01-01-2016 DestiMetrics - Client AgreementR dLVA I
INI RM
Resort Intelligence.
DestiMetrics — Client Agreement
This Agreement is between DestiMetrics, LLC (DMX) and Town of Avon (Client), regarding travel /tourism
related research services (Services), subject to the terms and conditions described herein, and includes
Client, participating properties (Client - Properties) and a designated number of full -time staff, who will be
participants (collectively referred to as Subscribers). This Agreement is effective on the date of the Client's
execution, and provides for the following:
Services:
Services Provided: Include those services and related deliverables and work product (collectively, Services)
which are provided in connection with this Agreement as further described in "Attachment A— Program
Services and Deliverables" attached hereto and incorporated herein by reference.
Start Up: Includes DestiMetrics /Client initial organizational meeting, assistance with property recruitment
and their sub - contract agreements, along with assistance with initial data load data validation and
Client /Client Property support training and assistance as needed. Note, if a new destination, Startup and also
includes any historical data aggregation precede start of monthly reporting cycle.
Term of Service: Services begin with Startup, then continue with the initiation of ongoing monthly services as
of the first day of the first reporting month, expected to be 1/1/2016 resulting in a related report by middle of
the following month, and continuing for 12 monthly cycles. The final report is for data as of 12/31/2016 and
delivered in the month thereafter. A 30 day written notice of termination, of one or more products, may be
provided by either Party during the Term of Service.
Participation: The number of data submitting Client - Properties provided for by this Agreement is 9. Total
number of individual Subscriber licenses is based on: i) up to 3 Subscriptions for Clients /key stakeholders, ii)
two for each Client- Property = 18, iii) the total of which is up to 21 and is subject to change by mutual
agreement during the term of this Agreement.
Client Responsibilities: Client will:
1. Compensate DMX a total of $20,450 /year for 1 year according to the following Schedule:
Invoice Date
Amt. Due:
Description
Upon Execution
$5,112.50
First of four quarterly payments,
April 1, 2016
$5,112.50
Second of four quarterly payments,
July 1, 2016
$5,112.50
Third of four quarterly payments,
October 1, 2016
$5,112.50
Fourth of four quarterly payments
Note: Fees are based on the payment terms outlined above and may result in higher fees if modified.
2. Assign a Designated Representative in the person of Danita Dempsey (Client Representative) to serve
as primary contact for contract administration and Client's performance of the responsibilities
described herein.
3. Identify, recruit, and maintain responsibility for the administration and assignment of participating
Property- Clients and Subscribers and assist in their training and startup, then assist when needed to
assure timely data submission by Client- Properties (in accordance with DMX procedures).
4. Generally recommend and endorse participation by other properties and comparative destinations,
all mindful that DMX is a co- operative industry program, whose value increases with broader
participation.
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Job #734 Page 1 of 11 °D Client (Initial)
678 s Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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5. The Client- Properties /Subscribers shall be subject to, and bound by, such other necessary and
reasonable terms and provisions as established and provided by DMX from time to time in
furtherance of the terms and provisions of this Agreement.
6. Comply with the terms of Confidentiality and Non - Disclosure as further described below.
III. DMX Services and Responsibilities: DMX will:
1. Collect, examine, evaluate, aggregate and report the results of the Services and Deliverables as
described in Attachment A, using proprietary systems and procedures and enabling technology
(created by DMX to be used in the collection, aggregation and subsequent reporting of the related
Services), and make such results available to Clients and Client - Properties, as provided under the
terms of this Agreement.
2. Assist Client in their recruitment, training, startup and ongoing support of participating Client - Properties
and their designated Subscribers then oversee ongoing Client - Property data submission (in accordance
with DMX procedures)
3. Distribute results to Clients, Client - Property representative subscribers (Subscribers) by way of a
secure web portal to which Subscribers are provided access via individual subscriber logons.
4. Provide Client, Client - Properties and their Subscribers with access to additional DMX products and
services on an a la carte basis, at best available rates, subject only to pre- existing commitments and
in accordance with its standard Terms and Conditions.
5. Comply with the terms of Confidentiality and Non - Disclosure as further described below.
Confidentiality and Distribution:
All data provided by Client- Properties will be treated as Confidential Information, not to be published
or distributed unless /until aggregated with other similar data and undistinguishable as a result,
where upon DMX may use /distribute the resulting data as it chooses and at its sole discretion,
including, without limitation, multi - property competitive views, destination comparative reports, and
any other custom segment reports, provided only that resulting data is limited to DMX Subscribers
and not otherwise made public.
All DMX Subscribers acknowledge and agree that all information, reports and related data posted
within the DMX web portal and /or otherwise provided by DMX is CONFIDENTIAL INFORMATION, to
which access is restricted to Subscribers in good standing by way of confidential and proprietary log
in and who covenant and agree that reproduction, distribution or sharing of this CONFIDENTIAL
INFORMATION is STRICTLY PROHIBITED and enforceable by law excepting only when specific written
agreement provides otherwise.
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Job #734 Page 2 of 11 DD Client (Initial)
678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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Resort Intelligence.
IV. Terms and Conditions:
1. Billine Procedures:
a) Fees related to this Agreement are due and payable as described in the Client Responsibilities
section of this Agreement and become Delinquent if not received within 30 days of invoice date.
Delinquent payments are subject to interest charges at 1.5% per month until received and, if not
cured within 30 days of notice, are grounds for default under this Agreement and the right to
pursue related remedies exists.
b) Expenses will be those reasonable out -of- pocket costs incurred by DMX and /or its agents, during
the performance of this Agreement and are billed monthly as incurred. i) Travel costs include
meal reimbursement, lodging, air, rental car, and personal car use from DMX's corporate offices
or that of the designated contractor. ii) Other office costs, including phone, air freight, and
Internet and /or web conference fees are treated as part of DMX's standard costs of business and
will not be treated as reimbursable expenses, excepting by prior written agreement. iii) Travel
Time will be charged at DMX's standard rates and treated as travel related expenses, unless
otherwise agreed upon.
c) Any /all additional work requested by Client and not already included in this Agreement, will be
performed, subject to pre- existing commitments, and at DMX standard rates, terms and
conditions.
2. Client - Property Participation: In the performance of their obligations under this Agreement, both
DMX and Client rely on data provided by participating Client- Properties which must achieve
participation thresholds that are set by DMX, depending on report type, participating property
inventory configuration and overall destination census.
a) Client - Properties are recruited by Client with assistance from DMX, and made party to this
Agreement by way of a separate- but - related Property Participation Profile, to be completed by
an authorized representative of the Client Property, whereby the Client- Property becomes a
participant in good standing, and two of its designated representatives become authorized
Subscribers and will be granted login access to the DMX web portal and all Services provided as
part of this Agreement.
3. Cancellation: This Agreement shall terminate upon completion of all services provided for herein, or
with 30 days written notice by any Party, for one or more products, whereupon, this Agreement
shall be wound down and, at a minimum, Client will reimburse DMX for any /all work performed to
date, including any /all unpaid startup fees.
4. Independent Contractor: DMX and the Client shall be considered independent contractors. Neither
DMX nor the Client is an employee, agent, joint venturer or partner of the other entity. Nothing shall be
interpreted as creating an employment relationship between or among DMX and the Client. DMX shall
have control of the manner and means by which its services are provided to the Client subject to the
terms and provisions of this Agreement.
5. Controlling Law: This Agreement shall be construed in accordance with, and governed by, the laws of
the State of Colorado.
6. Venue: DMX and the Client hereby agree and consent that any action, suit or proceeding arising out of
this Agreement shall be brought in the District Court for the City and County of Denver, State of
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Job #734
Page 3 of 11
DD Client (Initial)
678 S Franklin
P. 303.722.7346
info @DestiMetrics.com
Denver, CO 80209
F. 303.745.7380
www.DestiMetrics.com
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Resort Intelligence.
Colorado, and by execution of this Agreement both parties hereto irrevocably consent and agree to the
jurisdiction of such court.
Dispute Resolution: Any disputes arising out of this Agreement shall be subject to arbitration. As a
pre- condition to the filing of any such arbitration, all claims, disputes, and other matters in question
between the parties to this Agreement arising out of or relating to this Agreement concerning a
breach thereof, shall first be submitted to non - binding mediation prior to initiation of any arbitration
unless the parties mutually agree otherwise. The cost of said mediation shall be split equally
between the parties. This Agreement to mediate shall be specifically enforceable under the
prevailing laws of the State of Colorado.
The parties agree that any disputes concerning the terms and conditions of this Agreement that
cannot be resolved after consultation and discussion between the parties or by mediation shall be
submitted to binding arbitration through either the American Arbitration Association or the Judicial
Arbiter Group in accordance with commercial arbitration rules and the Colorado Arbitration Act, with
the tribunal being selected by the party filing the demand for Arbitration. Any such arbitration shall be
conducted at Denver, Colorado. The parties shall select one mutually agreeable arbitrator from the
candidates available through the arbitration tribunal. The arbitrator shall have the power to grant
interim and injunctive relief, provided that any party may apply to any court of competent
jurisdiction to enjoin a breach of confidential information obligation(s). Judgment upon the award
rendered by the arbitrator may be entered into any court having jurisdiction. In connection with any
dispute, the prevailing party shall be awarded and shall recover from the other non - prevailing party all
costs and expenses, including reasonable attorney's fees, as may be incurred.
8. Additional Provisions (If Any):
a. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit,
or otherwise modify any governmental immunity that may be available by law to the Town, its
officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in
particular, governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
b. Affirmative Action: DMX will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. DMX will take affirmative action to ensure
applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
c. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town is subject to
Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not intend to violate the
terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed
that this Agreement does not create a multi - fiscal year direct or indirect debt or obligation within
the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary,
all payment obligations of the Town are expressly dependent and conditioned upon the continuing
availability of funds beyond the term of the Town's current fiscal period ending upon the next
succeeding December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
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Job #734 Page 4 of 11 CID Client (Initial)
678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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Resort Intelligence.
Employment of or Contracts with Illegal Aliens: DMX shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. DMX shall not contract with a subcontractor
that fails to certify that the subcontractor does not knowingly employ or contract with any illegal
aliens. By entering into this Agreement, DMX certifies as of the date of this Agreement it does not
knowingly employ or contract with an illegal alien who will perform work under the public contract
for services and that the contractor will participate in the e- verify program or department program
in order to confirm the employment eligibility of all employees who are newly hired for employment
to perform work under the public contract for services. DMX is prohibited from using either the e-
verify program or the department program procedures to undertake pre - employment screening of
job applicants while this Agreement is being performed. If DMX obtains actual knowledge that a
subcontractor performing work under this Agreement knowingly employs or contracts with an illegal
alien, DMX shall be required to notify the subcontractor and the Town within three (3) days that
DMX has actual knowledge that a subcontractor is employing or contracting with an illegal alien.
DMX shall terminate the subcontract if the subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving the notice regarding DMX's actual knowledge.
DMX shall not terminate the subcontract if, during such three days, the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. DMX is required to comply with any reasonable request made by the Department of
Labor and Employment made in the course of an investigation undertaken to determine compliance
with this provision and applicable state law. If DMX violates this provision, the Town may terminate
this Agreement, and DMX may be liable for actual and /or consequential damages incurred by the
Town, notwithstanding any limitation on such damages provided by such Agreement.
Ownership of Documents: The reports produced by DMX (per Attachment A) pursuant to this
Agreement shall become property of the Town of Avon upon delivery and shall not be made subject
to any copyright unless authorized by the Town. Other materials, methodology and proprietary
work used or provided by DMX to the Town not specifically created and delivered pursuant to the
Services outlined in this Agreement are deemed to be the intellectual property of DestiMetrics, may
be protected by a copyright held by DMX and DMX reserves all rights granted to it by any copyright.
The Town shall not reproduce, sell, or otherwise make copies of any intellectual property
copyrighted material, subject to the following exceptions: (1) for exclusive use internally by Town
staff and /or employees; or (2) pursuant to a request under the Colorado Open Records Act, § 24 -72-
203, C.R.S., to the extent that such statute applies; or (3) pursuant to law, regulation, or court order.
DMX waives any right to prevent its name from being used in connection with the Services. Town
shall not provide, release or disclose Confidential Information as defined herein.
Confidentiality and Distribution above unless ordered to do so by a court with jurisdiction. Upon
receiving any request under the Open Records Act or the Open Meetings Law for access or
disclosure of public records or confidential information, Town shall furnish to DMX prompt written
notice of such request no later than two business days after the date of receiving the request along
with a copy of the records or information request. Prior to allowing access to or disclosure of any
Confidential Information pursuant to a request under the Open Records Act or the Open Meetings
Law, Town shall: (a) consult with DMX regarding whether an exemption from access or disclosure is
available under the Open Records Act or the Open Meetings Law, as applicable but any such
consultation shall not be construed to create an attorney - client or other relationship among Town or
any of its attorneys, employees or agents and any DMX attorneys, employees or agents and (b) give
DMX a reasonable opportunity, but not less than two (2) business days after receipt by the DMX of
the above - referenced notice from Town of a request, to assert any claimed exception or exemption
from access or disclosure under the Open Records Act or the Open Meetings Law, as applicable, and
cooperate with the Providing Parties in their assertion of any such claimed exception Rr exemption.
Job #734 Page 5 of 11 DD Client (Initial)
678 S Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
lDestiMetrics'LLC
Resort Intelligence.
g. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or provision
of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either
Party. The Town's approval or acceptance of, or payment for, services shall not be construed to
operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or
term of this Agreement shall be deemed to be waived by the Town except in writing signed by the
Town Council or by a person expressly authorized to sign such waiver by resolution of the Town
Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver
of any other right or to be a continuing waiver unless specifically stated.
h. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the
successors, heirs, legal representatives, and assigns.
i. Limitation of Damages: The Parties agree that DMX's remedies for any claims asserted against the
Town shall be limited to proven direct damages in an amount to exceed amounts due under the
Agreement and that Town shall not be liable for indirect, incidental, special or consequential
damages, including but not limited to lost profits
j. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party,
including any agent, sub - consultant or sub - contractor of DMX. Absolutely no third party
beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this
Agreement is an incidental and unintended beneficiary only.
k. Survival of Terms and Conditions: The Parties understand and agree that all terms and conditions of
the Agreement that require continued performance, compliance, or effect beyond the termination
date of the Agreement shall survive such termination date and shall be enforceable in the event of a
failure to perform or comply.
Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set
forth in this Agreement shall not be assigned by DMX without the express written consent of the
Town Council for the Town of Avon. Any written assignment shall expressly refer to this Agreement,
specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not
be effective unless approved by resolution or motion of the Town Council forthe Town of Avon. No
assignment shall release the Applicant from performance of any duty, obligation, or responsibility
unless such release is clearly expressed in such written document of assignment.
m. Severability: Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall not affect
the validity of any other provision of this Agreement.
9. General Provisions: This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective personal representatives, successors and assigns. This Agreement, and Attachments
hereto, embodies the entire understanding and agreement between the parties concerning the subject
matter hereof and supersedes any and all prior negotiations, understandings or agreements concerning
the subject matter hereof. This Agreement shall be deemed for all purposes to have been prepared
through the joint efforts of the parties hereto and shall not be construed for or against one party or
any other party as a result of the preparation, submittal, drafting, execution or other event of
negotiation hereof. This Agreement may be executed in counterparts, but such counterparts shall
constitute one and the same instrument. This Agreement may be executed by telefax signature which
shall be binding as original signatures for all purposes (evidentiary otherwise).
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Job #734 Page 6 of 11 DO Client (Initial)
678 S Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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EXECUTED as of the 14 day of January
CLIENT:
Town of Avon
By: I " f1j.14 z I a; A7Ilesvta
Vira Egger USZ43nita DWnpsey (Jan 15, 2016)
Name: Virginia Egger by Danita Dempsey
Title: Town Manager by Director of Festivals 8 Special Events
Attachment: Billing Information
Attachment A: Products and Services
Resort Intelligence.
,2016
DMX:
DestiMetrics, LLC,
atG �it.Q.eis ti
By. Ralf G rrison (Jan 14, 2016)
Name: Ralf Garrison
Title: Director
Job #734 Page 7 of 11 Client (Initial)
678 S Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
&"'DestiMetrics'LL.
w r-t Intellige
ATTACHMENT: BILLING INFORMATION
Send Invoice by: Email /PDF Postal Mail
Client Company Name: Town of Avon
Authorized Representative Name: Danita Dempsey
Phone: 970748 -4032 Email Address: ddempsey @avon.org
Mailing Address:
City:
Country:
Zip /Postal Code:
P.O. Box 975
(PO Box or Street Address)
Avon
USA
81620
State /Province: CO
Invoices are to be sent to the attention of: Danita Dempsey
Accounting Contact Email Address: Jpopeck @avon.ogr
Phone 748 -4003
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Job 6734 Page 8 of 11 DD Client (Initial)
678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, Co 80209 F. 303.745.7380 www.DestiMetrics.com
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Resort Intelligence.
ATTACHMENT A - DMX PRODUCTS AND SERVICES
This Attachment A is an integral part of Client Agreement dated 1/1/16 by and between DestiMetrics, LLC (DMX) and
the Town of Avon (Client) and further describes products and services that are being provided pursuant to the Client
Agreement. The prices, terms and conditions described below are based on the total number of Subscribers (including
Client /Client - Property Subscribers) and data submitting Client - Properties listed below. Client- Properties may be
provided additional logins for their authorized data submitters by separate agreement.
The following two items are included in all agreements in use of DMX proprietary systems, procdures, metrics and key
performance indicators along with use of the DMX 2.0 technology platform to become available in early 2016, and
include:
Reservation Activity Outlook (RAO) recipients are provided with additional "Industy- wide" reports on a
monthly basis in standard format.
RAO Client - Properties will have optional access to their own individual custom Property vs. Destination
Reports on a monthly basis in standard RAO format, based on terms and conditions to be agreed upon
between Destination and Client, but at no additional cost to Client.
1. MARKET TRAVEL INTELLIGENCE PACK: Designed to provide a broad, contextual overview of the destination
leisure travel ecosystem, and mountain travel marketplace, The "Intel -Pak" includes a family of information
related services, bundled into a comprehensive package that provides "what you ought to know..." to do business
better. All Intel -Pak products are available through the DestiMetrics Secure Web Portal, and the Mountain Travel
News and Monthly Briefing are delivered by email for added convenience. Quarterly webinars and the annual
ASSEMBLY complete the elements of the Intel Pak.
■ 1.1 Econometrics: A collection of national and local economic and travel indicators as well as comparative
sales /lodging tax and airport enplanement data, collected and updated monthly from publicly available
sources and presented from DMX's secure web portal.
• 1.2 Mountain Travel Briefing: A monthly narrative summary of DMX Travel News Talker, Econometrics and
DMX "industry- wide" econometric data, with expert interpretation and supporting economic indicator
dashboard graphics.
■ 1.3 Travel News Talker: A synopsis of current economic and mountain travel news, aggregated from various
3`d party sources and selected for the destination travel industry marketing and management professionals,
and updated regularly and posted on DMX's secure web portal.
■ 1.4 Mountain Travel News: A monthly newsletter, featuring the top stories from the daily News Talker, and
distributed monthly by email.
• 1.5 Quarterly Market Update Webinars: A 60 minute web /phone based presentation by DestiMetrics
analysts, provided several times per year, and including strategic assessment and interpretation of market
conditions and trends as well as industry lodging metrics for the past season and upcoming season. Webinars
are exclusively for Subscribers only.
■ 1.6 The ASSEMBLY: A one day annual confab, held mid - winter and as a precursor to the next year's planning
cycle, The ASSEMBLY is a collaboration of 40 mountain travel businesses with common interests in a shared
fact base and broader year -round economic foundation. DMX subscribers are provided with significant
courtesy discount off standard rates, when pre- registered for this end -of- January event held in conjunction
with the SIA Snow Show in Denver.
■ 1.7 Library: A collection of articles, reports and other market intelligence along with copies of various DMX
presentations are found in the DMX Subscriber Library.
Annual Price: $1,950
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678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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Distribution Rights: The Mountain Market Intelligence Pak is only available to individual Subscribers up to
the number of subscribers listed in the Agreement.
Publication: Theses reports /products will be posted on DestiMetrics web portal and will be accessible by all
Subscribers.
2. RESERVATION ACTIVITY OUTLOOK REPORT SET: Client- Property data is collected at a monthly level of
granularity and aggregated to create a destination -wide monthly report set of paid lodging reservation
activity and related revenue,
2.1 Reservation Activity Outlook (RAO) Report. The number of available units, room nights and related
revenue are collected, from which Occupancy average daily rate (ADR), and revenue per available room night
(RevPAR) are calculated. Results are then aggregated in a report format that provides graphic summaries,
charts and supporting tables of business on the books for the forward looking 6 months and total business
for the trailing 6 months. Current year data is overlaid against previous year -to -date and previous seasons -
end data, when sufficient data exists. Three views of the resulting data are provided in chart form with
supporting tables, including 6 month forward - looking view, fixed winter view (Nov. — Apr.), and fixed summer
view (May — Oct.). Additionally, pacing of current year vs. previous year reservation activity is provided in
chart and detailed table view. From this information, destinations can track their performance against their
previous history and properties can see how the aggregate of others properties in their destination are
performing. Distribution rights include all Subscribers. Annual Price: $7,500 per year.
Note: Additional Client - Property data submission licensing is available in increments for an additional fee.
Publication: This report will be posted on DestiMetrics web portal and will be accessible by all Subscribers.
2.2 Multi- Destination Comparative Report (MDC): A destination -wide view of paid occupancies is created
from data provided as part of the RAO (2.1) report, the result of which is displayed against all other individual
participating DMX destinations (which are kept anonymous) in bar chart format, in both current year
occupancy and year- over -year comparative change. A third report shows Average Daily Rate in similar
format and also includes the trailing months and forward — looking 6 months. Distribution rights include all
Subscribers. This report will be posted on DestiMetrics web portal and will be accessible by all Subscribers.
Annual Price: 2 500 subject to participation in the RAO (2.1) above, and under the same terms and
conditions.
3. DAILY OCCUPANCY REPORT SET: This report set is best suited to monitor overall resort occupancy of all guests
(paid and unpaid), based on an aggregation of the advanced reservation data (at a daily level of granularity),
from all reporting Client- Properties on (at least) a monthly basis, and more frequently upon agreement. Reports
are available through the DMX secure web portal and include several configuration options described below.
• 3.1 Daily Occupancy Report (DOR): The standard DOR reports shows the result at a daily level of granularity,
in line chart format and includes previous year -to -date and previous year actual data when sufficient data
exists, then depicts percentage change of current year to previous year occupancy, and net pacing change
since the previous report, and is presented in line chart format and includes 4 views of the resulting data,
including i) a 12 month view including 6 months forward looking and trailing 6 months. ii) fixed winter
season: November —April, iii) a fixed - season view of the summer season, May —October, iv) a short-view of
the upcoming 45 days of occupancy in bar chart format. Annual Price: $8,500 per year.
Distribution Rights: The Daily Occupancy Report, in its entirety, is only available to Subscribers.
Publication: This report will be posted on DestiMetrics web portal and will be accessible by all Subscribers.
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Job #734 Page 30 of 11 0D Client (Initial)
678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
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Resor -t, Intelligence.
3.2 Report for Retailers (45 day short -view) Distribution: This report depicts occupancy for the forward
looking 45 days in bar chart format and displays occupancy for the current year and the previous year. While
access to this report is included in the DOR (page 5) this option allows for further distribution than the DOR
allows. The Report for Retailers will be provided in a separate PDF and allows for unlimited distribution to
retail community and /or Client constituents. Annual Price: included.
Publication: This report will emailed each month to the designated Client(s) listed here: Danita Dempsey.
4. Other - DestiMetrics will provide the following at no additional charge to the client:
• Property orientation for Town of Avon data submitting properties to be conducted by not later than
March 1, 2016.
• Town of Avon will facilitate and schedule a in person market update presentation to the Avon Town
Council in the spring of 2016. Exact date is to be determined. Value: $1,250
• A special joint invitation /solicitation to the Wyndham Resort at Avon, who does not now participate, by
not later than January 20, 2016. Town of Avon to provide contact information to appropriate person at
property.
• At least one member of Town of Avon staff will attend the DestiMetrics User Group Meeting on January
28tH 2016 in Denver in order to learn how other municipalities and destination utlize and apply
DestiMetrics data, programs and reports.
TOTAL PACKAGE PRICE: 1 Year Agreement
Total - Ongoing Annual Fees: $20,450
Ii/1/ 4tlC na n 1�/
Vir a Egger nila D psey (Jan 15, 2 16)
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Job #734 Page 11 of 11 0o Client (Initial)
678 5 Franklin P. 303.722.7346 info @DestiMetrics.com
Denver, CO 80209 F. 303.745.7380 www.DestiMetrics.com
DesdMetrics
Town of Avon Destination
Agreement - DMX Job #734
Adobe Document Cloud Document 1/15/16
History
Created: 1/14/16
By: Deb Toler (contracts @destimetrics.com)
Status: SIGNED
Transaction ID: CBJCHBCAABAALj1HwSCImDkElwcRmngd _FUL2UmDZYre
"Town of Avon Destination Agreement - DMX Job #734" History
Document created by Deb Toler (contracts @destimetrics.com)
1/14/16 - 2:03:54 PST - IP address: 50.155.213.124
Lt Document emailed to Ralf Garrison (rgarrison @destimetrics.com) for signature
1/14/16 - 2:12:27 PST
Document viewed by Ralf Garrison (rgarrison @destimetrics.com)
1/14/16 - 2:36:36 PST - IP address: 73.229.236.157
Document e- signed by Ralf Garrison (rgarrison @destimetrics.com)
Signature Date: 1/14/16 - 2:37:41 PST - Time Source: server - IP address: 73.229.236.157
Lt Document emailed to Virginia Egger by Danita Dempsey (vegger @avon.org) for signature
1/14/16 - 2:37:42 PST
Document viewed by Virginia Egger by Danita Dempsey (vegger @avon.org)
1/14/16 - 5:40:14 PST - IP address: 65.112.203.226
Document e- signed by Virginia Egger by Danita Dempsey (vegger @avon.org)
Signature Date: 1/15/16 - 8:50:26 PST - Time Source: server - IP address: 65.112.203.226
05 Signed document emailed to Ralf Garrison (rgarrison @destimetrics.com), Virginia Egger by Danita Dempsey
(vegger @avon.org) and Deb Toler (contracts @destimetrics.com)
1/15/16 - 8:50:26 PST
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