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02-21-2008 UNTRADITIONAL MARKETING WHITE WATER PARK MARKETING CAMPAIGNMEMORANDUM To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Danita Chirichillo - Special Events Supervisor Meryl Jacobs - Director of Recreation and Cultural Services Date: February 21, 2008 Re: White Water Park Marketing Campaign Summary: The Recreation staff has developed a marketing/promotional campaign to grow the awareness of our newest amenity. This campaign includes the following: 1. Half-page full color ad in Canoe & Kayak Magazine "Whitewater" edition on sale March 20, 2008. National distribution of 78,000. 2. Internet advertising on eddyflower.com with placement of a banner ad at the top of the River Guide search results page and My Favorites page February 1 - September 1, 2008. This banner ad links through to the White Water Park • information on the Recreation Center web site. 3. Internet advertising on eddyflower.com with placement of a banner ad at the top of the Boat Guide search results page and Classifieds page September 1 - January 1, 2009. This banner ad links through to the White Water Park information on the Recreation Center web site. 4. Town of Avon logo on eddyflower.com with adjacent white water park and contact information. 5. Working with Alpine Quest Sports to bring professional kayakers into the Avon Park to offer free clinics for five/six weeks. 6. Working with First Descents to develop fundraising mechanism utilizing the White Water Park. 7. Light-pole banners along Avon Road at Bob the Bridge. 8. Advertising pages purchased in Colorado Mountain Express and Vail Valley 365 the Official Visitors Guide. All of the above items are included in the 2008 Special Events budget. Discussion: "Avon's Big Air Shootout" is an additional opportunity, which the Recreation staff would like to recommend to council. Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while • allowing them to compete for cash. Kayakers will go to the park during the competition and take video of the tricks they are • performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible to anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. "Avon's Big Air Shootout" is proposed to take place May 15 through July 15, 2008. This extended time line allows participants to enjoy each feature at its best! The Recreation staff believes this type of exposure will generate valley wide interest without the operational impacts of a typical event i.e., set-up, tear-down, staffing, etc. Financial Implications: The elements of the promotional campaign listed in the Summary are accounted for in the 2008 Special Events budget. The Avon Big Air Shootout would require a budget revision in the amount of $6,000. Town.Manager Comments: i 7" Attachments: • A. White Water Park ad placed in Canoe & Kayak Magazine B. Untraditional Marketing contract for "Avon's Big Air Shootout" 0 0 U1 mvaditional marl<eting This Account Services Agreement (this "Agreement") is made and entered into as of February 15th, 2008 (the "Effective Date") by and between the Town of Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and Untraditional Marketing, Inc. ("UM"), having an address at PO Box 1430, Vail, CO 81658. TOA and UM may be referred to individually as a "Party" or collectively as the "Parties." RECITALS: A. TOA wishes to retain the services of UM subject to the terms and conditions. set forth within this Agreement, in connection with the following business aspects surrounding the planning, promotion, launch and management of the "Avon Big Air Shootout" ("ABAS"). The program will include all aspects mentioned below and in Exhibit A (attached). AGREEMENT: A. Term. TOA hereby engages UM to provide the services described in Exhibit A commencing on the effective date above, and ending on July 15th, 2008. B. Services. During the Term of this Agreement, UM will provide the services and deliverables described below and in Exhibit A. • Contract Deliverables • All efforts to announce, set criteria and judging, publicize, concept, manage, and successfully implement the program listed on Exhibit.A to encourage increased kayaker participation in the Avon Whitewater Park. Account Supervision • Day to day management and operation planning and marketing of ABAS. • Interact with TOA staff, as needed providing detailed TOA follow-up reports of all meetings and tasks related to this project. • Meetings or conversations with TOA representative(s) to include planning sessions, project updates and budget discussions. ABAS Plan Development and Budget Supervision • Research, develop and implement the strategic ABAS marketing plan. • Maintain project projected cost estimates built by TOA and UM. ABAS Event Planning and Representation • Management and representation as an agent of TOA for the duration of the program. • Soliciting/managing any experts needed to facilitate a successful program. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com • + 'f _~_iM~S 1 S 1Op k` t Ii J ~ • untraditiLM onal marketing C. Client Responsibilities. During the Term of this Agreement, TOA will be responsible for the project elements described below. Public Relations ("PR") • TOA will facilitate the PR for the ABAS and work strategically with UM to align with the marketing plan. Liaison • TOA will involve UM as part of the larger TOA team and keep them aware of all efforts being used for the ABAS and promoting the Avon whitewater park. Insurance • TOA will provide a General Liability policy to cover the ABAS program as determined necessary by the TOA Town attorney. • The General Liability policy will name UM as an additional insured on the policy. • UM will provide proof of a General Liability policy in an amount determined necessary by the TOA Town attorney. • D. Compensation. TOA will pay UM management fees for this project totaling $6,000. This fee will be paid to UM on or before May 1St, 2008. ❖ UM will pay for all materials, advertising and awards needed for the ABAS. UM will keep a record of all expenses and present them to the TOA following the conclusion of the program. All expenses will be reimbursed to UM upon approval from TOA. ❖ TOA is responsible for all fees and expenses associated with all aspects of the ABAS. If for any reason ABAS discontinues, TOA will be responsible for all costs committed at the time of written notification. Additionally, UM entire fee is non-refundable. ❖ UM agrees to work within the available ABAS budget as detailed in Exhibit A for all aspects of this project. E. Event Cancellation. In the event of a drought year or any other circumstance requiring an anticipated cancellation of the event outside the ability of the TOA or UM to control, Staff members from TOA and UM will meet no later then May 1St to determine whether or not to cancel the event. If the event is canceled on or before this date, UM management fee will be $3,000. Any management fee paid to UM prior to this cancellation equaling more then $3,000 will be returned to TOA no later then May 30th, 2008. • PO Box 1430, Vail, CO 81-658 970.477.0111 www.unt.raditional.com .q ~ r:. ~ w ',y, R~ ~ • " i K~ W s : _ .may Luitraditional marketing • F. Indemnification and Insurance. 1. Indemnification of UM. TOA to the extent permitted by law will indemnify and hold harmless UM, its shareholders, directors, officers and employees (collectively, "UM Parties"), from and against any loss, cost, damage, liability or expense incurred by any UM Parties ("UM Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the TOA Parties; provided that indemnification shall not be provided under this Section F. to the extent that UM Losses are attributable to the negligence or willful misconduct of any UM Parties. 2. Indemnification of TOA. UM will indemnify and hold harmless TOA, its directors, members, managers, officers, and employees ("TOA Parties") from and against any loss, cost, damage, liability or expense incurred by any TOA Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the UM Parties; provided that indemnification shall not be provided under this Section F to the extent that UM Losses are attributable to the negligence or willful misconduct of TOA Parties. G. Termination. Either Party may terminate the Term of Engagement at any time prior to its scheduled expiration immediately upon written notice to the other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this • Agreement, "Material Breach" means, with respect to either party, any willful misconduct or any willful breach of or failure to or refusal to perform such parties obligations hereunder that continues uncured for a period of ten (10) days following written notice thereof to the breaching party and the term "Insolvency" means, with respect to either party, (1) making a general assignment for the benefit of its creditors, (2) applying for or consenting to the appointment of a receiver, trustee, assignee, custodian, sequestrator, liquidator or similar official for itself or any of its assets and properties, (3) commencing a voluntary case for relief as a debtor under the United States Bankruptcy Code or any foreign laws for protection or relief of debtors, (4) filing with or otherwise submitting to any governmental authority any petition, answer or other document seeking (A) reorganization, (B) an arrangement with creditors or (C) to take advantage of any other present or future applicable law respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent by a court of competent jurisdiction. H. Nature of Relationship. The parties acknowledge and agree that UM will be performing services under this Agreement as an independent contractor to TOA and nothing in this Agreement or in the relationship of TOA and UM shall be deemed to constitute a partnership, joint venture or any other relationship other than that of contract Parties hereunder. POD Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com • MR- 1y 71 w ' - to i!'n _ ~L~~, • (rntradLM itional marketing • I. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, and any disputes shall be subject to binding arbitration in Eagle County, Colorado. The losing Party shall pay all attorneys fees and costs of the winning Party. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes any prior understandings, agreements or representations by or among them with respect to its subject matter. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns. The descriptive headings of this Agreement are included for convenience and ease of reference do not constitute a part of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall for all purposes constitute one (1) agreement which is binding on all parties hereto. Neither Party may assign this Agreement without the express written consent of the other Party. We, as authorized representatives of UM and TOA, agree to uphold the terms and conditions of this agreement to the best of our abilities. Untraditional Marketing, Inc Signature: Name Printed: Date: Town of Avon Signature: Name Printed: Date: • PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com Y s=may -y tl ♦ a~ t ftnl' untraditional marketing Exhibit A. Avon's Big Air Shootout Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while allowing them to compete for cash. Kayakers will go the park during the competition and take video of the tricks they are performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible by anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. When: May 15th - July 15th Prize: $2,500 for men and women's the biggest trick performed Marketing: o Posters and flyers will be distributed in Eagle, Summit and Garfield County o Competition information will be posted on kayaking forum web pages. o The Vail Daily will be the presenting sponsor of the event and run a marketing campaign*. Untraditional Marketing responsibilities: o Produce rules and regulations for the competition. o Work with the Vail Daily* to ensure information on line is updated. o Design,. produce and distribute posters and flyers. o Post and maintain forum postings. o Assemble jury for judging and announce winners. o Contact local radio stations for marketing opportunities. BUDGET & FEES o Advertising: • Vail Daily ■ Radio ■ Printing ■ Design o Awards: • Cash o Project Management: • Untraditional Marketing Total fee: * Pending Vail Daily agreement $0* One time fee $500 DJ mentions $150 Posters & flyers $200 Design posters & flyers $5,000 $2,500 for men & women $6,000 $11,850 PO Box 14430, Vail, CO 81658 970.477.0111 www.untraditional.com ~ it 7 it -01 rn, • •