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Home My WebLink AboutC22-204 AirDNAEagle County - AirDNA Contract Reference: 20220124-143449147 Quote created: January 24, 2022 Quote expires: May 31, 2022 Quote created by: Jaime Kamps-Duac Enterprise Account Executive jaime.kamps@airdna.co +1 (720) 372-2318 Products & Services Item & Description Quantity Unit Price Total Property Level Data - Historical Data for Eagle County from Oct 2014 - Present - Monthly Updates for 12 Months 1 $4,800.00 / year $4,800.00 / year for 1 year Subtotals Annual subtotal $4,800.00 Total $4,800.00 Eagle County Government 500 Broadway Eagle Eagle, CO 81631 United States Jeff Shroll County Manager jeff.shroll@eaglecounty.us Jill Klosterman Chief Financial Officer j ill.klosterman@eaglecounty.us 970-328-3511 Anna Earl Finance Manager anna.earl@eaglecounty.us 970-325-3514 Doc ID: 3f20608a60d9374bc73bbc13172b67e052685088 Purchase Terms DATA AGREEMENT This Data Agreement (the “Agreement” or “Data Agreement”) states the terms and conditions that govern the contractual agreement between AirDNA, LLC having its principal place of business at 1523 15th St., Suite 200, Denver, CO, 80202, USA (the “Data Provider”), and Eagle County Government (the “Client”), having its principal place of business at 500 Broadway Eagle, CO 81631, who agrees to be bound by this Agreement. WHEREAS the Data Provider offers data services in the field of vacation rentals analytics; and WHEREAS the Client desires to retain the services of the Data Provider to render data services laid out below according to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Data Provider and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows: 1. TERM. The term of this Agreement is twelve (12) months. This Agreement may be renewed for additional term of twelve (12) m onths upon written amendment to this Agreement signed by the Parties. 2. DATA SERVICES. The Data Provider agrees that it shall provide its data to the Client for data analytics (the “Data Services”). The Data Services shall include delivery on a monthly basis of a report that provides data on all real property within Eagle County, Colorado, being advertised on the internet as a vacation rental, (“Property Level Extended Data - Eagle County, CO”). 3. COMPENSATION & PAYMENTS. The Client agrees to pay $4,800 per year for the Data Services being provided hereunder. Payment is accepted by all major credit cards, debit cards, bank transfers and USD checks (checks denominated in non-USD currencies will not be accepted). Payment is due within thirty (30) days of invoice or other written notification. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to the Data Provider was improper because the Data Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Data Provider shall f orthwith return such payment(s), or prorated amounts, to County. 4. DELIVERY. The Data Provider will provide access to the Data Services within 7 business days of the initial payment. Thereafter, the Data Services will be delivered to Eagle County on a monthly basis, without request or demand by Eagle County. 5. INTELLECTUAL PROPERTY RIGHTS IN WORK PRODUCT. The Parties acknowledge and agree that the Data Provider retains intellectual property rights over the raw data transferred. The Client also agrees, to the extent allowed by law, to AirDNA’s Terms of Service as detailed here: https://www.airdna.co/terms. Notwithstanding the foregoing, Client does not agree to the terms contained in Section 9 of the AirDNA Terms of Service (“Dispute and Arbitration; Class Action; Choice of Law”). Instead, any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, or the federal district court for Colorado, which shall be the sole and exclusive forums for such litigation. Data Provider is encouraged to clearly identify any proprietary or confidential data or information submitted to The Client under the terms of this Agreement. Regardless of whether or not so marked, The Client will endeavor to keep that information confidential. Notwithstanding the foregoing, Data Provider acknowledges that The Client may be required to release the information in accordance with the Colorado Open Records Act or order of the court. 6. USES. The Client agrees that the data provided is Restricted to use for statistical and research purposes by employees of Eagle County Government, The Client confirms that it will not republish any part of the Product, any of the Data Services, or disclose to any third party without the written consent of the Data Provider, or as required under the terms of the Colorado Open Records Act or order of a court of competent jurisdiction. All the parties with access to the data provided will be bound by the terms of use of this agreement. Notwithstanding the foregoing, The Client may utilize data provided under this Agreement to provide summaries of such information (such as number of units, areas of concern, etc.) for informational purposes in potential internal and external policy communications. 7. DISCLAIMER. The Client undertakes to understand the methodology behind the data gathering and as such, the Data Provider holds no liability as to the accuracy of the information. The Client understands that the information is gathered based on reasonable assumptions and the Client holds that the information is a directional estimation. 8. NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. 9. APPLICABLE LAW. This Data Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Colorado and subject to the exclusive jurisdiction of the federal and state courts located therein. 10. TABOR Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). IN WITNESS WHEREOF, each of the Parties has executed this Data Agreement, both Parties by its duly authorized officer, as of the day and year set forth below. Doc ID: 3f20608a60d9374bc73bbc13172b67e052685088 [ sig|req|signer1 ] Jeff Shroll jeff.shroll@eaglecounty.us Questions? Contact me Jaime Kamps-Duac Enterprise Account Executive j aime.kamps@airdna.co +1 (720) 372-2318 Airdna, LLC 1507 Blake Street Denver, CO 80202 United States Doc ID: 3f20608a60d9374bc73bbc13172b67e052685088 Audit Trail Title File Name Document ID Audit Trail Date Format Status Eagle County - AirDNA Contract redir 3f20608a60d9374bc73bbc13172b67e052685088 MM / DD / YYYY Signed This document was signed on app.hubspot.com 05 / 17 / 2022 14:35:24 UTC Sent for signature to Jeff Shroll (jeff.shroll@eaglecounty.us) from esign@hubspot.com IP: 54.174.56.18 05 / 17 / 2022 14:37:28 UTC Viewed by Jeff Shroll (jeff.shroll@eaglecounty.us) IP: 165.225.10.97 05 / 17 / 2022 14:37:55 UTC Signed by Jeff Shroll (jeff.shroll@eaglecounty.us) IP: 165.225.10.97 The document has been completed.05 / 17 / 2022 14:37:55 UTC