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12-11-2012 MTRIPS Final AGIN TRiP Contract for Services This describes an Agreement between the Mountain Travel Research Program, LLC (MTRiP) and Town of Avon (Client or Town). The Client's execution date of this Agreement becomes the effective date and provides for the start of service on January 1, 2013 resulting in the first monthly for data as of January 31, 2013 and will continue on for 12 months (12 report cycles), ending with a report based on data as of the end of December, 2013 and delivered in the month thereafter, unless otherwise modified or terminated in accordance with the provisions of this Agreement. MTRiP Services and Responsibilities: MTRiP will: 1. Produce and deliver those products, services, reports and related work product (together Services) as are further described in "Attachment A — Included Products and Services ". 2. Provide systems and procedures to be used in the collection, aggregation and subsequent reporting of the related Services and assist Client in their recruitment, training, startup and ongoing support of participating Client - Properties (data submitting properties) and their designated representatives. A separate Agreement is provided to Client- Properties. 3. Distribute results to Clients, Client Representatives and Client - Property designated representatives (collectively Subscribers) by way of a secure web portal to which authorized representatives of individual Subscribers will be provided secure access via individual subscriber logons, the quantity and type of which are described in Attachment A. Client Responsibilities: Client will: 1. Pay MTRiP a total of $13,825 as established in Attachment A, payable as follows: o Initial payment 25% ($3,456.25) is due upon execution of this Agreement or start of service, whichever is sooner. o The balance will be paid in equal quarterly payments of $ 3,456.25 by the first day of each calendar year quarter (4/1/13, 7/1/13 and 10/1/13) through the conclusion of the Agreement. Fees are exclusive of any /all applicable taxes, business licenses, or other fees, that are or may be required. o Any /all additional work requested by Client and not already included in this Agreement, will be performed, subject to pre- existing commitments, and at standard rates, terms and conditions. Note: written confirmation by way or two -way email, strongly advised at a minimum, to avoid misunderstanding. 2. Assign a Designated Representative in the person of the Town Manager or other designee (Client Representative) to serve as primary contact for contract administration and Client's performance of the responsibilities described herein. 3. Maintain responsibility for the assignment of Individual Subscriptions to all Subscribers, all consistent with and not to exceed the total number of Individual Subscriptions authorized. 4. Recruit Client - Properties and assist in their training and startup, then oversee ongoing Client - Property data submission (in accordance with MTRiP procedures). Job #440 Client (initial) Page 1 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org rl " rn Qr»no c 'M-1 -7nc -7�Qn ......— _+,;n ,,. 5. Actively promote Client - Property participation and adherence to MTRiP's data submission protocols toward the common objective of data set integrity and participation by other comparative destinations, all mindful that MTRiP is a co- operative industry program, whose value increases with broader participation. Confidentiality and Distribution: 1. 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 MTRiP 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 MTRiP Subscribers and not otherwise made public. 2. All MTRiP Subscribers acknowledge and agree that all information, reports and related data posted within the MTRiP web portal and provided by MTRiP is CONFIDENTIAL INFORMATION, to which access is restricted to Subscribers in good standing by way of confidential and proprietary log in and who understand 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. Terms and Conditions: 1. Billing 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 B. Expenses will be those reasonable out -of- pocket costs incurred by MTRiP and /or its agents, during the performance of this Agreement and are billed monthly as incurred. i) Travel costs include meal reimbursement, lodging, air, rent car, and personal car use from MTRiP'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 MTRiP's standard costs of business and will not be treated as expenses, excepting by prior written agreement. iii) Travel Time will be charged at MTRiP's standard rates and treated as travel related expenses, unless otherwise agreed upon. 2. Modification: This Agreement may not be modified or extended excepting by mutual agreement 3. Termination: This Agreement may be terminated by either Client or MTRiP upon thirty (30) days written notice to the other party. 4. Independent Contractor: MTRiP and the Client shall be considered independent contractors. Neither MTRiP 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 MTRiP and the Client. MTRiP 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. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement Job #440 Client (initial) Page 2 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info @mtrip.orR no.,, rn Qnnno C QnQ W r 7QQn ., _ +rcn '` T R'11 P. shall be in the appropriate court for the City and County of Denver, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 6. 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. 7. 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. 8. 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. 9. Affirmative Action: MTRiP will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. MTRiP 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. 10. 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 Job #440 Client (initial) Page 3 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org T RiP 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. 11. Employment of or Contracts with Illegal Aliens: MTRiP shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. MTRiP 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, MTRiP 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. MTRiP 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 MTRiP obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, MTRiP shall be required to notify the subcontractor and the Town within three (3) days that MTRiP has actual knowledge that a subcontractor is employing or contracting with an illegal alien. MTRiP 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 MTRiP's actual knowledge. MTRiP 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. MTRiP 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 MTRiP violates this provision, the Town may terminate this Agreement, and MTRiP may be liable for actual and /or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. 12. Ownership of Documents: The reports /services produced by MTRiP (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 MTRiP to the Town not specifically created and delivered pursuant to the Services outlined in this Agreement may be protected by a copyright held by MTRiP and MTRiP reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or otherwise make copies of any 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. MTRiP 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 under 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 MTRiP 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 Job #440 Client (initial) Page 4 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.orR n_r„ rn Qmna c Qnz -nc: -7QQn ......— _ +.;., ,,,-,. N TM01P with MTRiP 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 MTRiP attorneys, employees or agents and (b) give MTRiP a reasonable opportunity, but not less than two (2) business days after receipt by the MTRiP 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 or exemption. 13. 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. 14. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns. 15. Limitation of Damages: The Parties agree that MTRiP'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 16. 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 MTRiP. 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. 17. 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. 18. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by MTRiP 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 for the 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. 19. 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. Job #440 Client (initial) Page 5 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org no..., rn Qr»no C QnQ Inc 7QQn ......... _ +r;„ — T R EXECUTED as of Zece.M g 1l� 12012. CLIENT: TOWN OF AVON By: By: Mayor Attest: �2�o c To n Jerk -d Approved as to Form: Town Attorney MTRiP: MOUNTAIN TRAVEL RESEARCH PROGRAM, LLC, Ralf Garrison, Director �WN OFq� Attachment: Billing Information Attachment A: Products and Services - Included Attachment Billing Information Job #440 Client (initial) Page 6 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org no.,.,o,- rn Qr»no C 2n2 WC: 72Qn — i.,;., .,.,. ATTACHMENT: BILLING INFORMATION Invoices are to be sent to the attention of: Billing Information: Send Invoice by: Email /PDF Postal Mail Contact Email Address: Phone Client Name: Email Address: Mailing Address: (PO Box or Street Address) City: State /Province: Country: Zip /Postal Code: Job #440 Client (initial) Page 7 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org n—,o, rn an ,)no E: :2n.� Inc -7�an ....,,., _ +r;., W TR"ILLC i IC31 ATTACHMENT A - MTRIP PRODUCTS AND SERVICES This serves as an Attachment to the related Contract for Services and further describes products and Services (indicated with a Y in the box to its left) that are being provided with this Agreement. The prices, terms and conditions described below are based on a total number of up to 11 Subscribers, including up to 2 for Client /Client Representatives (for Town staff), and up to 9 for data submitting Client - Properties (Client Properties to be provided additional logins for their authorized data submitters by separate agreement in their respective Property Profiles). 1. MARKET INTELLIGENCE PRODUCTS: Designed to deliver "what you ought to know" about the mountain travel marketplace, components include, broad economic data, Travel /Tourism news, a Library of destination travel data, and expert interpretation by way of monthly Market Briefing and occasional webinars, available individually or bundled in a package, as further described below. MTRIP offers a broad travel /tourism market program based on "what you ought to know ", that starts with a foundation market data set, collected by MTRIP analysts and posted regularly on the MTRIP web portal. • 1.1 Econometrics: A family of national and local economic and travel indicators as well as comparative sales /lodging tax and airport enplanement data, collected and updated monthly from publically available sources and presented via a summary dashboard from MTRiP's secure web portal. Updated monthly as data becomes available. Price: $ • 1.2 Mountain Travel Briefing A monthly narrative summary of MTRIP Travel News Talker, Econometrics and MTRiP "industry- wide" metrics, provided in narrative summary format, with expert interpretation and supporting economic indicator dashboard graphic. Price: $ . O • 1.3 Mountain Market Intelligence Pack: Create a full package of market intelligence with the Pack, which adds the following: o Travel News Talker: A synopsis of current economic and mountain travel news, edited for the destination mountain travel industry marketing and management from publicly available sources, updated regularly and posted on MTRiP's secure web portal. • Library: MTRIP collects articles, reports and other market intelligence along with copies of various MTRIP presentations, in the MTRIP Subscriber Library. • Market Update Deep Dive Webinars: Provide quarterly strategic assessment and interpretation of market conditions and trends. For Subscribers Only. • Note: Components of the Pack are provided at no additional cost, but are expected to evolve to meet market and subscriber needs and are subject to change or discontinuation without further notice. Price: $1,950 Note: Distribution Rights: The Mountain Market Intelligence Pack is only available to individual Subscribers up to the number of subscribers listed above. 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, the results of which are posted on MTRiP's secure Job #440 Client (initial) Page 8 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info @mtrip.org nom.,,, rn Qrr»no c 2n2 -7nc -72Qn ,.,,.,,., _+,;, ,.,-,. NTFZ'I'-P M�� web portal on a monthly basis. Several report configurations are available. • 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: $6,750 per year. Note: Additional Client - Property data submission licensing is available in increments for an additional fee. • 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 MTRiP 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. Annual Price: $2,350 subject to participation in the RAO (2.1) above, and under the same terms and conditions. F• 2.3 Custom Multi- Destination Comparison — Comp Set: A similar iteration to the MDC described below up allows the Client to select 4 other destinations (which are kept anonymous) to compare their own destination level data to instead of the full MTRiP "universe" of destinations. Price: $ for 12 monthly reports. Note: Participation in standard MDC (2.2) is required. Distribution Rights: The Multi- Destination Comparative Report is only available to individual Subscribers. 2.4 Multi- Destination Comparison - Enhanced: A similar iteration in the same format of the above described MDC, but including identification of individual participating destinations. This report is customizable and allows for the Client to select among up to 5 other participating destinations (list available upon request) or related comparative destination types, the results of which provides a much broader and deeper comparison. Annual Price: Based on a fixed fee of $500 for each destination that is disclosed (maximum of 5). Note1: Participation in standard MDC (2.2) is required. Note2: Participating Client destination data use is included as part of the terms of this Agreement. FY . 2.5 Reservation Activity Outlook: Destination Executive Summary: One page synopsis of the monthly RAO reporting detail provided in executive summary format with graphic illustration and narrative explanation. This report is intended for broader distribution to community stakeholders, tourism dependant businesses and (optionally at the discretion of the Client) the general public and includes related distribution rights. Annual Price: $2,775 Job #440 Client (initial) Page 9 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info @mtrip.org no... rn Qr»no r 'anQ Inc -7aQn .,,., _+,;h .,.,. TR iP Distribution Rights: The Destination Executive Summary includes unlimited distribution rights (i.e. general public and press) at the discretion of the Client. 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. • 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: $10,500 per year. DOR Startup — One Time: For first time Clients a one -time startup fee will be charged to cover time /costs related to the determination and creation of appropriate data collection methodology, and varies by the number of Client - Properties and their automation. Due to the volume of data, MTRiP works with participating properties to determine the best method for data collection, during the startup phase, then incorporates the same in the ongoing reporting process. Startup Price: $2,000 (One time only). Distribution Rights: The Daily Occupancy Report, in its entirety, is only available to Subscribers. 7N • 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 Retails will be provided in a separate PDF and allow for limited distribution to retail community and /or Client constituents. Annual Price: Included in DOR pricing FN • 3.3 DOR Comparative Overlay. Daily Occupancy Reports from all MTRIP participating MTRiP destinations are aggregated together to create an "industry- wide" report, in similar format/views as the Daily Occupancy Report (3.1). Then several additional reports are included that overlay an individual destination data against the MTRiP participant aggregate, and including an additional report showing year- over -year percentage change between the subject resort and the MTRiP participant set. Annual Price: $3,250 per year. Note: Participation in the DOR report (3.1) is required. Distribution Rights: The DOR Comparative Overlay is only available to individual Subscribers. 4. SPECIAL REPORTS F • 4.1 School Break Calendar: Includes the dates of major school break periods of 270 public school districts and 280 four -year colleges and universities across the country. Data is provided in a tabular view with a listing of each college, university and school district with location school (state) and student population. A graphic representation is also included that depicts public Job #440 Client (initial) Page 10 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org no...,o rn Qn,)no C QnQ Inc 7QQn ,.,,.,.., _+,;, ,.,-,. IN TRiP school districts and college /universities separately. Report will be provided in PDF format and is available by June 1St for the upcoming school year. Price: for 2013/2014 school year. Distribution Rights: The School Break Calendar distribution is limited to staff within the Client organization. • 4.2 School Break Calendar — Top 20 Markets: Subset of the above with up to 20 Destination Marketing Areas selected by Client. The report is presented in same manner as described above. Report will be provided in PDF format and is available by June 1 st for the upcoming school year. Price: $ for 2013/2014 school year. Distribution Rights: Distribution is limited to staff within the Client organization. Job #440 Client (initial) Page 11 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info @mtrip.org no. —,- rn Qn ,)na C QnQ -7nr -7QQn ......... rrtn T RiP 5. OPTIONAL A LA CARTE PRODUCTS AND SERVICES: The value of market and research data is increased as data moves to information, then knowledge, then strategies that produce results. MTRIP analysts can help with interpreting and applying the data. FN] • 5.1 Personal Presentations: MTRIP analysts offer presentations of MTRIP data, along with related industry overview and expert interpretation. Optional in- person or virtual presentations available. In- person presentations are inclusive of travel expenses and travel time. Price: In- Person Presentation: $ /presentation (plus related travel expenses)/Virtual Presentation: $ /presentation. Number of presentations: In- person, _ Virtual. Total Price: FN]e 5.2 Comparative Analysis and Assessment: With data provided by Client at a property level, MTRIP will conduct two seasonal comparisons of reservation activity data, comparing Client occupancy data against MTRIP RAO data. Targets will be but will be made available at Client's request. Results will be a tabular comparison of MTRIP data against Client - provided data and indications of percent change of current vs. previous year -to -date data. Note: Because most /all reporting metrics differ as do the report objectives, no specific correlation is inferred'; an understanding of the differences and their relationships is the expected outcome by MTRIP. Price: $ per year FN]0 5.3 Other Expert Interpretation and Application: MTRIP is committed to assisting clients as they see fit and is conditionally available on a time and materials basis, subject to pre- existing commitments. Prices are based on standard hourly rates or bid upon request. TOTAL PACKAGE PRICE (1 Year Agreement): $13,825 1year. *Additional savings available for multi -year agreements All MTRIP Subscribers (including specifically Clients, Client - Properties) acknowledge and agree that all information, reports and related data posted within the MTRIP web portal and provided by MTRIP is CONFIDENTIAL INFORMATION, to which access is restricted to Subscribers in good standing by way of confidential and proprietary log in and who understand 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. Job #440 Client (initial) Page 12 of 12 MTRIP (initial) 678 S Franklin P. 303.722.7346 info@mtrip.org no.,, rn Qn ,)no r QnQ -7nr -7,�Qn ,.,,.,.., .„ +.cn — ,LVA = = WEE= MOUNTAIN TRAVEL RESEARCH PROGRAM EXECUTED as of Q)es:e (` YP-k tk 2012. CLIENT: MTRiP: TOWN OF AVON MOUNTAIN TRAVEL RESEARCH PROGRAM, LLC, r By: ey: Mayor Ralf Garrison, Director ,��wN OFgyo2 Attest: 3 c To Jerk s Approved as to Form: e;,; -. . v Town Att ne Attachment: Billing Information Attachment A: Products and Services - Included Attachment Billing Information Job x440 Client (initial) Page 6 of 12 _ MTRIP (initial) 678 S Franklin P. 303.722.7346 info(hlmtrio.ora n-- rn Qn mo c 7n7 7AS 770n