McCoy (Attorney).
1. Call to Order, Roll Call, and Establishment of Quorum.
The meeting was called to order by Board President Bruce Norwood at 6:07 p.m.
2. Invocation and Pledge of Allegiance.
Invocation and Pledge of Allegiance was led by Bruce Norwood
3. Neighbor Comments.
None.
4. Consent Agenda.
a. Approve minutes from the September 7, 2023, Joint Community
Development Corporation and Economic Development Corporation
Meeting. (CDC)
b. Approve minutes from the September 7, 2023, Joint Community
Development Corporation and Economic Development Corporation
Meeting. (EDC)
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Rocio Gonzalez made a motion on behalf of the CDC and EDC to approve the consent agenda.
Kylee Kelley seconded the motion. All were in favor. Motion passed.
5. Individual Consideration.
a. Consider/Discuss/Act on a resolution approving an agreement with Cooksey
Communications for public relations and marketing services. (CDC)
Joey Grisham explained the roles and responsibilities of Cooksey as it relates to
public relations and marketing services for the CDC/EDC. Mr. Grisham shared
multiple examples of Cooksey’s accomplishments this past year, including articles
in the Dallas Morning News, articles in the Dallas Business Journal, website
updates, updated imagery, and new trade booth. Mr. Grisham stated their contract
would be structured not to exceed $85,000.
Bruce Norwood made a motion on behalf of the CDC to adopt a resolution
approving an agreement with Cooksey Communications for public relations and
marketing services. Jody Bills seconded the motion. All were in favor. Motion
passed.
b. Consider/Discuss/Act on a resolution approving an agreement with Swimming
Duck, LLC for digital media services. (CDC)
Joey Grisham explained the role and responsibilities of Swimming Duck, LLC as it
relates to the digital media services they provide to the CDC/EDC. Mr. Grisham
shared the importance of utilizing digital media to promote marketing
opportunities and capture data regarding digital media site visits. Swimming Duck
uses the captured data to establish important metrics to target certain markets for
economic development. Mr. Grisham stated Swimming Duck’s contract is $45,000.
Bruce Norwood made a motion on behalf of the CDC to adopt a resolution
approving an agreement with Swimming Duck, LLC for digital media services.
Allison Inesta seconded the motion. All were in favor. Motion passed.
6. Director's Report.
a. Strategic Plan Update
Joey Grisham presented August’s CDC/EDC measurables and updated additional
information from Anna’s News Article in the Dallas Morning News. Mr. Grisham
attended and informed Anna’s Seniors on current EDC/CDC projects. New business
openings were Lamar National Bank with the Surgery Center and Medical Office
Building to open soon. Mr. Grisham mentioned speaking at a recent Texoma Council
of Governments event, increased website activity, increased LinkedIn followers,
increased residential activity, and multiple real estate meetings.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
b. Financial Report/Sales Tax Update
Mr. Grisham stated that sales tax is up 5.1% from last year
c. 3 Nations Brewing Co. Soft Opening
Mr. Grisham stated that September 14th, 6 pm – 10 pm, will be the 3 Nations soft
opening, and their Grand Opening to the public would be September 16th, 12 noon –
11 pm.
7. Closed Session.
a. Deliberate regarding the purchase, exchange, lease or value of real property.
(Tex. Gov’t Code §551.072) possible property acquisition; possible land
sale/purchase.
b. Consult with legal counsel on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code
(Tex. Gov’t Code §551.071); Grant program; Lease agreement and professional
services contract.
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the Board of
Directors has received from a business prospect that the Board of Directors seeks
to have locate, stay, or expand in or near the territory of the City of Anna and with
which the Board is conducting economic development negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1). (Tex. Gov’t Code §551.087) Anna Business Park Property;
potential retail and medical projects.
Kylee Kelley made a motion to enter closed session. Rocio Gonzalez seconded the motion. All
were in favor. Motion passed. CDC Board entered closed session at 6:29 p.m.
8. Reconvene into open session and take any action on closed session items.
Bruce Norwood made a motion to reconvene into open session. Jody Bills seconded the
motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:37 p.m.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
9. Receive reports from staff or Board Members about items of community interest.
Kimberly Garduno presented the Board with Anna’s 2023 Fall Guide.
Ms. Garduno stated upcoming Anna’s Events: September 14th 3 Nations Soft opening at 6 pm.,
September 16th 3 Nations Grand Opening at 12 noon, September 11th Memorial Service at
7:30 am located at the Central Fire Station, October 3rd National Night Out, October 7th Anna
Fest, October 21st Boo Bash.
Mr. Bernie Parker stated on September 26th there will be a Downtown Development Update
for Downtown Business Leaders and Merchants to be held in the EOC of the Central Fire
Station.
10. Adjourn.
Kylee Kelley a motion to adjourn the meeting at 7:39 p.m. Jody Bills seconded the motion. All
were in favor. Motion passed.
APPROVED: ATTESTED:
____________________________ ____________________________
Bruce Norwood Rocio Gonzalez
President of CDC/EDC Secretary of CDC/EDC
Item No. 4.b.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Approve minutes from the September 7, 2023, Joint Community Development
Corporation and Economic Development Corporation Meeting. (EDC)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 7_2023 CDC EDC Joint Meeting Minutes_final
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Anna Community Development Corporation and Anna Economic Development
Corporation Meeting Minutes
Thursday, September 7, 2023, at 6:00 pm
Anna Municipal Complex, City Council Chambers
120 W. 7th Street, Anna, Texas 75409
The Anna Community Development Corporation and the Anna Economic Development Corporation
conducted a meeting at 6:00 p.m. on Thursday, August 3, 2023, at the Anna Municipal Complex City Council
City Council Chambers, located at 120 W. 7th Street Anna, Texas 75409.
A video recording of the open session portions of the meeting may be viewed online at the City of Anna’s
website: https://www.annatexas.gov/962/AgendasMinutes
CDC and EDC Board Members Present: Bruce Norwood, Rocio Gonzalez, Kylee Kelley, Jody Bills, Allison
Inesta and Michelle Hawkins. CDC and EDC Board Members Absent: Ronnie Kerr. Others Present: Joey
Grisham (Director of Economic Development), Bernie Parker (Assistant Director of Economic
Development), Kimberly Garduno (Economic Development Coordinator), Lee Miller (Mayor Pro Tem), and
Clark McCoy (Attorney).
1. Call to Order, Roll Call, and Establishment of Quorum.
The meeting was called to order by Board President Bruce Norwood at 6:07 p.m.
2. Invocation and Pledge of Allegiance.
Invocation and Pledge of Allegiance was led by Bruce Norwood
3. Neighbor Comments.
None.
4. Consent Agenda.
a. Approve minutes from the September 7, 2023, Joint Community
Development Corporation and Economic Development Corporation
Meeting. (CDC)
b. Approve minutes from the September 7, 2023, Joint Community
Development Corporation and Economic Development Corporation
Meeting. (EDC)
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Rocio Gonzalez made a motion on behalf of the CDC and EDC to approve the consent agenda.
Kylee Kelley seconded the motion. All were in favor. Motion passed.
5. Individual Consideration.
a. Consider/Discuss/Act on a resolution approving an agreement with Cooksey
Communications for public relations and marketing services. (CDC)
Joey Grisham explained the roles and responsibilities of Cooksey as it relates to
public relations and marketing services for the CDC/EDC. Mr. Grisham shared
multiple examples of Cooksey’s accomplishments this past year, including articles
in the Dallas Morning News, articles in the Dallas Business Journal, website
updates, updated imagery, and new trade booth. Mr. Grisham stated their contract
would be structured not to exceed $85,000.
Bruce Norwood made a motion on behalf of the CDC to adopt a resolution
approving an agreement with Cooksey Communications for public relations and
marketing services. Jody Bills seconded the motion. All were in favor. Motion
passed.
b. Consider/Discuss/Act on a resolution approving an agreement with Swimming
Duck, LLC for digital media services. (CDC)
Joey Grisham explained the role and responsibilities of Swimming Duck, LLC as it
relates to the digital media services they provide to the CDC/EDC. Mr. Grisham
shared the importance of utilizing digital media to promote marketing
opportunities and capture data regarding digital media site visits. Swimming Duck
uses the captured data to establish important metrics to target certain markets for
economic development. Mr. Grisham stated Swimming Duck’s contract is $45,000.
Bruce Norwood made a motion on behalf of the CDC to adopt a resolution
approving an agreement with Swimming Duck, LLC for digital media services.
Allison Inesta seconded the motion. All were in favor. Motion passed.
6. Director's Report.
a. Strategic Plan Update
Joey Grisham presented August’s CDC/EDC measurables and updated additional
information from Anna’s News Article in the Dallas Morning News. Mr. Grisham
attended and informed Anna’s Seniors on current EDC/CDC projects. New business
openings were Lamar National Bank with the Surgery Center and Medical Office
Building to open soon. Mr. Grisham mentioned speaking at a recent Texoma Council
of Governments event, increased website activity, increased LinkedIn followers,
increased residential activity, and multiple real estate meetings.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
b. Financial Report/Sales Tax Update
Mr. Grisham stated that sales tax is up 5.1% from last year
c. 3 Nations Brewing Co. Soft Opening
Mr. Grisham stated that September 14th, 6 pm – 10 pm, will be the 3 Nations soft
opening, and their Grand Opening to the public would be September 16th, 12 noon –
11 pm.
7. Closed Session.
a. Deliberate regarding the purchase, exchange, lease or value of real property.
(Tex. Gov’t Code §551.072) possible property acquisition; possible land
sale/purchase.
b. Consult with legal counsel on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code
(Tex. Gov’t Code §551.071); Grant program; Lease agreement and professional
services contract.
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the Board of
Directors has received from a business prospect that the Board of Directors seeks
to have locate, stay, or expand in or near the territory of the City of Anna and with
which the Board is conducting economic development negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1). (Tex. Gov’t Code §551.087) Anna Business Park Property;
potential retail and medical projects.
Kylee Kelley made a motion to enter closed session. Rocio Gonzalez seconded the motion. All
were in favor. Motion passed. CDC Board entered closed session at 6:29 p.m.
8. Reconvene into open session and take any action on closed session items.
Bruce Norwood made a motion to reconvene into open session. Jody Bills seconded the
motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:37 p.m.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Jody Bills, Vice-President Bernie Parker, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
9. Receive reports from staff or Board Members about items of community interest.
Kimberly Garduno presented the Board with Anna’s 2023 Fall Guide.
Ms. Garduno stated upcoming Anna’s Events: September 14th 3 Nations Soft opening at 6 pm.,
September 16th 3 Nations Grand Opening at 12 noon, September 11th Memorial Service at
7:30 am located at the Central Fire Station, October 3rd National Night Out, October 7th Anna
Fest, October 21st Boo Bash.
Mr. Bernie Parker stated on September 26th there will be a Downtown Development Update
for Downtown Business Leaders and Merchants to be held in the EOC of the Central Fire
Station.
10. Adjourn.
Kylee Kelley a motion to adjourn the meeting at 7:39 p.m. Jody Bills seconded the motion. All
were in favor. Motion passed.
APPROVED: ATTESTED:
____________________________ ____________________________
Bruce Norwood Rocio Gonzalez
President of CDC/EDC Secretary of CDC/EDC
Item No. 5.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Individual Consideration.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 5.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Act on a resolution approving an agreement for technology services
with Bludot Technology for economic development services. (CDC)
SUMMARY:
Staff met with Bludot at a few recent conferences and did a demo with them. Bludot is a
software platform that empowers communities to boost their business retention &
expansion efforts. Through their CRM system, we are able to track all communications
with local businesses, metrics, maintain data, and send targeted communications.
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. CDC Bludot Resolution_Downtown Marketing_CDC Sept 2023
2. EXHIBIT A_BLUDOT_Agreement_Sept 2023
ANNA CDC RESOLUTION NO.___ PAGE 1 OF 1
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. _________
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING A CONTRACT FOR TECHNOLOGY SERVICES FOR ECONOMIC
DEVELOPMENT
WHEREAS, the Anna Community Development Corporation (the “CDC”) Board of
Directors desires to approve and authorize the execution of an Agreement with Bludot
Technologies Inc. with Terms and Conditions governing provision of technology
services for economic development; and
WHEREAS, the CDC Board of Directors has determined that the above-referenced
agreement and services are in the best interests of the CDC and will promote new or
expanded business development in the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval, Funding, and Authority to Execute Agreement
The CDC hereby authorizes the Economic Development Director to execute a contract
subject to approval as to legal form attached hereto as Exhibit A for technology services
and to charge the CDC’s contract services item in an amount not to exceed $6,000 in
the Fiscal Year 2023-2024 for technology services,
PASSED AND APPROVED by the Anna Community Development Corporation this 5th
day of October 2023.
APPROVED:
_____________________________
Bruce Norwood, CDC President
ATTEST:
________________________________
Rocio Gonzalez, CDC Secretary
Bludot Technologies Inc.
650 Castro St Ste 120 #96003, Mountain View, CA 94041
Email: sophia@bludot.io
Phone: 215-828-7281
Anna Community Development Corporation
120 W. Seventh Street, Anna, TX 75409-0776
Email: KGarduno@annatexas.gov
QUOTE
DATE 6/7/2023
For questions concerning this quote, please contact:
Sophia Zheng
Founder/CEO Bludot Technologies Inc.
sophia@bludot.io | 215-828-7281
www.bludot.io
Agreement subject to Bludot Terms and Conditions
CUSTOMER
395.00$
* Flat fee for unlimited users
DESCRIPTION
Subscription Term
Bludot Economic Development CRM - 1000 Businesses *
Annual Total
$/MONTH
12
5,880.00$
Bludot Open Business Directory 95.00$
Terms and Conditions
1. ACCEPTANCE OF TERMS
Thank you for using Bludot Technologies Inc. ("Company")’s products, services, websites, and apps which are
branded as “Bludot” or “Bludot Open” (collectively “Services”).
Company provides its Services to you through its website located at https://bludot.io (the "Site"), including all
subdomains such as https://open.bludot.io and https://app.bludot.io, application programming interface (the "API"), or
any mobile application (the "Mobile App", together with the Site and the API, the "Application"), subject to this Terms
and Conditions agreement ("Agreement"). You ("Customer") indicate your acceptance of this Agreement by clicking
or tapping on a button indicating your acceptance of this Agreement, by executing a document that references them,
or by using the Services. If you are entering into this Agreement on behalf of a company, business or other legal
entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case
the terms "you", "your", or "Customer" shall refer to such entity and its affiliates.
2. SERVICES AND SUPPORT
2.1 The "Services" means (a) the Application, (b) all software (including the Software, as defined below),
data, reports, text, images, sounds, video, and content made available through any of the foregoing
(collectively referred to as the "Content") and all modifications thereto.
2.2 Company reserves the right to alter the Services at any time. Company may provide, from time to
time, enhancements to the Services which are added to the Services under this Agreement at no additional
cost (“Enhancements”). Company may also provide, from time to time, additional features to the Services
which may, but are not required to, be added to the Services under this Agreement at an additional cost
(“Optional Features”). The parties understand and agree that access to and use of such Optional Features
will be subject to both payment of the applicable fees therefor as well as additional or different terms and
conditions applicable to such Optional Features.
2.3 Subject to the terms hereof, Company will provide Customer with reasonable technical support
services in accordance with Company’s standard practice.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms
relevant to the Services or any software, documentation or data related to the Services (“Software”); modify,
translate, or create derivative works based on the Services or any Software (except to the extent expressly
permitted by Company or authorized within the Services); use the Services or any Software for timesharing
or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or
labels.
3.2 Further, Customer may not remove or export from the United States or allow the export or re-export of
the Services, Software or anything related thereto, or any direct product thereof in violation of any
restrictions, laws or regulations of the United States Department of Commerce, the United States
Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or
authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and
according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software”
and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR
section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such
commercial software or commercial software documentation by the U.S. Government will be governed solely
by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms
of this Agreement.
3.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance
with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and
regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages,
losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in
connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from
Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the
Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to
be) in violation of the foregoing.
3.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services
needed to connect to, access or otherwise use the Services, including, without limitation, modems,
hardware, servers, software, operating systems, networking, web servers and the like (collectively,
“Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer
account, passwords (including but not limited to administrative and user passwords) and files, and for all
uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
4. CONFIDENTIALITY; PROPRIETARY RIGHTS
4.1 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
(hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of
Company includes non-public information regarding features, functionality and performance of the
Service. Proprietary Information of Customer includes non-public data provided by Customer to Company
to enable the provision of the Services (“Customer Data”). 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 herein) or divulge to any third person any such Proprietary
Information. The Disclosing Party agrees that 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, or (b) was in its
possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it
without restriction by a third party, or (d) was independently developed without use of any Proprietary
Information of the Disclosing Party or (e) is required to be disclosed by law.
4.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and
retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or
modifications thereto, (b) any software, applications, inventions or other technology developed in connection
with Implementation Services or support, and (c) all intellectual property rights related to any of the
foregoing.
4.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data
and other information relating to the provision, use and performance of various aspects of the Services and
related systems and technologies (including, without limitation, information concerning Customer Data and
data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such
information and data to improve and enhance the Services and for other development, diagnostic and
corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such
data solely in aggregate or other de-identified form in connection with its business.
4.4 Company may collect information from third party services via integrations you initiate ("Connected
Account Data"). Connected Account Data may be stored and processed by Company after an integration is
disconnected for the purpose of providing the Services. Connected Account Data is maintained for the
duration your organization's account is active.
5. PAYMENT OF FEES
5.1 To the extent the Services or any portion thereof is made available for any fee, Customer will be
required to make payment according to the selected subscription tier. Such subscription tier may include the
option to prepay for access to the Services before it begins or to receive an invoice for payment after use of
the Services has begun. Additional information on our subscription tier is available in the Order Form. In the
case that the subscription tier selected by Customer involves recurring payments, Customer authorizes
Company to bill the provided payment instrument on a periodic basis in accordance with the terms of the
applicable subscription tier until termination of Customer account.
5.2 If Customer’s use of the Services requires payment of additional fees (per the terms of this
Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the
manner provided herein. Company reserves the right to change the Fees or applicable charges and to
institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon
thirty (30) days prior notice to Customer. If Customer believes that Company has billed Customer
incorrectly, Customer must contact Company no later than 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 Company’s customer support department.
5.3 All fees invoiced by Company must be received within thirty (30) days after the invoice date. Customer
agrees that unless otherwise set forth in this Agreement, all fees paid and payable to Company under this
Agreement shall be non-refundable. 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 and may result in immediate termination of Service. Customer shall be responsible for all taxes
associated with Services other than U.S. taxes based on Company’s net income.
6. TERM AND TERMINATION
6.1 To the extent the Services or any portion thereof is made available for any fee, subject to earlier
termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form,
and shall be automatically renewed for additional periods of the same duration as the Initial Service Term
(collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of
the then-current term.
6.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon
thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this
Agreement. If any payment is due, Customer will pay in full for the Services up to and including the last day
on which the Services are provided. Upon any termination, Company will make all Customer Data available
to Customer for electronic retrieval for a period of thirty (30) days. All sections of this Agreement which by
their nature should survive termination will survive termination, including, without limitation, accrued rights
to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
7. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services
in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a
professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance
or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of
other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide
advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED
“AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
8. INDEMNITY
Company shall hold Customer harmless from liability to third parties resulting from infringement by the
Services of any United States patent or any copyright or misappropriation of any trade secret, provided
Company is promptly notified of any and all threats, claims and proceedings related thereto and given
reasonable assistance and the opportunity to assume sole control over defense and settlement; Company
will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not
apply with respect to portions or components of the Services (i) not supplied by Company, (ii) made in
whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by
Company, (iv) combined with other products, processes or materials where the alleged infringement relates
to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof
or after being informed of modifications that would have avoided the alleged infringement, or (vi) where
Customer’s use of the Services is not strictly in accordance with this Agreement. If, due to a claim of
infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to
be infringing, Company may, at its option and expense (a) replace or modify the Services to be non-
infringing provided that such modification or replacement contains substantially similar features and
functionality, (b) obtain for Customer a license to continue using the Services, or (c) if neither of the
foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and
provide Customer a refund of any prepaid, unused fees for the Services.
9. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,
COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND
TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT,
EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER
BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO
COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT
THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. MISCELLANEOUS
10.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by
Customer except with Company’s prior written consent. Company may transfer and assign any of its rights
and obligations under this Agreement without consent. This Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as
otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and Customer does not have any authority of any kind to bind Company in any respect
whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be
entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be
deemed to have been duly given when received, if personally delivered; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt
requested. This Agreement shall be governed by the laws of the State of California without regard to its
conflict of laws provisions. Customer agrees to reasonably cooperate with Company to serve as a
reference account upon request.
10.2 Competitive Procurement Selection Process. The competitive procurement selection process by
which Customer contracts with Company may be acknowledged and used by other government entities to
replace their respective competitive procurement selection process for RFP purposes such that other
government entities may contract with Company for the same or substantially similar product(s) or
service(s) without undergoing a separate competitive procurement selection process.
10.3 Piggy-Back Contracting. The terms, conditions, and prices of this contract executed between
Customer and Company may be used by other government entities to contract with Company for the same
or substantially similar product(s) and service(s) under either the same or a separate contract.
Item No. 6.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Director's Report.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 6.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Strategic Plan Update
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 2023 Strategic Plan Update (1)
Economic Development
Strategic Plan Highlights
September 2023
Anna Economic Development Director Joey Grisham
served as a panelist at the REDnews Collin County Real
Estate Summit.
The Dallas Business Journal covered several reasons Anna
has experienced significant growth in recent years “How
leaders in Anna, Texas, are leveraging its location for
growth while preserving the city’s “hometown feel.”
The Meadow Vista Public Improvement District was
created at the Sept. 26th City Council Meeting.
The NRP Meryl Street PFC Memorandum of Understanding
was approved on Sept.26.
Staff attended the soft opening for 3 Nations Brewing
Company.
Joey Grisham and Bernie Parker delivered a presentation
on Downtown Development Update to Core Downtown
Business Leaders and Downtown Merchants.
Measureables
September 2023 New Newsle t t er Subscri bers :
6 (1,9 15 t otal)
New LinkedI n Fo l lower s : 2 3
(1,315 to t al)
Busine s s R etention
Expa n s io n Co ntac t s: 9
Real Estate Bro ker /
Dev elo per Me etings : 1 8
Co nstr u cti on /
Arc h itectura l Meeti ng s: 7
Item No. 6.b.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Downtown Update
SUMMARY:
Staff held a Downtown update meeting with merchants on September 26th and
presented the attached.
STAFF RECOMMENDATION:
ATTACHMENTS:
1. 2023 Downtown Presentation (1)
9/28/2023 2
Downtown District Areas (Zones)
9/28/2023 3
9/28/2023 4
Updated
Dimensional
Standards
Special Downtown District Standards
9/28/2023 5
Parking:
Any new development in the Downtown (DT) District may apply a 25% reduction to the required
parking ratio for the proposed land use.
Trash :
City contractor-approved rolling carts may be used rather than enclosures.
Any nonresidential use may share a garbage, trash, or refuse container with another
nonresidential use (Director approval).
Bar (75% sales from alcohol) Separation Standards:
DT District is exempt from the separation standards
9/28/2023 6
Capital Improvement Plan – Streets
9/28/2023 7
Capital Improvement Plan – Utilities
9/28/2023 8
9/28/2023 9
9/28/2023 10
9/28/2023 11
9/28/2023 12
9/28/2023 13
Downtown
Downtown Master Plan adopted in 2021
TIRZ District created in Dec. 2021
Downtown Incentive Policy
Existing Building Matching Grant
New Development and Redevelopment Grant
Grease Trap Rebate
3 Nations Brewing Company opened September 16th
Current total Downtown investment: $65 million (City
Hall,Central Fire Station, Library and Plaza,
water/wastewater upgrades, 5th and 7th Street upgrades,
parking, and more)
Questions/Contact Info
Joey@opportunityannatx.com
214-831-5394
Bernie@opportunityannatx.com
214-831-5364
Item No. 7.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Closed Session.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 8.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Reconvene into open session and take any action on closed session items.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 10.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2023
Staff Contact:
AGENDA ITEM:
Adjourn.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS: