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HomeMy WebLinkAboutC09-062 TIGA Advertising Agreement_ECATEAGLE COUNTY AIR TERMINAL CORPORATION DISPLAY ADVERTISING CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this day of e *w4 - ZWt X48, - -by and between Eagle County Air Terminal Corporation, a nonprofit corp ration of the State of Colorado ( "CORPORATION "), and TIGA Advertising, Inc., a corporation ( "CONCESSIONAIRE "). WITNESSETH: WHEREAS, CORPORATION is owner and operator of the Eagle County Air Terminal Building and associated support facilities (TERMINAL BUILDING) located on Eagle County Regional Airport in Eagle County, Colorado, and has the right to grant concession rights to portions of the TERMINAL BUILDING and to grant advertising privileges thereon subject to the terms and conditions hereinafter set forth; and WHEREAS, CONCESSIONAIRE desires to lease certain premises within the TERMINAL BUILDING, for installation of advertising displays, and acquire certain rights and privileges from CORPORATION in connection with its use of the TERMINAL BUILDING and CORPORATION is willing to lease and grant same to CONCESSIONAIRE under terms and conditions hereinafter stated; and WHEREAS, CORPORATION and CONCESSIONAIRE each have the power and authority to enter into this Agreement; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and considerations herein contained, CORPORATION and CONCESSIONAIRE agree as follows: Article 1 Definitions Section 1.1 Definitions The terms and phases defined in this Article 1 for all purposes of this AGREEMENT shall have the following meanings: A. "AIRPORT" shall mean Eagle County Regional Airport. B. "AUDITOR" shall mean the CORPORATION's Auditor and his authorized representative. C. "CONCESSION SPACE" shall mean the space designated for advertising display devices in the TERMINAL BUILDING as generally depicted on the Terminal Space Plan attached hereto as Exhibits Al — A5 and incorporated herein by this reference. The CORPORATION and CONCESSIONAIRE acknowledge and agree that the dimensions of the CONCESSION SPACE as set forth in Exhibits Al — A5 are approximate, and are not representative of all advertising display opportunities inside and outside of the terminal. D. "CONCESSIONAIRE'S PROPOSAL" shall mean the Proposal as submitted by CONCESSIONAIRE and accepted by the CORPORATION and consisting of CONCESSIONAIRE's proposed minimums and its plan of operation. E. "PAST DUE INTEREST RATE" shall mean interest accruing at 18% per annum commencing on the fifth calendar date after the date such amount is due and owing until paid to CORPORATION. F. "TERM YEAR" shall commence on September 1 of each year and end on August 31 of each following year throughout the term of this AGREEMENT. ARTICLE 2 Grant of Concession Rights Section 2.1 Concession Rights Privileges and Obligations. CORPORATION grants to CONCESSIONAIRE the right, privilege and obligation to install, sell and maintain display advertising devices, e.g., flat screen monitors, interior and exterior banners, a -frame signage, wall posters, wall dioramas, standing displays, sampling, product solicitation, courtesy phone board, brochure distribution, merchandise displays, and Bluetooth proximity advertising modules within the TERMINAL BUILDING as depicted in the attached Exhibits Al — A5 consistent with and subject to all the terms and provisions of this Agreement. The areas shown on Exhibits Al — A5 where display advertising devices are presently installed shall be referred to collectively as the "CONCESSION SPACE ". Currently, there are thirty -three (33) advertising spaces in the Terminal of which ECAT reserves the right to three (3) of the positions for their sole use. The remaining thirty (30) and any additional spaces approved by ECAT are hereby included in the CONCESSIONAIRE'S privileges. The CONCESSIONAIRE will be responsible for construction of all new and replacement advertising spaces. ECAT reserves the right to regulate or reject the display and advertising of all materials in its sole discretion. Additional devices or additional types of devices may be required and /or approved by CORPORATION in its sole discretion; and locations of devices may be changed by CORPORATION in its sole discretion; but there shall be no reduction in the amount of the initial CONCESSION SPACE without CONCESSIONAIRE's consent. Section 2.2 Rights Not Exclusive. ECAT reserves the right to grant additional advertising concessions to meet the demands at the Airport in other locations in the TERMINAL BUILDING and CONCESSIONAIRE understands and agrees that its right to provide advertising is not exclusive. Section 2.3 Restrictions on Use. CONCESSIONAIRE agrees to use the space solely for the sale of advertising space. The design of advertising display devices and reservation board(s) shall be approved by the CORPORATION prior to installation. Section 2.4 Quality of Service. CONCESSIONAIRE, shall provide high quality advertising units. All displays and advertising copy, posters or transparencies used in the CONCESSIONAIRE's operation shall be of first quality, and shall conform in all respects to federal, state and local laws orders and regulations. No displays shall at any time be left empty or blank. If there is no advertising sold for the display, public service advertisements, other displays appropriate for tourist information about the area served by the AIRPORT, or other messaging as approved by ECAT shall be used in the device until the space is sold. CONCESSIONAIRE and the CORPORATION shall coordinate the non -paid public service advertising or other displays to be used; however, paid advertising shall take precedence at all times. CONCESSIONAIRE shall exercise diligence and exert its maximum effort in the sale of all advertising display space. Section 2.5 Licenses and Permits. CONCESSIONAIRE must, at CONCESSIONAIRE's own expense, provide and maintain in force any and all licenses and permits required for the legal operation of all aspects of CONCESSIONAIRE's business. ARTICLE 3 3.1 Term. This Agreement shall be effective at 12:01 a.m. local time on June 1, 2009 and shall expire on May 31, 2014 at 11:59 p.m. local. For purposes of this Agreement, the Term Years shall be a period running from Junel" through May 31s` of each successive year. Minimum Annual Guarantees shall be based on Term Years. For the initial period of June 1, 2009 through May 31, 2010 Compensation to Corporation shall be Sixty percent (60 %) of Gross Revenue payable by the tenth day of each month for every month in this Term Year. Beginning June 1, 2010, the Year 1 amount set forth in Section 4.2 will be effective and will adjust annually as set forth therein. Following this initial term, CORPORATION may grant one five (5) year option at the request of CONCESSIONAIRE. All terms are subject to earlier termination as provided in Article 8 hereof. Notwithstanding the foregoing, upon the defeasance of the bonds issued pursuant to the CORPORATION's Trust Indenture dated as of June 1, 1996, following maturity or earlier as provided in the Trust Indenture this Agreement shall terminate, as of the date of defeasance, and CONCESSIONAIRE shall vacate the premises leased herunder within not more than ninety (90) days. CORPORATION will give not less than thirty (30) and not more than sixty (60) days notice of an intent to defease the bonds in accordance with the Trust Indenture. CORPORATION also will give CONCESSIONAIRE notice of the date of defeasance within two (2) business days following the actual defeasance. Provided that the CONCESSIONAIRE is not in default at the expiration of the initial term, ECAT may extent the term for a five (5) year period at the request of CONCESSIONAIRE. CONCESSIONARE must request an extension no later than one hundred - twenty (120) days prior to the expiration of the initial Term and ECAT shall give notice to Concessionaire of its intent to renew no later than ninety (90) days prior to the expiration of the initial Term. Failure by ECAT to give such notice shall be deemed a denial of such extension request by ECAT. Section 3.2 Surrender of CONCESSION SPACE. Upon the expiration or earlier termination of this Agreement or on the date specified in any demand for possession by CORPORATION after any Default by CONCESSIONAIRE, CONCESSIONAIRE covenants and agrees to surrender possession of the CONCESSION SPACE to CORPORATION in the same condition as when first occupied, or improved as approved in writing by CORPORATION. Section 3.3 Holding Over. If CONCESSIONAIRE remains in possession of the CONCESSION SPACE after the expiration of this Agreement without any written renewal thereof, such holding over shall not be deemed as a renewal or extension of this Agreement, but shall create only a month -to -month agreement that may be terminated at anytime by CONCESSIONAIRE or CORPORATION upon thirty (30) days written notice to the other party. Such holding over shall otherwise be upon the same terms and conditions as set forth in this agreement. The Minimum Annual Guarantee during any holdover period shall be 115% of the Minimum Annual Guarantee during the same month of the previous year. ARTICLE 4 Compensation Charges, Fees, and Accounting Records Section 4.1 Compensation. CONCESSIONAIRE covenants and agrees, without offset, deduction or abatement, to pay CORPORATION as compensation for the rights and privileges granted by CORPORATION a Minimum Annual Guarantee and a Percentage compensation Fee as more fully set forth in Article 4.2 herein. Section 4.2 Payment of Compensation A. Minimum Annual Guarantee. The following Minimum Annual Guarantees shall be pro -rated and paid on a monthly basis. The Minimum Annual Guarantees shall be payable by CONCESSIONAIRE to CORPORATION in advance and without demand on the first day of the month for each and every month during the Term of this Agreement. Term Year: Minimum Annual Guarantee Year 1 $100,000.00 Year 2 $160,000.00 Year 3 $180,000.00 Year 4 $190,000.00 Year 5 $190,000.00 Option Year 1 $200,000.00 Option Year 2 $200,000.00 Option Year 3 $200,000.00 Option Year 4 $200,000.00 Option Year 5 $200,000.00 Percentaae Compensation Fee 51% 51% 51% 51% 51% 51% 51% 51% 51% 51% B. Percentage Compensation Fee. By the 10th day of the month for each and every month during the Term of this Agreement, CONCESSIONAIRE shall furnish to the Manager in a form acceptable to CORPORATION a true and accurate verified statement signed by an officer of CONCESSIONAIRE of its Gross Revenues for the preceding month. At the end of each lease year, CONCESSIONAIRE shall calculate its entire Gross Revenues for the preceding Lease Year period. If the applicable Percentage Compensation Fee for that Term Year of the Annual Gross Revenues exceed the Minimum Annual Guarantee, CONCESSIONAIRE shall pay to CORPORATION a sum of money which represents the difference between percentage of the Annual Gross Revenues and the Minimum Annual Guarantee. If applicable, payment of the Percentage Compensation Fee shall be made no later than June 15th of that year. Section 4.3 Gross Revenue. As used herein, the term "Gross Revenue" shall mean all revenues from sales (whether denominated as a sale, lease or otherwise) at all locations at the TERMINAL BUILDING, including all charges, fees or sales made by CONCESSIONAIRE for advertising and all revenues of every kind and character derived from, arising out of or payable on account of any and all business conducted by CONCESSIONAIRE or from the operations of the CONCESSIONAIRE under this Agreement, whether for cash or credit without deductions. Notwithstanding the foregoing definition; but excluding therefrom: (1) Federal, state, county and municipal sales taxes or other taxes separately stated and collected from customers; (2) Receipts from the sale or trade -in value of any equipment or materials not constituting an item inventoried by CONCESSIONAIRE, provided the sale of equipment does not represent a reduction in the installed advertising display inventory required under this Agreement. (3) Receipts from creative and ad production services offset by costs of the same Section 4.4 Title to CORPORATION's Compensation. Immediately upon CONCESSIONAIRE's receipt of monies from the sales of advertising under the terms of this Agreement, the percentages of said monies belonging to CORPORATION shall immediately vest in and become the property of the CORPORATION. CONCESSIONAIRE shall be responsible as trustee for said monies until the same are delivered to CORPORATION. Section 4.5 Interest on Past Due Amounts. Any payments not made to CORPORATION when due shall accrue interest at the PAST DUE INTEREST RATE, as herein defined. Section 4.6 Place and Manner of Payments. All sums payable to CORPORATION hereunder shall be made without notice or demand, at the following: Eagle County Air Terminal Corporation c/o Director of Aviation P.O. Box 850 Eagle, Colorado 81631 or at such other place as the CORPORATION may hereafter designate by notice in writing to CONCESSIONAIRE. All sums shall be made in legal tender of the United States. Any check given to the CORPORATION shall be received by it subject to collection, and CONCESSIONAIRE agrees to pay any charges, fees or costs incurred by the CORPORATION for such collection, including reasonable attorney's fees. Section 4.7 Books of Account and Auditing. CONCESSIONAIRE shall keep within the limits of Eagle County true and complete records and accounts of all Gross Revenue and business transacted, including daily bank deposits. Not later than June 15 of each and every year during the Term hereof, CONCESSIONAIRE shall furnish to CORPORATION a true and accurate statement of the total of all revenues and business transacted during the preceding Term Year. Such statement shall be prepared and certified to be true and correct by CONCESSIONAIRE or an independent certified public accountant. Such statement shall be furnished for every Term Year in which business was transacted under this Agreement during the whole or any part of the year. CONCESSIONAIRE expressly agrees that CORPORATION and Auditor and their authorized representatives may inspect any sales tax return or report and accompanying schedules and data which CONCESSIONAIRE may file pursuant to any retail sales tax reports and waives any claim of confidentiality which it may have in connection therewith. 4.8 Annual Reconciliation. On June 15 of each year CONCESSIONAIRE shall provide Corporation with a reconciliation of its Gross Revenue for the year to ensure that the full Percentage Compensation Fee as set forth in Section 4.2 has been paid. To the extent that the full Percentage Compensation Fee or Minimum Annual Guarantee has not been paid, then CONCESSIONAIRE shall pay the same within fifteen (15) days of the reconciliation. CONCESSIONAIRE's obligations under this Article 4 shall survive the termination of this contract so that CONCESSIONAIRE will be required to forward a reconciliation and any funds due from this Article 4 as long as CONCESSIONAIRE continues to receive revenues from this Agreement. ARTICLE 5 MAINTENANCE AND OPERATION Section 5.1 Approval of Installation. The CONCESSIONAIRE shall, without cost to the CORPORATION, install in the CONCESSION SPACE all furnishings and fixtures necessary for the customary operation of the advertising operations authorized by this Agreement. All of CONCESSIONAIRE's furnishings and fixtures (or other improvements authorized herein) are subject to prior written approval of CORPORATION. Section 5.2 Advertising Opportunities Display Advertising opportunities beyond the current inventory depicted on Exhibits Al — A5 may also include, upon ECAT approval, but are not limited to, display advertising devices, e.g., flat screen monitors, interior and exterior banners, a -frame signage, wall posters, wall dioramas, standing displays, sampling, product solicitation, courtesy phone board, brochure distribution, merchandise displays, and Bluetooth proximity advertising modules. All displays of any nature shall be subject to ECAT approval in its sole discretion. Section 5.3 New installations Proposed changes or improvements shall demonstrate the integration of the Sense of Place and Arrival, as described herein, with all new installations and improvements in the terminal. Installations should utilize the newest and freshest physical display and artwork concepts available in the international advertising market. Use of electronic technology, designs, and materials that would compliment the terminal Sense of Place and decor while maximizing revenue are expected with all new installations. CONCESSIONAIRE shall invest no less than $151,500, or other amount as approved by ECAT, of which $31,500 shall be invested before October 31, 2009, an additional $60,000 before October 31, 2010, and the remaining $60,000 before October 31, 2011 as outlined in its proposal, attached hereto as Exhibit B, or upon other mutually agreed upon terms between CONCESSIONAIRE and Corporation. Major installations or improvements shall be planned to occur prior to November 15, 2009 and /or during the spring /summer period of temporary limited air service, April 15 — August 30, 2009. Section 5.4 Aesthetics. The aesthetics of the design of the units must be consistent with the TERMINAL BUILDING architecture and decor. Approvals under Section 5.1 include satisfactory completion of requirements under this Section 5.3 and section 5.3. .Terminal "Sense of Place" and "Sense of Arrival ". The airport terminal was designed to embrace a warm, mountain lodge feel. It is the intention of the airport to focus on a design foundation with all new installations, designing new improvements with a Sense of Place that gives passengers the feeling that they have "Arrived" at their destination by incorporating a high -end mountain lodge feel with flavors of local familiar landmarks. Section 5.5 Maintenance of CONCESSION SPACE. CONCESSIONAIRE is responsible for all maintenance and repairs of its installed equipment, including the regular cleaning of display advertising devices. CONCESSIONAIRE shall ensure that automatic dial telephone equipment and video displays, if any, are kept in working order at all times. The CONCESSIONAIRE shall provide at its own expense such janitorial and cleaning services and supplies as may be necessary or required in the operation and maintenance of its displays. The CONCESSIONAIRE also agrees to keep and maintain the interior of any assigned office or storage areas in a clean, neat and sanitary condition, and attractive in appearance. Section 5.6 Repairs. CONCESSIONAIRE shall maintain and make necessary repairs to its fixtures and equipment and appurtenances thereto, including, without limitation, monitors, signs, show cases, floor coverings, walls, partitions, banners, and lighting. Repairs must be performed during off -peak hours, subject to the approval of the CORPORATION. CONCESSIONAIRE shall repair any damage made to building when installing, removing or maintaining its fixtures, equipment and appurtenances thereto. Section 5.7 Compliance with all laws and Regulations. CONCESSIONAIRE agrees not to use or permit the CONCESSION SPACE to be used for any purpose prohibited by the laws of the United States or the State of Colorado or the ordinances and resolutions of Eagle County, or not authorized hereunder, and it further agrees that it will use the CONCESSION SPACE in accordance with all applicable federal, state and local laws and all general rules and regulations adopted by the CORPORATION or Eagle County for the management, operation and control of the AIRPORT or TERMINAL BUILDING, either promulgated by the CORPORATION or Eagle County on its own initiative or in compliance with regulations or actions of the Federal Aviation Administration or other authorized federal agency. CONCESSIONAIRE further agrees to submit any report or reports or information which the CORPORATION is required by law or regulation to obtain from CONCESSIONAIRE or which CORPORATION may request relating to CONCESSIONAIRE'S operations. Section 5.8 Taxes, Licenses, Liens and Fees. CONCESSIONAIRE agrees to promptly pay all taxes, excises, license fees and permit fees of whatever nature applicable to its operations hereunder and to take out and keep current all municipal, state or federal licenses required for the conduct of its business at and upon the CONCESSION SPACE and further agrees not to permit any of said taxes, excises, license fees or permit fees to become delinquent. CONCESSIONAIRE also agrees not to permit any mechanic's or materialman's or any other lien to become attached or be foreclosed upon the CONCESSION SPACE or improvements thereto, or any part or parcel thereof, by reason of any work or labor performed or materials furnished by any mechanic or materialman. CONCESSIONAIRE agrees to furnish to the CORPORATION, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment by it of Social Security, unemployment insurance and worker's compensation insurance, and all required licenses and all taxes. CONCESSIONAIRE further agrees to promptly pay when due all bills, debts and obligations incurred by it in connection with its operations hereunder and not to permit the same to become delinquent and to suffer no lien, mortgage, judgment or execution to be filed against the CONCESSION SPACE or improvements thereon which will in any way impair the rights of the CORPORATION under this Agreement. Section 5.9 Approval of Advertising. CORPORATION reserves the right to approve advertising display materials and content, and may require CONCESSIONAIRE to remove advertising that, in the reasonable opinion of the CORPORATION, is deemed to be offensive, controversial, immoral or inappropriate for the community and the TERMINAL BUILDING. CONCESSIONAIRE, upon instruction of the CORPORATION, shall immediately cause the removal of such advertising material. Section 5.10 Servicing of Displays. Any employee of CONCESSIONAIRE or personnel working on behalf of CONCESSIONAIRE through a subcontract shall be suitably uniformed while working on advertising displays. Employees shall be neat, clean, and appropriately groomed. Section 5.11 Structural, Electrical or System Overloading. CONCESSIONAIRE agrees that nothing shall be done or kept on the CONCESSION SPACE and no improvements, changes, alterations, additions, maintenance or repairs shall be made to the CONCESSION SPACE which might impair the structural soundness of the building, result in an overload of utility, plumbing, or HVAC systems serving the TERMINAL BUILDING or interfere with electric, electronic or other equipment at the AIRPORT. In the event of violations hereof, CONCESSIONAIRE agrees to immediately remedy the violation at CONCESSIONAIRE's expense. Section 5.12 Noise, Odors, Vibrations and Annoyances. CONCESSIONAIRE shall conduct its operations in an orderly and proper manner so as not to commit any nuisance in the CONCESSION SPACE or annoy, disturb or be offensive to others in the TERMINAL BUILDING and shall take all reasonable measures, using the latest known and practicable devices and means, to eliminate any unusual, nauseous or objectionable noise, gases, vapors, odors and vibrations and to maintain the lowest possible sound level in its operations. Section 5.13 Title to Improvements. All improvements including equipment and fixtures affixed or attached to the walls or floors will be considered an integral part of the TERMINAL BUILDING and title to such improvements will vest in the CORPORATION upon termination of this Agreement, free and clear of any liens or encumbrances whatever. Should CORPORATION unilaterally terminate this Agreement during its term, CORPORATION shall compensate CONCESSIONAIRE fair market value for improvements made during the then current term. ARTICLE 6 UTILITIES AND SERVICES Section 6.1 Corporation Improvements and Services. CORPORATION shall provide and maintain, general lighting, electrical power for the TERMINAL BUILDING and make them available to the CONCESSION SPACE, If CONCESSIONAIRE requires additional lighting or electrical power, such additional improvements or services shall be subject to the prior written approval of CORPORATION, and any such improvements shall be made at CONCESSIONAIRE's expense. Section 6.2 Common Use Services. The CORPORATION may establish common use services at the TERMINAL BUILDING, including but not limited to trash and refuse removal, deliveries, industrial waste handling, recycling, and security guards. The CORPORATION reserves the right to establish charges for common use services based upon documented actual costs. Trash, sewer, and deliveries will be common use services which CONCESSIONAIRE may be required to use and pay its prorata actual share; however, other common use services may be utilized at CONCESSIONAIRE's option. CONCESSIONAIRE agrees to pay the charges for those common use services which are utilized by CONCESSIONAIRE. Section 6.3 Interruption of Services. CONCESSIONAIRE agrees that CORPORATION shall not be liable for failure to supply any utility services. CORPORATION reserves the right to temporarily discontinue utility services at such time as may be necessary by reason of accident, unavailability of employees, repairs, alterations or improvements or whenever by reason of strikes, lockouts, riots, acts of God or any other happenings beyond the control of the CORPORATION, CORPORATION is unable to furnish such utility services. CORPORATION shall not be liable for damages to persons or property for any such discontinuance, nor shall such discontinuance in any way be construed as cause for abatement of compensation or operate to release the CONCESSIONAIRE from any of its obligations hereunder, except as otherwise provided in the section entitled "Damage, Destruction or Loss." Section 6.4 Access. CORPORATION agrees to use its best efforts to permit Concessionaire access to the TERMINAL BUILDING at such times as the parties mutually agree for the purpose of installing and servicing the display devices and the advertising therein, it being understood that in order to not interfere with passenger traffic circulation and TERMINAL BUILDING operations, CONCESSIONAIRE may seek to, or be required by CORPORATION to, access the TERMINAL BUILDING and display devices at other than normal business hours. CONCESSIONAIRE shall exercise reasonable discretion so as not to interfere with terminal business and passenger service operations during periods of flight activity. ARTICLE 7 Indemnity and Insurance Section 7.1 Indemnity. CONCESSIONAIRE hereby agrees to release and indemnify and save harmless Eagle County and CORPORATION, its officers, agents and employees from and against any and all loss of or damage to property, or injuries to or death of any person or persons, including property and employees or agents of the CORPORATION, and shall defend, indemnify and save harmless CORPORATION, its officers, agents and employees from any and all claims, damages, suits, costs, expense, liability, actions, penalties or proceedings of any kind or nature whatsoever, including worker's compensation claims, of or by anyone whomsoever, in any way resulting from, or arising out of, directly or indirectly, its operations in connection herewith, its construction of the Concession Improvements, or its use or occupancy of any portion of the AIRPORT and including acts and omissions of officers, employees, representatives, suppliers, invitees, contractors, subcontractors, and agents of the CONCESSIONAIRE; provided, that the CONCESSIONAIRE need not release, indemnify or save harmless the CORPORATION, its officers, agents and employees from damages resulting from the sole negligence of the CORPORATION'S officers, agents and employees. The minimum insurance requirements prescribed herein shall not be deemed to limit or define the obligations of CONCESSIONAIRE hereunder. Section 7.2 Insurance. CONCESSIONAIRE further agrees to secure at its own expense, and to keep in force at all times during the Term hereof, Comprehensive General Public Liability Insurance in the minimum amount of One Million Dollars ($1,000,000.00) bodily injury and property damage combined single limit each occurrence. The required insurance coverage also shall include Personal Injury, Blanket Contractual Coverage for this Agreement, and Independent Contractors Coverage. CONCESSIONAIRE shall also maintain in force, during the term of this Agreement, Automobile Liability Insurance, Comprehensive Form, which shall insure all CONCESSIONAIRE'S owned or hired vehicles used by CONCESSIONAIRE at the AIRPORT pursuant to this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00), Bodily Injury and Property Damage Combined Single Limit per occurrence. CONCESSIONAIRE shall also maintain in force during the term of this Agreement Worker's Compensation and Employer's Liability Insurance in accordance with the provisions of Colorado law. The limit of such insurance coverage shall be for statutory Worker's Compensation benefits, and shall not be less than One Hundred Thousand Dollars ($100,000.00) for employer's liability insurance. CONCESSIONAIRE agrees that CORPORATION shall be named as an additional insured under such policy or policies of insurance and said policy or policies shall include the severability of interest "cross over" provision. A certificate or certificates evidencing such insurance coverage shall be filed with CORPORATION within ten (10) days after execution of this Agreement, and said certificate(s) shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to CORPORATION. At least ten (10) days prior to the expiration of said insurance policy or policies, a certificate showing that such insurance coverage has been renewed or extended shall be filed with CORPORATION. If such coverage is canceled or reduced, CONCESSIONAIRE shall within seven (7) days of notice of cancellation or reduction, but in any event more than fifteen (15) days before the effective date of said cancellation or reduction, file with CORPORATION a certificate showing that the required insurance has been reinstated in full, or provided through another insurance company or companies. In the event that CONCESSIONAIRE shall at any time fail to provide CORPORATION with the insurance required under this section, CORPORATION may immediately terminate this Agreement. The insurance carried by the CONCESSIONAIRE, as required by this Agreement, shall be primary over any insurance carried by the CORPORATION or County for the CORPORATION's own protection. A copy of the insurance representative's license, or other legal proof of his /her authorization to sign the Certificate of Insurance for and on behalf of the insurance company /companies shown thereon, must be attached to the Certificate of Insurance. Facsimile stamped signature on the Certificate will not be accepted. The Certificate must be signed by the insurance company's authorized representative. The CORPORATION will conditionally accept self- insurance under this section, subject to review and approval of appropriate County and State requirements. All preceding coverages and limits will apply. Section 7.3 No Personal Liability. No director, officer or employee of either party hereto shall be held personally liable under this Agreement or because of its execution or attempted execution. ARTICLE 8 DEFAULT AND REMEDIES Section 8.1 Default. CONCESSIONAIRE shall be in default under this Agreement if CONCESSIONAIRE: A. Fails to timely pay when due to CORPORATION the compensation or any other payment required hereunder; or B. Is in default under any other Agreement/Permit with CORPORATION or Eagle County; or C. Becomes insolvent, or takes the benefit of any present or future insolvency or bankruptcy statute, or makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee or liquidator of any or substantially all of its property; or D. Transfers its interest under this Agreement, without the prior written approval of CORPORATION, by reason of death, operation of law, assignment, sublease or otherwise, to any other person, entity or corporation; or E. Fails to timely submit plans and specifications, and other preconstruction submittals, fails to promptly begin and complete construction of concession improvements, or fails to occupy and use the CONCESSION SPACE after construction is completed; or F. Abandons, deserts or vacates the CONCESSION SPACE; or G. Suffers any lien or attachment to be filed against the CONCESSION SPACE, the AIRPORT or CORPORATION's property because of any act or omission of CONCESSIONAIRE, and such lien or attachment is not discharged or contested by CONCESSIONAIRE in good faith by proper legal proceedings within 20 days after receipt of notice thereof by CONCESSIONAIRE; or H. Fails to keep, perform and observe any other promise, covenant or agreement set forth in this Agreement and such failure continues for a period of more than 10 days after delivery by CORPORATION of a written notice of such breach or default, except where a shorter period is specified herein, or where fulfillment of its obligation requires activity over a period of time and CONCESSIONAIRE within 10 days of notice commences in good faith to perform whatever may be required to correct its failure to perform and continues such performance without interruption except for causes beyond its control; or Gives its permission to any person to use for any illegal purpose any portion of the TERMINAL BUILDING made available to CONCESSIONAIRE for its use under this Agreement. Section 8.2 Remedies. If CONCESSIONAIRE defaults in any of the covenants, terms and conditions herein, the CORPORATION may exercise any one or more of the following remedies: A. CORPORATION may elect to allow this Agreement to continue in full force and effect and to enforce all of CORPORATION's rights and remedies hereunder, including without limitation the right to collect compensation as it becomes due together with Past Due Interest; or B. CORPORATION may cancel and terminate this Agreement and repossess the CONCESSION SPACE, including but not limited to all attached or affixed equipment, with or without process of law, and without liability for so doing, upon giving 30 days written notice to CONCESSIONAIRE of its intention to terminate, at the end of which time all the rights hereunder of the CONCESSIONAIRE shall terminate, unless the default, which shall have been stated in such notice, shall have been cured within such 30 days. If CORPORATION elects to terminate, CONCESSIONAIRE shall be liable to CORPORATION for all amounts owing at the time of termination, including but not limited to compensation due plus interest thereon at the Past Due Interest Rate together with any other amount to fully compensate CORPORATION for all loss of compensation, damages, and costs, including attorney's fees, caused by CONCESSIONAIRE's failure to perform its obligations hereunder, or which in the ordinary course would likely result therefrom. C. Subject to the notice and cure provisions of paragraph B of this Subsection 8.2, CORPORATION may elect to reenter and take possession of the CONCESSION SPACE and expel CONCESSIONAIRE or any person claiming under CONCESSIONAIRE, and remove all effects as may be necessary, without prejudice to any remedies for damages or breach. Such reentry shall not be construed as termination of this Agreement unless a written notice specifically so states; however, CORPORATION reserves the right to terminate the Agreement at any time after reentry. Following reentry, the CORPORATION may relet the CONCESSION SPACE, or any portion thereof, for the account of Concessionaire, on such terms and conditions as CORPORATION may choose, and may make such repairs or improvements as it deems appropriate to accomplish the reletting. CORPORATION shall not be responsible for any failure to relet or any failure to collect compensation due for such reletting. CONCESSIONAIRE shall be liable to CORPORATION for all costs of reletting, including attorney's fees and repairs or improvements. Notwithstanding re -entry by CORPORATION, CONCESSIONAIRE shall continue to be liable for all amounts due as compensation under this Agreement, on the dates specified and in such amounts as would be payable if default had not occurred. Upon expiration of the Term, or any earlier termination of the Agreement by CORPORATION, CORPORATION, having credited to the account of CONCESSIONAIRE any amounts recovered through reletting, shall refund, without interest, any amount which exceeds the compensation, damages, and costs payable by CONCESSIONAIRE under this Agreement. Section 8.3 Remedies Cumulative. The remedies provided in this Agreement shall be cumulative and shall in no way affect any other remedy available to CORPORATION under law or equity. Section 8.4 Waivers. No failure of CORPORATION to insist upon the strict performance of a term, covenant or agreement contained in this Agreement, no failure by CORPORATION to exercise any right or remedy under this Agreement, and no acceptance of full or partial payment during the continuance of any default by CONCESSIONAIRE shall constitute a waiver of any such term, covenant or agreement or a waiver of any such right or remedy or a waiver of any default by CONCESSIONAIRE. Article 9 DAMAGE, DESTRUCTION OR LOSS Section 9.1 Damage to or Destruction of CONCESSION SPACE. If the CONCESSION SPACE, or any portion thereof, is destroyed or damaged by fire or otherwise to an extent which renders it unusable, CORPORATION may rebuild or repair any portions of the building structure destroyed or damaged, and, if the cause was beyond the control of CONCESSIONAIRE, the obligation of CONCESSIONAIRE to pay the compensation hereunder shall abate as to such damaged or destroyed portions during the time they are unusable. If CORPORATION elects not to proceed with the rebuilding or repair of the building structure, it shall give notice of its intent within 90 days after the destruction or damage. CONCESSIONAIRE may then, at its option, cancel and terminate this Agreement. Section 9.2 Cooperation in Event of Loss. If CORPORATION elects to rebuild, CONCESSIONAIRE must replace all CONCESSION SPACE improvements at its sole cost. CORPORATION and CONCESSIONAIRE shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss or damage. Section 9.3 Loss or Damage to Property. CORPORATION shall not be liable for any loss of property by theft or burglary from the AIRPORT or for any damage to person or property on the AIRPORT resulting from electric lighting, or water, rain or snow, which may come into or issue or flow from any part of the AIRPORT, or from the pipes, plumbing, wiring, gas or sprinklers thereof or that may be caused by the CORPORATION's employees or any other cause, and CONCESSIONAIRE agrees to make no claim for any such loss or damage at any time, except for any abatement of compensation or right to insurance proceeds provided for in this Section. Section 9.4 Mutual Waiverlinsurance Coverage. CORPORATION and CONCESSIONAIRE each waive any and every claim for recovery from the other for any and all loss of or damage to the CONCESSION SPACE or to the contents thereof, which loss or damage is covered by valid and collectible fire and extended insurance policies, to the extent that such loss or damage is recoverable under such insurance policies. Since this mutual waiver will preclude the assignment of any such claim by subrogation or otherwise to an insurance company or any other person, CONCESSIONAIRE agrees to give to each insurance company which has issued, or may issue, to the CONCESSIONAIRE policies of fire and extended coverage insurance, written notice of the terms of this mutual waiver, and to have such insurance policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of this waiver. Article 10 MISCELLANEOUS PROVISIONS Section 10.1 Agreement Binding Upon Successors. This Agreement, subject to the provisions of the section entitled "Assignment', shall be binding upon and extend to the heirs, personal representatives, successors and assigns of the respective parties hereto. Section 10.2 Agreement Made in Colorado. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Colorado. Section 10.3 Agreement Subordinate to Agreements with "United States ". This Agreement is subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between CORPORATION or Eagle County and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to Eagle County for AIRPORT purposes and the expenditure of federal funds for the development of the AIRPORT or AIRPORT system. The provisions of the attached Appendices 1, 2 and 3 are incorporated herein by reference. Section 10.4 Agreement Subordinate to Ground Lease with Eagle County. This agreement is subject to the written approval of Eagle County and is subject and subordinate to the terms, reservation, restrictions and conditions of the Ground Lease and any existing or future agreements between CORPORATION and Eagle County. Section 10.5 Assignment. CONCESSIONAIRE shall not assign this Agreement or in any way transfer or hypothecate any of its interest in this Agreement without first obtaining the written consent of the CORPORATION. As used herein, "assignment' means and includes, but is not limited to, (i) the grant or transfer of any right, title, possession, lien, encumbrance, security interest or other interest in, on or to thirty percent (30 %) or more of the stock or other ownership interest of CONCESSIONAIRE, (ii) grants or transfers to a single person or entity, including to any other person(s) and entity(ies) directly or indirectly controlled by it or which directly or indirectly control it, of any right, title, possession, lien, encumbrance security interest or other interest in, on or to the stock or other ownership interest which aggregate thirty percent (30 %) or more of the stock or other ownership interest of CONCESSIONAIRE, (iii) if CONCESSIONAIRE is a limited liability company, a change in the chief operating officer, manager or other person responsible for the day -to -day performance by CONCESSIONAIRE of the Agreement, (iv) the grant or transfer of any right, title, lien, encumbrance, security interest or other interest in. on or to some or all of the income or profits (however they may be measured or defined, e.g., gross income, gross profit, operating profit, net profit) of CONCESSIONAIRE, and (v) the grant or transfer of any right, title, lien, encumbrance, security interest or other interest in, on or to some or all of the cash flow (however it may be measured or defined) of CONCESSIONAIRE. Notwithstanding the foregoing, a transfer to the estate or the personal representative of a decedent, which transfer is for the purpose of accomplishing disposition by will, contract or intestate succession, shall not be deemed an assignment requiring CORPORATION's consent, but shall require notice to CORPORATION; provided that the disposition by the estate or personal representative shall be an assignment requiring consent. If CONCESSIONAIRE shall assign or attempt to assign its interest in the whole or any part of this Agreement in violation of this section, such assignment shall be void and this Agreement shall thereupon automatically terminate. CORPORATION's consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Section 10.6 Bond Indentures. This Agreement is in all respects subject and subordinate to any and all CORPORATION bond indentures applicable to the TERMINAL BUILDING and AIRPORT and to any other bond indentures which should amend, supplement or replace such bond indentures. The parties to this Agreement acknowledge and agree that all property subject to this Agreement which was financed by the net proceeds of tax - exempt bonds is owned by CORPORATION or Eagle County, and CONCESSIONAIRE agrees not to take any action that would impair, or omit to take any action required to confirm, the treatment of such property as owned by CORPORATION or Eagle County for purposes of Section 142(b) of the Internal Revenue Code of 1986, as amended. In particular, the CONCESSIONAIRE agrees to make, and hereby makes, an irrevocable election (binding on itself and all successors in interest under this Agreement) not to claim depreciation or an investment credit with respect to any property subject to this Agreement which was financed by the net proceeds of tax - exempt bonds and shall execute such forms and take such other action as CORPORATION or Eagle County may request in order to implement such election. Section 10.8 Force Majeure. Neither party hereto shall be liable to the other for any failure, delay or interruption in the performance of any of the terms, covenants or conditions of this Agreement due to causes beyond the control of that party, including without limitation strikes, boycotts, labor disputes, embargoes, shortages of materials, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or any other circumstance for which such party is not responsible or which is not in its power to control, but in no event shall this paragraph be construed so as to allow CONCESSIONAIRE to reduce or abate its obligation to pay the Monthly Guarantee or Percentage Fee herein. Section 10.9 Inconvenience During Construction. CONCESSIONAIRE recognizes that from time to time during the Term of this Agreement, it may be necessary for CORPORATION to commence or complete extensive programs of construction, expansion, relocation, maintenance and repair in order that the TERMINAL BUILDING and its facilities may be completed and operated in accordance with any present or future master layout plan, and that such construction, expansion, relocation, maintenance and repair may inconvenience the CONCESSIONAIRE in its operation at the AIRPORT. Concessionaire agrees that no liability shall attach to CORPORATION or Eagle County, its officers, agents, employees, contractors, subcontractors and representatives by way of such inconveniences, and CONCESSIONAIRE waives any right to claim damages or other consideration therefrom. Section 10.10 Nondiscrimination. In connection with the performance of work under this Agreement, CONCESSIONAIRE agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability, and CONCESSIONAIRE further agrees to insert the foregoing provision in all subcontracts hereunder. CONCESSIONAIRE further agrees to the provisions set forth in Appendix 5, and to insert the provisions thereof into all subcontracts hereunder. Section 10.11 Not Partnership. Notwithstanding the provisions herein for payment by CONCESSIONAIRE to CORPORATION of sums based upon a percentage of Gross Revenues, it is expressly understood and agreed that the CORPORATION shall not be construed or held to be a partner, associate or joint venturer of CONCESSIONAIRE in the conduct of its business. CONCESSIONAIRE shall at all times have the status of an independent contractor without the right or authority to impose tort or contractual liability upon the CORPORATION. Section 10.12 Notices. All notices required to be given to CORPORATION or CONCESSIONAIRE hereunder shall be in writing and sent by trackable ground shipping methods to: CORPORATION: Terminal Manager Eagle County Air Terminal Corporation P.O. Box 850 Eagle, Colorado 81631 Telephone: (970) 524 -8246 Fax: (970) 524 -8247 CONCESSIONAIRE: Owner TIGA Advertising, Inc. 1753 Shasta Place Vail. CO 81657 Either party hereto may designate in writing from time to time the address of substitute or supplementary persons within the State of Colorado to receive such notices. The effective date of service of any such notice shall be the date such notice is mailed or delivered to Concessionaire or CORPORATION. Section 10.12 Paragraph Headings. The paragraph headings herein are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 10.13 Patents , Trademarks and Copyrights. CONCESSIONAIRE represents that it is the owner of or fully authorized to use any and all services, processes, machines, articles, marks, names or slogans used by it in its operations under this Agreement. CONCESSIONAIRE agrees to save and hold harmless Eagle County and Exhibit A C12 12 C11 II C10 D = new display locations Exhibit Al CONCOURSE C9 C8 C7 C6 II C5 11 10 9 8 7 6 5 4 3 2 1 H1 H2 C4 C3 I I C2 C1 4 X 8 dis- I I I I I I I I 4 X 8 display phoneboard BAGGAGE CLAIM adicates proposed flat screen locations TICKETING Exhibit A2 CONCOURSE C12 C11 C10 C9 C8 C7 C6 0 = new display locations 11 10 9 8 7 6 5 4 3 2 1 rX8ir -r r y ph oneboard BAGGAGE CLAIM New 4'X 8' back lit display C5 H1 H2 C4 C3 C2 C1 4 X 8 display TICKETING Exhibit A3 Exhibit A4 —W-111 mmm n, oY m m 8u� nul �n � got Yli�t _ hl: M AIN STREET" DIS- PLAYS Exhibit B ,4DI1ERI -1XIX 0, /ANC. July 18, 2008 The Honorable Sara Fisher The Honorable Peter Runyon The Honorable Arn Menconi Eagle County Air Terminal Corporation Board PO Box 850 Eagle, CO 81631 Ladies and Gentlemen: $3,7155000.00 That's the total economic benefit that the airport advertising concession can generate for the County over the next 5 years. Of course the County only captures that benefit if it retains a company that will invest the proceeds of the concession in the County. Ideally the County will contract with a company that would: • make good corporate citizenship its business; • house its employees and even a few more; • invest tons of time and money into the community; and • partner with and hire other local businesses to ensure that the maximum benefit stays in the County. With several bidders from which to choose, one fact stands out. All but one of them will take the bulk of the concessions benefits some place else. All but one comes from a long way away. All but one has no local employees, housing or investment in our community. You have one clear choice. When you consider the choice remember that Tiga Advertising, Inc.: • initiated the airport advertising program back in 1996 when no one else would respond to an RFP; (800) 419 -6532 • P.O. Box 268 • Vail, CO 81658 • www.busad.com �.� • invested repeatedly throughout the last 12 years in improving the airport's appearance and financial performance; • grew ECAT advertising revenue from $80,000 to over $200,000 over the last 5 years, vastly exceeding anyone's (including our competitor's) expectations; • houses all its employees plus 5 others ( including several government employees) at below market rents; • partners with other local companies to provide creative local solutions to ECAT requirements; • gives back to the Eagle County community in both time and money; • will provide ECAT with a substantial direct income stream and invest the rest of the concession proceeds in Eagle County; • can be at the terminal in less than 35 minutes, we are very responsive to the inevitable client and customer concerns; • has a huge stake in the success of the relationship with the County. When you call you get the President on the line, not a regional manager who is probably looking for a new job; • offers comprehensive management of all promotional and distribution activities, allowing you to focus on the bigger revenue issues; • focuses on making our service painless to the point of transparency for the County, the Board and Airport Management, making your lives easier. • understands the local economy, customer concerns and the local politics ; and • has critical mass, between our ski area airport and transit display business we get the greatest possible exposure to the right combination of local and national advertisers. We at Tiga Advertising, Inc, are excited to initiate the next phase of our relationship. Along with our Partners, Slifer Designs and InVision Communications, we look forward to answering your questions and working together with ECAT to generate both a great revenue stream and a world class guest experience. Please let me know if I can answer any questions. Sincerely: Greg offet President Tiga Advertising, Inc. MARK UDALL 2ND DISTRICT. COLORADO i0o CANNON HOE ` 'WASHINGTON, D.C. 20515 (202!225 -2161 12021226 -784.0 irAX) .---- -. _- >�nlE�lwras o t4c Unite' tatrs U 660i TRNPIKE DR, 9206 WESTMMSTER,CO 80031 &priieseYt (303)65017820 Qusre of afTrs(303) 650.7827 (FAX) Was4ington, W� 210515-06 02 July 8, 2008 The Honorable Peter Runyon The Honorable Sara Fisher The Honorable Am Menconi Eagle County Commissioners P.O. Box 850 500 Broadway Eagle, CO 81631 -0850 Dear Commissioners Runyon, Fisher and Menconi: COMMITTEE ON ARMED SERVICES SUBCOMMITTEE ON READINESS SUSCOMAiITTEE ON TERRORISM AND UNCONVENTIONAL THREATS COMMITTEE ON SCIENCE AND TECHNOLOGY CHAIRMAN SUBCOMMITTEE ON SPACE AND AERONAUTICS SUBCOMMITTEE ON ENERGY AND ENVIRONMENT COMMITTEE ON NATURAL RESOURCES SUBCOMMITTEE ON WATER AND POWER SUBCOMMITTEE ON NATIONAL PARKS, FORESTS. AND PUBLIC W40S http: i, markudaN.hause.govl'HoR; CoO2/home It is my understanding that you are currently considering a new contract for advertising at the Eagle County Airport. As you know well, the Eagle County Airport is the fourth busiest airport in Colorado year - around. That is due in no small part to the work you have been doing to address needs with this airport and to encourage tourism and economic opportunities in Eagle County. As such, the airport is critical to Colorado's ski and tourism industry. Additionally the airport itself serves as a key community asset providing local jobs and contributing to the local economy. While Colorado and the nation continue to thrive and compete in the global economy, I believe it also is important to promote local businesses and thereby create more local jobs. In that spirit, I wanted to respectfully ask that you give every consideration to local businesses, such as TIGA Advertising Inc., as you seek bids for advertising at the Eagle County Airport. I'm sure that you have heard from many worthy advertising agencies interested in being selected for this contract. And I know that you will give each one your serious and fair attention, especially those that are local and can bring that local knowledge and benefit to Eagle County. Thank you for your consideration and all the great work you do for Eagle County. Sincerely, Mark Udall PRINTED ON RECYC..EO PAPER A,-qs yei M ,;z KJ08 C° "18 Arderson Ter ,•rai Nlar2g Eag:2 DCu :;t A, Ter' ;na! !Oor- .ora :ilo ECA-' 19 E!dvr, !Pis r Road v� G jpsu!r CO 8183- RE: ECAT Display Advertising Concession TIGA Advertising, Inc. Proposal Dear Ci- ,s. It s very exciting to see ttie county s conunued pursuit of renovations arC advancements at Eag'.e County s air tertrinal tnroug:, deveicpments ir: t' e advert.sing concessions: We nave beer pleases` to see T IGA Advertising's continued participatior in tnese improvements over the last several years ana vv "oiehear:edly supcoo their continued craft and expertise as the airport moves fcrward with its upgrades. From our perspective as a 25 -year old company specializing in servicing mountain lifestyles through interior design here in the Vail Valley we believe TIGA fuliy understands the value of travelers' time wl,;le making the transition from ta.-mac to tier -Inai to the valley itself Adve Lising of the valleys companies ana themes makes a difference to our visitors' ability to Identify resources and activities witliln our community TIGA is poised to enhance their sense of arrival and place with a display mix embodying the high -end Cciorado Rocky MOUrrtain -quality charac:erist.c of the Vai! `!alley We hope you consider TIGA Advertising's proposal favorably bolstering our local sense of place with iocal talent. As improvements move forward we wouid be very open to helping ECAT elevate the airport's fit ar'd feel thrcugh interior fixed finishes or furnishings that will both s..ppert ana comp.ernent the direction tine advertising coicessions -,v' follow relative to your directive for a ,%, arm mountain iodge feel Sircereiy SLIFER DESIGNS Bets s: :fir � CE-0 and Creative Dlrec;or idd ::,s _. .� 2 6 Z.1. 9 _._ =-.�_ 9 -7 5 53 2 2 2 7 . .. - a - ._. 700 S. Frontage Road East Eagle County Air Terminal Corporation Vail, Colorado 81657 970.479.2279 Mssrs: Baumagrtner, Anderson, f 970.479.2197 Menconi, Runyon & Ms. Fisher www.voilrec.com Eagle County youth. Moreover, Tiga is a founding sponsor of one of GOLF MAINTENANCE Dear Bruce, Chris and County Commissioners: VAIL GoLF Cuts I am the Sports Director at the Vail Recreation District. I want to 1778 Vail Valley Drive 479.2260 recommend that you retain Tiga Advertising, Inc. as your contractor at f 479.2355 the Airport. Tiga's a great local company, and an ardent supporter of Eagle County youth. Moreover, Tiga is a founding sponsor of one of GOLF MAINTENANCE the Valley's premier running events; The Berry Picker Trial Run 1278 Vail Valley Drive 479.2262 (which brings active visitors from around the Country to Eagle County f 479.3451 every August and this year is a national selection race for the US Mountain Trail Running Team). We are sure that Tiga's economic PARK MAINTENANCE relationship with the County has assisted them in supporting several of 700 S. Frontage Road East 479.2457 our programs. From the non -profit perspective it is important for local f 479.2197 businesses to thrive so that they can support the community. Tiga certainly does that, and we appreciate their support. We hope that you VnIL TENNIS CENTER will weigh community support heavily in your decision. 700 S. Frontage Road East 479.2294 (479.2197 Sincerely: JOHN A. DOBSON ARENA 321 Lionshead Circle t f 479.2267 i oel R b Sports Direc VAIL YOUTH SERVICES 395 E. Lionshead Circle 479.2292 f 479.2835 WJL NATURE CENTER 841 Vail Valley Drive 479.2291 f479.3459 VAIL GYMNASTICS 545 N. Frontage Road West 479.2287 (479.2286 ADULT & YOUTH SPORTS 700 S. Frontage Road East 479.2280 (479.2281 Or visit us on the web at: www.voilrec.com July 11, 2008 Eagle County Air Terminal Corporation/County Commissioners Ms. Sara Fisher Mr. Am Menconi Mr. Peter Runyon Mr. Chris Anderson Mr. Bruce Baumgartner Dear Administrators, I write this letter in my capacity as Board President of the Vail Valley Soccer Club (VVSC), a non - profit organization serving Eagle County for 22 years. The purpose of this letter is to highly recommend that you retain Tiga Advertising, Inc. as the advertising concessionaire at the Eagle County Airport. Tiga Advertising has been a steadfast sponsor and supporter of youth soccer programs offered by the VVSC for several years. The Company's contributions help permit the VVSC to maintain high quality programming that keeps the youth of our county involved in a positive environment, especially many of our at -risk youth. Besides financial contributions, Greg Moffet gave much time and effort as a board director with the VVSC. Without the support of companies such as Tiga Advertising, a community asset such as the VVSC would not exist. It is my personal belief that companies that support our youth in this community are a role model for other businesses and should be the preferred companies to do business with. It is for this reason that Tiga advertising should continue to be retained by the County as the advertising concessionaire. Continuing your business relationship with Tiga is critical to his efforts to support youth activities like ours . Secondly, let me switch hats. As General Services Administrator for the Town of Vail, I manage the Town's employee housing program. Tiga's profits enable the Moffet's to maintain several employee housing units, one of which the Town of Vail rents for seasonal employees. The Moffet's make a deliberate effort to keep their rents below what they can receive in the Vail rental market. It has helped tremendously, which is another reason for your continued business relationship with Tiga Advertising. As you evaluate candidates for the advertising concessionaire, I would hope that you will give every possible consideration to Tiga Advertising. The support they give to the community is huge and you would be making a wise decision to retain their services. Sincerely, Susie Hervert LIST IIV July 17, 2007 4511° -`Aru1"ew44Y, Eagle County Air Terminal Corporation Board PO Box 850 Eagle, CO 81631 Ladies and Gentlemen: I am writing on behalf of Greg Moffet and TIGA Advertising in support of their being selected as the premiere advertising organization for the Eagle County Air Terminal. TIGA Advertising and Greg Moffet are avid supporters of Vail Mountain School, in particular our annual Home Tour which will celebrate its 37h anniversary tour in Beaver Creek/Bachelor Gulch on September 21, 2008. The Tour annually attracts several out -of -town guests who make air travel plans early in the year specifically to attend the Home Tour. We anticipate close to 1,000 visitors attending this year's event. Greg Moffet is a pleasure to work with, always willing to go the extra mile plus provide creative ways for us to promote our event. His commitment to the Vail Valley as a member of the Vail Town Council exemplifies his deep investment in assuring the viability of the community. We are most grateful for his energy, wisdom, and willingness to get involved for the benefit of all who live and visit our beautiful valley. Thank you for your strong consideration of maintaining your relationship with Greg Moffet and TIGA Advertising. Sincerely, Nancy Yo Director o e ent 3000 BOOTH FiL.LS ROAD • VAIL COLORADO 81657 • 970 -476 -3850 • FNX 970-476 -3860 • \ \1.\ \\`\ -AA .EDLI IV. DOCUMENTS AND ITEMS TO BE SUBMITTED WITH PROPOSAL A. CHECKLIST OF ITEMS TO BE COMPLETED AND SUBMITTED WITH PROPOSAL. The following forms and questionnaires are to be completed, fully executed, signed, and returned with your proposal. i . PROPOSAL FORM P( Proposal Form 2. DISPLAY ADVERTISING CONCESSION AGREEMENT — COMPENSATION TABLE ( -)'z Compensation Table 3. DISPLAY ADVERTISING CONCEPT PLAN (CJ' Display Advertising Concept Plan 4. QUESTIONNAIRES /FORMS (;,� Qualifications and Experience Questionnaire. Attach any other information such as other relevant business or franchise experience, references, awards, and history. () If applicable, copy of DBE Certification, or photocopy of first page of pending certification application. ADDENDA SHEET(S) (if Applicable) B. PROPOSAL FORM (To be used by All Proposers) DISPLAY ADVERTISING CONCESSION AGREEMENT Eagle County Air Terminal Corporation DATE: July 11, 2008 TO: Chris Anderson, Terminal Manager Eagle County Air Terminal Corporation (ECAT) 0219 Eldon Wilson Road Gypsum, CO 81637 (Ground shipping methods only, no US Mail) Dear Sir. The undersigned, having examined and having become familiar with: 1) the Instructions to Proposers, 2) the sample for the Display Advertising Concession Agreement, 3) any and all related documents, and 4) the proposed sites therefore and operations thereof for the proposed Display Advertising Concession in the terminal building at Eagle County Regional Airport, hereby proposes to pay ECAT monthly for each of the five (5) year terms. The undersigned also agrees to pay ECAT the following amounts (see compensation outline on next page) for each portion of the five -year term as indicated. TERM YEAR #1 September 1, 2008 — August 31, 2009 Minimum Annual Guarantee (amount in words) existing add display Concept locations Plan only programming one hundred one hundred thousand thousand (amount in numbers) $100,000 $100,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% TERM YEAR #2: September 1, 2009— August 31, 2010 Minimum Annual Guarantee (amount in words) one hundred one hundred ten thousand sixty thousand (amount in numbers) $110,000 $160,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% TERM YEAR #3: September 1, 2010 — August 31, 2011 Minimum Annual Guarantee (amount in words) one hundred one hundred twenty thousand eighty thousand (amount in numbers) $120,000 $180,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% TERM YEAR #4: September 1, 2011 —August 31, 2012 Minimum Annual Guarantee (amount in words) one hundred one hundred twenty thousand ninety thousand (amount in numbers) $120,000 $190,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% TERM YEAR #5: September 1, 2012 — August 31, 2013 Minimum Annual Guarantee (amount in words) one hundred one hundred twenty five thousand ninety thousand (amount in numbers) $125,000 $190,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% OPTION YEAR #1 September 1, 2013 — August 31, 2014 Minimum Annual Guarantee (amount in words) one hundred two hundred twenty five thousand thousand (amount in numbers) $125,000 $200,000 Percentage of gross Receipts ((amount in words) Fifty Percent Fifty percent (aniount in numbers) 50% 50% OPTION YEAR #2: September 1, 2014 —August 31, 2015 Minimum Annual Guarantee (amount in words) one hundred two hundred thirty five thousand thousand (amount in numbers) $135,000 $200,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% OPTION YEAR #3: September 1, 2015 —August 31, 2016 Minimum Annual Guarantee (amount in words) one hundred two hundred thirty five thousand thousand (amount in numbers) $135,000 $200,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% OPTION YEAR #4: September 1, 2016 —August 31, 2017 Minimum Annual Guarantee (amount in words) one hundred two hundred thirty five thousand thousand (amount in numbers) $135,000 $200,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% OPTION YEAR #5: September 1, 2017 —August 31, 2018 Minimum Annual Guarantee (amount in words) one hundred two hundred thirty five thousand thousand (amount in numbers) $135,000 $200,000 Percentage of gross Receipts (amount in words) Fifty Percent Fifty percent (amount in numbers) 50% 50% The undersigned agrees to execute the formal Display Advertising Concession Agreement in a form substantially similar to the attached. The undersigned hereby acknowledges receipt of copies of the Sample Display Advertising Concession Agreement, and Instructions to Proposers for the display advertising concession and that the same have been reviewed prior to the execution of this proposal; that the premises at the commercial passenger terminal building at Eagle County Regional Airport proposed to be devoted to this privilege, and plans showing the layout of such premises, have been inspected by the undersigned, who has become thoroughly familiar herewith and with the proposed method of operation. The undersigned further: (a) acknowledges the right of the ECAT to reject any or all proposals submitted, and that an award may be made to a proposer other than the highest monetary proposers if all other conditions and requirements are not met; (b) acknowledges and agrees that the discretion of ECAT in selection of the successful proposers shall be final, not subject to review or attack, and (c) acknowledges that this proposal is made with full knowledge of the foregoing and in full agreement thereto. By submission of this proposal, the proposer acknowledges that ECAT has the right to make any inquiry or investigation he deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to ECAT of any and all information sought in such inquiry or investigation. Dated at //fill- this 1 day of .-J v 2008. Signature of Proposer: If a corporation: --r16 .4 dPr /Si f / '`' C corporation. By: Gr2Z6 O,9�--AF Title: £s /zgF'v (Seal if proposal by corporation) Display Advertising Concession Agreement Compensation Table (Based on existing advertising locations) Display Advertising Concession Agreement Compensation Table (Based on adding advertising locations and programs in Design Concept Plan) ECAT's Compensation Minimum Annual Guarantee - US Currency Compensation Percentage Fee Term #1 $100,000 50% Term #2 $110,000 50% Term #3 $120,000 50% Term #4 $120,000 50% Term #5 $125,000 50% Option Year #1 $125,000 50% Option Year #2 $135,000 50% Option Year #3 $135,000 50% Option Year #4 $135,000 50% Option Year #5 $135,000 50% Display Advertising Concession Agreement Compensation Table (Based on adding advertising locations and programs in Design Concept Plan) ECAT's Compensation Minimum Annual Guarantee - US Currency Compensation Percentage Fee Term #1 $100,000 50% Term #2 $160,000 50% Term #3 $180,000 50% Term #4 $190,000 50% Term #5 $190,000 50% Option Year #1 $200,000 50% Option Year #2 $200,000 50% Option Year #3 $200,000 50% Option Year #4 $200,000 50% Option Year #5 $200,000 50% Supplemental Compensation Table (Based on additional advertising locations ) *Proposer should explain in detail additional advertising space considered for supplemental compensation.; Assumes adoption of Tiga's Concept Plan and adding 2 -3 fixed displays per year (anticipating Terminal expansion), full use of baggage carousels for weekly promotional advertising in years 1 -4 and adding flat screens to carousels at renewal, sampling and distribution during peak periods, security shoe tub ads, and promotional banner installations. ECAT's Compensation Compensation Percentage Fee Term #1 $50,000/50% Term #2 $100,000/50% Term #3 $130,000/50% Term #4 $150,000/50% Term #5 $160,000/50% Option Year #1 $170,000/50% Option Year #2 $190,000/50% Option Year #3 $100,000 /50% Option Year #4 $210,000/50% Option Year #5 $220,000/50% *Proposer should explain in detail additional advertising space considered for supplemental compensation.; Assumes adoption of Tiga's Concept Plan and adding 2 -3 fixed displays per year (anticipating Terminal expansion), full use of baggage carousels for weekly promotional advertising in years 1 -4 and adding flat screens to carousels at renewal, sampling and distribution during peak periods, security shoe tub ads, and promotional banner installations. TIGA ADVERTISING, INC. DISPLAY ADVERTISING CONCEPT PLAN Introduction Tiga Advertising Inc. is a locally -based Eagle County company and national resort advertising specialist with an emphasis on "local ". • We hire local businesses and individuals, supporting the local economy. • We support local civic and non - profit organizations through financial and volunteer commitments. • We house all of our workforce as well as other local employees. • We adhere to green practices, and our proposal reflects our sensitivity -._ to t wc.ai enviroiiiiiencai yiiancy. • Our capital program will hire existing labor in Eagle County so that temporary workers will not compete for housing from the local work force. The revenue from the Eagle County airport advertising concession helps fund these positive community outcomes. Tiga Hires Locally: Our proposal highlights our emphasis on doing business locally and keeping the benefits of the business in Eagle County. Our capital program relies on our Partners: Slifer Designs, an Eagle County based, internationally renowned interior design firm, Invision Communications, an Eagle County based low- voltage specialist, and The Colorado Ski Museum, our County's own historical repository for the entire state's connection to the Ski Industry. Additionally we plan to partner with Eagle based Didier Construction for fixture installation. On an on -going basis, we contract with and buy from several Eagle County-based individuals and businesses including: • D. Jensen Electric • Rita Mueller bookkeeping • Ace Hardware • Vail Lights • Several local graphic design firms. Some of the benefits of buying locally include increasing County purchasing power and not adding more pressure to our local housing crisis. We project the economic impact of this contract, exclusive of the County's revenues, at over $1,000,000 during the contract's five year term. Tiga supports Local Civic and Non - profit organizations: The economic impact mentioned above supports a vast array of County benefits. Tiga's profits from the Eagle County Air T erminal Concession facilitated in whole or part: ■ An 8 year term on the Vail Town Council ■ A four year term on the Vail Recreation District Board ■ Membership on: • Eagle County OSAC • Eagle County Planning Commission • Town of Vail Design Review Board • Vail Local Marketing District • I -70 Corridor Coalition • Eagle County Housing Action Team • Chamonix Neighborhood Planning Task Force • Eagle County School District Accountability Committee • Vail/ Vail Recreation Master Planning Committee • Vail / Eagle Valley Rotary Club • Vail Valley Soccer Club • Vail Valley Partnership- various boards including the VVTCB- VV Chamber- Merger Committee ■ Sponsorships of: • BRAVO • Prima • VMS Home Tour • VRD Trail Running Series • Pedal Power Bike Team • SOS In short, no out of town concessionaire will re- invest virtually all of the benefits of this contract right back in to Eagle County, Tiga does now and will continue to do so in the future. Tiga houses all of it's employees, plus several more: Tiga management recognized the need to lead in workforce housing years ago. Consequently not only do we house all of our own employees but we own housing and rent at reasonable (frankly, below market) rates to other members of the local workforce (please see the Letter of recommendation from Susie Hervert at the Town of Vail). This housing could all be sold at a substantial profit, but we at Tiga recognize the community's need for housing. We plan on continuing to rent the housing as long as financially viable. In total we house nine members of the local full time workforce plus a couple of high school students that work several jobs between them. The value to the County of this housing, especially up- valley near the heaviest employment concentration, is $1,305,000. Even subtracting the Tiga component of this, the County's realized value is: $870,000. We submit that no other potential concessionaire will provide any housing benefit to the County. When added to the concession, no other bidder can approach Tiga's financial cortribution. Ticia Works Green: We at Tiga know why we are all here, and accordingly are environmentally responsible members of an already exemplary local business community. As it relates to the advertising concession, we plan to re -use substantial portions of our existing fixtures, reducing landfill impacts (and, coincidentally, not saving a dime), we plan on replacing all four bulb installations with new 2 bulb high output, low profile fixtures (we started this program several years ago). If permitted, we propose to tie our fixtures into the County's new solar facility at the airport. In Sum: In addition to the MAG of $820,000 and the additional anticipated compensation to ECAT, choosing Tiga will pump another $1,000,000 into the local economy and preserve housing with a deed restriction differential value of $1,305,000: Totaling between $3,125,000 of positive economic impact. We're willing to bet that none of the big out -of -town bidders will approach this commitment to Eagle County. 1. Marketing & Sales Effort and Theme Theme: Given the County's emphasis on focusing on a "warm, high -end, mountain lodge feel" we only had one choice when selecting a design approach. We had to partner with the company that is largely responsible for defining the "high -end mountain lodge feel ": Slifer Designs. We included Slifer Design's materials as exhibit A, but suffice it to say that Beth Slifer and her team understand "mountain lodge" better than anyone on the planet. Consequently, our display theme will rely on Slifer Designs direction as it relates to case design elements. Slifer Designs is also available to further suggest and oversee additional design modifications of the terminal if the county so chooses. At the outset Slifer Designs has recommended facing any display cases in either antiqued wood or leather faces (not faux finishes fabricated out of tin or sheet metal). We have included several sample sheets in our proposal as exhibit B. Of course we anticipate working closely with the County in making final design selections. That said, any of the suggested design elements would look at home in the lobby of the Ritz Carlton Bachelor Gulch, which is what our team used as a bench mark. Tiga also proposes to further enhance the "sense of place ": through its partnership with the Colorado Ski History Museum. The Museum, which recently wrapped up a very successful display run at DIA, would place its displays in strategic locations throughout the terminals. Please see examples of these displays in exhibit C. One suggested location is where the trees now sit on the baggage carousels. We also envision several locations in the Hold Areas. To meet the County's requirement that the collection "incorporate advertising displays featuring mountain lifestyle companies and themes, and local anchor brands" we propose adding a downtown shopping street opposite the TSA checkpoint. This would incorporate low profile display cases designed to look like shop windows in Vail and Beaver Creek. Needless to say we already have the contracts in place to solicit interest in filling these "store windows ". Additionally, with Slifer Designs and the airport staff, we propose to explore installing a Vail/ Beaver Creek Main Street background on the wall behind the displays. Marketing and Sales Effort: The addition of several flat screen displays (we will not use AIM displays, they tend to malfunction, see exhibit D from the Aspen Airport) will provide a much needed infusion of new inventory to the Terminal. We currently maintain a substantial back log of customers desirous of advertising in the terminal but daunted by our fixed display's price point. Using our full -time in- county sales team, we plan to reach out to local businesses for which airport advertising has been financially out of reach. We already know and sell other media to many of these businesses. Please note a crucial point of distinction between Tiga and the other bidders for this Concession. Tiga does not rely on press releases and "media blitzes" to get customers to come to us. We call on customers year round. Moreover the County would be very hard pressed to find sales professionals with a deeper understanding of the local markets in which our customers operate. Greg Moffet has been selling advertising in Eagle County for 15 years with over $8 million in ski resort sales, over $3.9 million of which came from Eagle County. Greg's sales experience combined with his marketing background and extremely deep understanding of local issues uniquely positions him for continued success. A great recent example occurred when the ECAT asked Tiga to find an advertiser for the 18' installation over the main terminal door. Twenty -four hours later, Tiga had a three -year contract at a price that far exceeded anyone's expectations. We also anticipate adding two programs to the main concourse to take advantage of the unmet need for short term, promotional advertising. First, we would institutionalize Split Board ads on the carousels. Second, we would install banner hangers (with block and tackle) on the main terminal structural elements. This system will make changing banners a quick operation that does NOT require use of a cherry picker. These both present a sizable untapped revenue source and have the advantage of easy installation and removal. In both cases, but particularly the split boards, if the program is extremely successful we would propose to install a permanent fixture, or even a flat screen on the carousels to capture all of the available revenue. Rather than a 'one size fits all" approach (we singularly recognize that Eagle County is not Pueblo, Grand Junction, Cincinnati, Reno or Idaho Falls), Tiga works from its core competency as a resort- advertising specialist. This extends to our marketing partnerships, particularly Avon -based Brand Connection Winter Sports (BCWS). BCWS is far and away the most successful media sales firm in the snow sports industry, with exposure in over 70 resorts nationally. BCWS sells only to national consumer brands that seek to reach the snow sports market. Tiga's products, which focus exclusively on destination resorts, comprise the crown jewels of BCWS product mix. Together Tiga and BCWS most successfully present the Eagle County Terminal to the ri ht national consumer brands. We collectively seek synergies between our customers and clients. By the way, BCWS is also interested in product sampling at the Eagle County Airport, and will pay handsomely for the privilege. Because we are local, we are very sensitive to local political concerns. We operate the concession in such a way as to prevent issues bubbling up to the County Administration- and Commissioner - level. In sum, Tiga's local and regional sales efforts for its existing systems in Eagle County, the Roaring Fork Valley, Steamboat, Winter Park and Summit County as well as broader regional markets Jackson, Park City, Sun Valley and North and South Lake Tahoe singularly position TIGA for success in local and regional sales. Add in BCWS for national consumer brand reach, and TIGA offers an unparalleled marketing and sales reach. In fact, history bears us out. Looking at TIGA's revenue history at Eagle County shows that whenever TIGA was presented with an increased inventory the company responded with rapid revenue growth. This resulted in a 154% jump in revenue over the last 5 years or over 30% per year on average. 2. Pricing Policy In order to meet the financial targets in our proposal, Tiga will take a two phase pricing approach. Fixed displays will see escalating prices at well above inflationary levels for the next few years. Historically, these displays have been priced at a level comparable to a full page ad in local high end glossy publications (Vail Beaver Creek Magazine and the Vail Beaver Creek Catalog for example). We foresee testing the waters with pricing above historic levels. We also recognize that the Airport's layout creates a "real estate issue ". Stated simply, some displays occupy more valuable locations than others. In the early years of our program we differentiated pricing based upon location. As the number of displays increased, and particularly after 9 -11, we abandoned the differential as a policy (although we continue to use it in practice). Given the terminals physical constraints we will reinstitute the differential. We anticipate that this will lead to some customer fallout, (hopefully not so much disgruntlement that it becomes a political issue) which we will re- capture with our digital display program. Tiga will price its digital displays on a per slide basis, anticipating a finite number of "'slides" per display. The program will also include volume discounts for buying multiple displays. We will price a single slide at roughly 20% of the price of a fixed display. This will open the market to a much broader customer base while retaining the customers that we price -out of fixed displays. History dictates the pricing for some other products. We anticipate reducing prices on some phone board displays. Also due to our excellent relationship with, and long standing membership in, the Vail Valley Partnership, and with ECAT's approval, we will seek brochure distribution synergies with its programming at the terminal. Tiga will price new programming, including product sampling and temporary displays, proximity marketing modules and banners on a yield managed seasonal sliding scale. We anticipate being extremely mindful of County marketing objectives and will rely on our extensive relationships with marketing - oriented non - profits to replicate the success of programs like the "Think Summer Think Vail" display and the Bravo! cello case displays 3. Management and Geography Greg Moffet will manage the advertising facilities; he is located in Vail, in Eagle County (although he is frequently in Eagle attending meetings). 4. Advertising Devices and Locations Tiga's plan for the Airport advertising plan consists of several different types of devices, in particular: ✓■ Fixed Displays In 3 Standard Sizes 45 X 30 (3 -2 Aspect Ratio), 4'X 8' And 6' X 18' (Only One At The Outset) �■ 50" Flat Panel Video Monitors. r■ Blue Tooth Proximity Advertising Modules ✓ ■ Courtesy Phone Board With Ring Down Phones ✓■ Brochure Distribution ■ Split Board Displays ✓■ Banners (On Permanent Hardware) �■ Large Format Graphic Wall Display d ■ Merchandise Display Cases In order to achieve the Airport's objective of creating a "sense of place" incorporating a "warm mountain feel ", our partners at Slifer Designs have selected a variety of furnishings and frame materials that exude the "mountain elegance" ambiance indicative of the Valleys most praised lodges including the Ritz Carlton Bachelor Gulch and Arabelle. Samples of some of these materials are included in exhibit B. Please note that we anticipate that the ECAT will play an active role in selecting the ultimate finishes. As a point of fact we don't want the "tail to wag the dog," i.e. we don't feel that it's necessary that the advertising program dictate the terminal decor. Rather we suggest that the County engage in a design process that further achieves its objectives beyond just what the advertising displays can bring to the "sense of place ". We welcome the opportunity to participate in such a process. We foresee the greatest impact of the new "mountain elegant" design element to occur on the fixed displays. We anticipate keeping all the fixed display locations in baggage claim; installing new facing to those displays to achieve the desired "mountain feel ". We don't foresee adding chotchkes and geegaws, but rather focusing on real quality materials (not faux finishes) to communicate, subtly, the sense of arrival at the nation's premiere resort area. We anticipate exchanging the displays in the hall opposite the TSA checkpoint (see exhibit F) and installing a graphic of Vail/ Beaver Creek Villages with shallow merchandise displays "featuring mountain lifestyle companies" and local "anchor brands ". It's noteworthy that these brands (such as Gorsuch and Pepi's) are very choosey about where they spend their ad dollars. They don't focus ad spending locally because they are "brands" already and don't feel a strong need to announce their presence. Much like the Vail Resorts, they believe that they've accomplished the hard part by getting the vacationers here where they will walk into the "anchor" stores because it's part of the Vail and Beaver Creek experience. This is by way of saying that we will have to price these displays very aggressively to entice these "brand" companies to the airport. They are very aware of the opportunity and take a pass yearly at our historic price points. We will replace at least two of the existing 45" X 30" displays in the main concourse/ hold areas with new 4'X 8' low profile displays. These eye - level, high drama displays will effectively showcase national brands and real estate and sell for twice the current fixtures price. We also anticipate adding another 4'X 8" fixture on the west wall of the baggage area (see exhibits E & F). Our plan calls for installing up to eight 50" flat screen TV monitors, 4 in baggage and 4 in the concourse/ hold area (please see exhibits G, H, I & J for proposed materials and our existing installation at the Vail Beaver Creek Jet Center). The Blue Tooth Proximity Modules are out of sight and transmit an ad to voluntarily enabled phones as the owners walk near the relevant display (please see exhibit K). This technology permits the advertiser to pay for specific messages and promotions throughout the year. It is non - intrusive because it only appears on phones that have "enabled" the receipt of Blue Tooth messages. It also permits us to generate more revenue from existing fixtures and avoid over cluttering the guests experience. In concert with Slifer Designs we will redesign the Courtesy Phone Board and Brochure Distribution Stations to the new design standards. We also plan to custom design and manufacture banner hangers that will permit banner change out from the floor (please see exhibit L for potential locations). We anticipate that the mechanics behind this solution will "hide" above the structural elements and the soffits and walls in the main terminal. As with other devices, we will work closely with ECAT to make sure that the fixtures meet ECAT's needs and expectations. S. Anticipated Installation Schedule We propose to install the bulk of the new devices during the Airport's spring /summer 2009 Airport shutdown. Having worked for the last 12 years at the Eagle County Airport we recognize the constraints on working in the terminal during busy seasons. The spring and early summer are the best time to work in the terminal and the planned shutdown will further facilitate this with the least possible interference with the airport operations and impact on the guest experience. Our proposed schedule is: Fall 2008: Meet with terminal authorities and design team to confirm design plan. December 2008: Finalize design plan, ECAT sign -off on final specs January 2009: Order necessary components for April delivery February 2009: Schedule installation vendors for April- July March 2009: Finalize staging plan April 2009: Commence installation focusing on secure areas and most disruptive work May 2009: Complete secure area work, focus shifts to public areas June 2009: Finish base installations, skill trades installing final components July 2009: Dry run all electronics, finalize all installations August 2009: Open, up and running and selling 2009 -2010 ski season. September 2009 Customer Welcome Reception 6. Initial Investment We plan on spending over $150,000 on the new advertising program. These numbers are preliminary and contingent upon ECAT's final finishes approval. Fixed Displays New Facing $25,000 New Cases $12,000 Retro Fit Electronics $7,500 Flat Screen Monitors 8 Monitors $24,000 Software $7,500 Installation $12,000 Proximity Modules $5,000 Phone Board and Brochure Display $6,000 Banner Hangers and installation $7,500 Ski Museum Display Cases $20,000 Large Format Graphic $20,000 Display Cases with LED Lighting $5,000 Total New investment $151,500 7. Investment During Contract Term Tiga anticipates adding displays annually as demand increases. Additionally, flat screen monitors wear out after between 40,000 and 60,000 hours, which roughly coincides with the commencement of the extension term. This would require replacement of the flat screens at that time. We routinely inspect the fixed displays and repair them as necessary. We also, keep abreast of advertising technology and, subject to ECAT approval, will invest in appropriate new technologies (such as the proximity marketing module described elsewhere in the plan). We estimate these capital requirements to average $10,000- $15,000 per year during the contract term. 8. Meeting Schedules We would be happy to meet as often as ECAT desires (this has always been our approach). Greg Moffet attends meetings at the County Building on the first and third Wednesday of every month. In the interest of burning less fossil fuel, he could meet every one of those days or fewer if ECAT personnel become tired of seeing him. All kidding aside, we are 30 minutes away and we are happy to meet as often as necessary to ensure ECAT's comfort with what we are doing. As ECAT personnel know, Tiga's president is frequently at the airport and is happy to add an office call to any and all visits. We are also happy to designate fixed meeting times as often as required. 9. Response Time As noted above, our offices are in Eagle County, just 30 minutes east of the airport. Historically we have responded to the very few maintenance issues drawn to our attention in under 24 hours and we anticipate continuing to meet those standards. Even when Tiga's principals travel they have local contractors available on short notice to deal with any emergent issues. �/� I � S L I F E DVS IGNS W 7r� F r o -I �p r 11 + Cre�i The final product of design is BETH SLIFER �i �I� I� iii �� t la- Ei 700 We're all about , � S �, le, / When I first started designing homes in Vail, I never dreamed that my IJId ;At would set the standard for residential mountain resort 4 . Now, exceeding our clients' expectations tells us that we have done our job well, and the best compliment we receive is when they come back to us for more. Having a background in business helped me to understand our clients' goals, and I have passed this /WV along to my team. Our clients want to be relaxed in their homes and able to enjoy each other, so we are about creating luxurious spaces that are also functional. I encourage you to get to know us and trust us to enhance your resort lifestyle. Aj�-' V CREATIVE DIRECTO+ACEO We're all about .S�/ "I�GfZl�lifYi • Conceptual design • Lifestyle approach to space planning • Schematic design (character and theme development) • Furniture, fabric, color and accessory selection • Fixed finishes planning, design, and selection • Floor and wall treatment selections • Plumbing fixtures, lighting fixtures and appliances • Kitchen and bath design • Cabinetry • Construction documents and construction administration • Specifications and value engineering • Additions, renovations and remodels • Sustainable design ilk We're all about /LIJ�hZPi Our team of designers about designing homes and making them a reflection of you. At the same time, because of our knowledge, expertise, and guidance, we can help you avoid costly mistakes. We know how to work with architects and contractors and we have excellent relationships with skilled craftspeople, including seamstresses, furniture makers, upholsterers and masons. Our designers supervise your project until it is completed —Sh VV1 We're not happy until you are. Time and again our clients return to us with a new project, which is the best indicator that we are doing our jobs well and making lifelong friends in the process. We would be honored to work on your project and add you to our list of Awis, V act VICE PRES DE , INTERIOR DESIGN We're all about When resort developers started asking us to make their commercial projects look and feel like one of our residential designs, we decided to expand our services. Our interior architecture and hospitality department 4t&S with developers and architects in the design of hotels, interval ownership properties, private residence clubs, golf clubhouses, restaurants, spas and wholly owned L a developments. A committed focus on % 6S6Y Z continues to sustain and expand our partnerships with internationally renowned resort developers. We're proud to currently be working on several ventures under construction in Vail's billion dollar renaissance. Developers realize that if they can C/-ea, 11 environments that people love to live in, their product will sell. That is what we do best: create luxury living experiences. VICE PRES ENT, INTERIOR RCHITECTURE AND HOSPITALITY We're passionate about the e&v)Gf�1� ��j, �l� Green building has become increasingly important, with more and more people caring about protecting the environment. We are committed to educating our clients about 2ef1i e6 /Z, in the hopes of being able to work on more eco- friendly projects. We've completed projects such as Old Greenwood and Tonapalo in Lake Tahoe, California, and Brightwater Club in Gypsum, Colorado. The Jackson Hole Golf and Tennis Club in Wyoming and the Ameya Preserve in Montana are current green projects, with more developments on the horizon. The future challenge is for everyone to develop SC(5C 6 1�. We recommend gathering a team of experts (interior designers, arc itects, developers, builders) from the beginning to create the best end result. Unlike years ago, green building and design are no longer necessarily more expensive, uncomfortable or unattractive. Beautiful fabrics, furniture and finishes blend seamlessly with comfortable interiors while at the same time providing a �� e U XY IIteJ d for your new gathering place. It's all about a /1'ct/ With the rising values of real estate across the nation, i" has never been a more financially sound choice for obtaining the lifestyle you desire and increasing the value of your investment. When clients engage Slifer Designs for interior remodeling services, they benefit from having interior design and interior architectural professionals working as a team — Our integrated remodel services include space planning, furniture layouts, kitchen and bath design, media room design, construction drawings, and construction management. We also offer services to furnish your newly designed space. We can make the remodeling experience M • 14po 4A 3 l 1R ,,, yr l �1 ,J I1 "'W 1.4 e L i *Slifer Designs' Projects =-�- Slifer Designs' Award Winning Projects 1 The Teton Club, Jackson Hole, WY • • 2 The Ritz- Cariton Club, Bachelor Gulch, CO 3 The Roaring Fork Club, Basalt, CO 4 Hyatt Main Street Station, Breckenridge, CO 5 Red Sky Ranch Clubhouse, Wolcott, CO 6 Mayacama, Santa Rosa, CA 7 Country Club of the Rockies, Edwards, CO —� 8 Old Greenwood, Lake Tahoe, CA lob— r. �. .. �19 See it, touch it, love it ,�/ Our showroom began as a place where our residential clients could see and feel samples of what might soon energize their homes. Now, our showroom is a place where people from all over the world shop to discover something they can't find anywhere else. European, rustic and modern, our showroom offers a variety of rich f9w&ldwiffl Jb/LI to suit our shoppers' v discriminating tastes. Our buying and merchandising teams are committed to selecting the best and latest in furnishings, accessories and artwork and displaying it for you to see how it might look in your home. Whether you need to refurnish an entire room, or you are just looking to accessorize, our showroom is full of original ( , Check out our on -line collection at www.sliferdesigns.com. y r � i lir L7 r; We care about our c6�1111111111,1i Giving back to our community is a high priority for Slifer Designs, and we have focused our giving in the areas of education, health, affordable housing, sustainable building and the arts. Not only do employees donate their time to various non - profit organizations such as Habitat for Humanity, the Vail Valley Symposium and our local Youth Foundation, Slifer Designs also works on pro bono projects that benefit the entire Vail Valley community and western region of Colorado. We are currently working on the Cancer Caring House near our Edwards headquarters — a project that provides accommodations for patients during recurring treatments. We completed the Maxine Miller Room, the Vail Valley's first hospice room, in 2005. Some other pro bono community projects include the Avon Recreation Center, the Vail Interfaith Chapel and Donovan Pavilion in Vail. We also support the Healthy Homes Tour and Expo, The Vail Breast Cancer Awareness Group and the Eagle Valley Alliance for Sustainability. The Slifer Designs With more than 70 professionals working side -by -side in our Edwards studio, retail showroom, and distribution center to ensure intelligent and creative solutions to any interior design project, your home is in good hands. Broad -based versatility, sophisticated and deep resources, dedicated service, your great to to and ours — we combine all of these elements for your P� SCC,L�L6GO�Ii, We are committed to making you happy with your design investment. W offer to each and every one of our clients: • Over 20 years of experience creating luxurious surroundings makes Slifer Designs the leader in the resort interior design industry nationwide; • Our resource library — one of the largest in the nation, it offers the latest and greatest materials, fabrics and fixed finish selections; • Our distribution center — 452,000 cubic feet of storage space; • Our installation crew — talented and professional staff to provide meticulous care for your furnishings prior to and during installation; • Our retail showroom — allows you to select furniture and accessories for your new home to add your personal finishing touches; • Our interior design and interior architecture studios — we work in teams headed by project managers with significant experience working in the interior design and architecture fields; • Our vendor relationships — because of our strong buying power, we are able to frequently offer better pricing than the manufacturer's suggested retail price (msrp); • Green design expertise, corporate membership in the United States Green Building Council (USGBC), and a strong desire to work on eco- friendly projects to improve your environment. EXHIBIT B x 0 5 U yWY K Q �Z6 oWix wa J =O=U 2�0a L) n S 5 V W Y � LL �TiZ�UV=i O WKW� K qO=V 7L, Uw W N O U F z F� z c�20Uw ZIX U � O W a' W Z ZOZ=i �j(8) §s u �z w o 6z to ffii 6`I NON �mOV U .. o ZM 0 =¢Z 0 faODU 0 5 {{{YYYaUUUU,,, N ` ♦ y QFQN]� W m20(�N zw swmw SOH �Co. w w ws m U m u1 m w LL o w Q~Q N = n Z m U y z LL OLU ww � W x.10 5 W a w o m �i 2�/1UN O WKw� ��UUN Y N W o ZU) Uy 0 CD CD W m LL 4 N K W 2 v 2�UN Z U LL zw E W K w Q 0 ~ c�Mw ° �� m m � LL �qSQQ N 3 ZCUN Z 2Q' a.LL O WKW¢ 7s OZ, �8o� U N H a U) U) W U) s -. w !aA a Z 0 UN ...Z 0 LL p-ww x-900(1 w s �ZOVU=i �WKW6 4 �aoow S U W Y N LL 5 (t WY LL ul yyyy+ < ♦ H e<G�N OWKWQ j¢r 0, W,U f a0 U. OtiKW n tioz ,00 FW-U Q� � M od 9W Z2 8 �0 N F nF y ,Z.v U Z� K OW¢W EaUUU O o V-� x$03 owzw �oz po �QQ � O i H2 D aN + S z Co U 0 ZX LUX J -,00 1' i 32�Uy b� wz 9 il o M8uu� co U) W + c .- W SImU( Z uj SZU a flOOnW. O MMUL) U p�fQQ JYJ Z Z ZM OWQ WQ J 0-3 K 2 ou r z lo��% O- LO LO r�-, (Y) <Y) N �4 ty9- �1 O�1 x x CD co CY) 'IT W) z rA �.7 w w W4 a LO al x x O 00 (Y) d- z N N LO llq- X O C`') Leather Frames Corner Styles STRAIGHT CUT BRAIDS TAGS BRAIDS STITCHES HALFMOON DEMICIRCLE SEWING CROSS STITCHES STRAP Special Finishes Belts & Buckles (BB) Fake Braids (FB) Cinto (C) Hand Stitches (HS) Square Corner (SC) Fake Cut (FC) Cross Stitches (CS) Mission (MS) Sewing (SW) Tress (T) Column (CL) Domino(DM) Note: Available only in some mouldings (see combination chart) Tooling Designs D21 D27 Texas Star Nautic Rose Linear Tooling Designs D1 Tooling Designs D2 D3 D4 oQ Da °A D° D5 D7 D8 D11 'I 14�f� � - ••' .� ti. •ti'y I J • • l SI Iy r_ "•,_ 1TM � � _ ��'�'ti Icy• � ~I D12 D13 D14 2000's 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 Floaters FL3000 L�= j L3001 i!'iiouldings 3000's 3000 3001 3002 3003 3004 3007 3008 3009 7 3010 PR 3012 3013 3014 3015 3016 3017 3018 r'3 019 3023 4000'S 4000 4001 4002 4003 4004 4 5 4 6 4007 E:3 4 4009 4010 4011 6000's 6000 [776 Oei 6002 600377? 6004 6006 6007 L6008 C::� 6010 6011 COLORADO SKI & SNOWBOARD MUSEUM SKI HISTORY EXHIBIT DIA OCTOBER 1, 2007- MARCH 26, 2008 A CONCOURSE SKY BRIDGE EXHIBIT C -1 EXHIBIT C - 11 i. E. IIASHION= Cc roRM: --mm 'FUNCIION a n iw G• fid two U3 e-% '_' _j cc LLJ 0 Z T- z 0 cn jr Uj a cc bL I f'L 31 O LM 4�J LM 4— m a O O Q) u c Q) Ln 0 m bL I f'L 31 m x m CONCOURSE C12 �� C11 D = new display locations C10 11 10 9 8 7 6 r8display I I _r phoneboard C9 C8 C7 C6 5 4 3 2 BAGGAGE CLAIM New 4'X 8' back lit display 1 C5 H1 H2 C4 C3 C2 C1 4 X 8 display TICKETING n,,qhj h, nK In a cu 8.1 nol In a uapu 4 POTENTIAL "MAIN STREET" DISPLAYS M 00 G? 1080p HD Plasma Panel — Twice as Much Image Information Our 1080p HO plasma models feature about 2 million pixels 11920 horizontal x 1080 vertical) — about twice as many as our conventional HD models. Images are uniformly clear, sharp and super - detailed across the entire screen surface. cornwwww 108op HD PNrrts Panel Superior Moving Image Resolution Plasma display panels use a self - illuminating system to boost resolution in images with fast motion. eewlmerrMOee.,n -ae. �� Panasonic brings out all the beauty inherent in -..'. 1LO� HD, reproducing _ J "-�, ,- - tea crisp, sharp images' r � that move smoothly. .. .. .,a Merwis rr••• 4,096 Equivalent Steps of Gradation Thanks to Panasonic's advanced e,oes..eN.wd r.ro.e.eod maximum 16 -bit digital image processing, our plasma models reproduce crisp, clear motion picture images with the equivalent of 4,096 gradation steps. This industry- leading gradation level enhances wn.er,nn, a„ image depth, and conveys fine detail. Deep, Crisp Blacks with 10000:1 •' Contrast Panasonic's original New Real Black Creation technology helps achieve high contrast of 10,000:1•' in dark image areas to reproduce exceptionally deep, rich blacks. •1 - 5.000:1 for 108 -Inch modal. Cm _ to— CA,wenW W New ReN Bierk Cr9ed°n Reproducing the Entire HDTV Color Range HD sources are based on the HDTV Rainedueeethe lull renee of colon standard rather than the conventional skeelrM In HDTV hresdusi etenderde NTSC standard. In our new 1080p HO 1, models, the panel phosphor characteristics closely match the HDTV- standard color gamut. This lets 09 our plasmas reproduce the entire p9 color range specified in the HDTV standard IITU -R. 877091, sa images ° w es os w ea oe are faithful to the original HD source. r'^ Digital Color Reality for Accurate Color Reproduction In Super Cinema mode, Digital Color Reality boosts precision in the digital control of color and brightness video data. By continuously adjusting the white balance and performing gamma correction as scenes change, this technology accurately creates the kind of faithful ambience that were difficult for previous systems to deliver. Eor Ferodp .pr e— wr• . toedsM.ns arrace ew. ed Less Digital -Video Noise Noise reduction circuitry suppresses the block noise and mosquito noise that are specific to HDTV broadcasts and other digital video signals IMPEG videol. This allows images to be faithfully reproduced in all their original beauty. • Block Noise Reduction The noise reduction circuit detects and eliminates block noise that is generated when compressing motion images with an inadequate bit rate. r Bonk NR OFF stock NR ON • Mosquito Noise Reduction The noise reduction circuit reduces mosquito noise that is generated when compressing motion images, particularly at the edges of characters and in parts where rapid color changes occur. IN * IN Mosquito NR OFF Moegrt° NR ON W N 0 0 z 0 0 N V V N V M 0 �t v �o ti co V 01 V 0 v v EXHIBIT H w Z W y C R C a L y W w H a a o a H v a� m FY141RIT 1 ■ vow VAIL BEAVER CREEK JET CENTER FLAT SCREEN DISPLAY Im 2M cTae v c ol%M C=L -a Zw 410, qm ;5 c ea top V r6 v z st -P Im vaw ^—"p 11, EXHIBIT K FY141RIT I ^.i n24 ti;i F �f 1 rc: r InVision Communications has been providing professional audio and video services to Eagle County since 1998• Founded on IT backed solutions, they continue to deliver reliable solutions to residential and commercial clients. CVLJIdIT RA y_ r 4 QUALIFICATIONS AND EXPERIENCE FORM DISPLAY ADVERTISING CONCESSION AGREEMENT Eagle County Air Terminal Corporation (TO BE USED BY ALL PROPOSERS) GENERAL INFORMATION The proposer hereby certifies that all statements and all answers to questions herein are true and correct. All information requested in this questionnaire MUST be furnished by the proposers and MUST be submitted with the Proposal Form. Statements must be complete, accurate and in the form requested. A. Name and address of proposer exactly as it should appear on the Display Advertising Concession Agreement: Tiga Advertising, Inc. P.O. Box 268 Vail,, CO 81658 B. Address, and telephone number, of proposer, if different from above, for purposes of notice or other communication relating to the proposal and Display Advertising Concession Agreement. (If proposer is other than an individual, provide the name of an individual who can answer for proposer): Contact: Greg Moffet, President 476 -8528 (office) 485 -2784 (cell) Shipping address: 1655 Aspen Ridge Rd. Vail, CO 81657 C. Proposer intends to operate the Display Advertising Concession as a corporation A CORPORATION STATEMENT If a corporation or a corporation -in- formation, answer the following: 1. When incorporated? 1976 2. Where incorporated? Colorado 3. Is the corporation authorized to do business in Colorado? Yes (X) 4. Furnish the following information about the principal officers and any shareholders with 5% or more ownership of the corporation. NAME TITLE ADDRESS Greg Moffet President 1655 Aspen Ridge Rd. Vail, CO 81657 Chris Moffet Vice President Same 5. Name and address of agent for process in the State of Colorado. Registered Agent: Isaacson Rosenbaum P.C. Registered Agent Street ATTN: Stanton D. Rosenbaum, 633 17th Address: St., Ste. 2200, Denver, CO 80202, United States II. STATEMENT OF QUALIFICATIONS AND EXPERIENCE INSTRUCTIONS For each question that requires an attachment, please restate the paragraph number, e.g., Attachment II, C, and the corresponding question. A. Name of proposer: Tiga Advertising, Inc. Address: PO Box 268 Vail, CO 81657 Telephone: 476 -8528 B. Indicate below if you are certified as a Disadvantaged Business Enterprise (DBE) Yes i__) No A Each proposer must detail specific goals and objectives for their Affirmative Action program as follows: 1. Most recent Affirmative Action and non - discrimination plan regarding hiring, subcontracting and purchasing. 2. Work force composition in use or proposed for its ECAT operation. 3. The contracting and subcontracting of capital improvements at the Eagle County Regional Airport. 4. The purchasing of merchandise, materials, supplies and services during the term of the Display Advertising Concession Agreement. 5. Other information regarding Affirmative Action proposer deemed relevant. Attach certification as Attachment ll, B.5. C.Number of years proposer has performed display - advertising services. Display Advertising experience 32 (thirty two) years. D. Describe the nature of your experience in the operation of facilities and state the number of persons you currently employ in such operations. (Attach answer as Attachment, II D.) E. Submit a list of the three (3) largest locations where you have operated display - advertising facilities within the last five consecutive years, giving the dates of operation for each location and the gross revenues for each operation for the last three years. List airport display advertising facilities separately. (Attach answer as Attachment II, E.) F. Give names, address, and telephone numbers for landlords, if any, for all operations listed in Paragraph D above. (Attach answer.) G. Give name, location, and date of all display advertising operating contracts, if any, that have been terminated within the past five years, for any reason, either voluntarily or involuntarily, prior to the expiration of their term; also list any judgments terminating display advertising operating agreements operated by you within the past five years. If none, indicate "none" here NONE. (Attach separate sheet, if necessary, as Attachment II, G.) H. Name and experience of key personnel of proposer (If additional space is needed, attach answer as Attachment II, H.): NAME TITLE EXPERIENCE Greg Moffet President Chris Moffet Vice President ** Tim Moffet Manager * ** Rita Mueller Contract Bookeeper * * ** *Manages all aspects of Tiga Advertising since purchasing the Company in 1994. With the exception of the 2001 -2002 (post 9- 11-01) season Tiga Advertising has grown an average of 20% per year and consistently satisfied its clients with increasing revenues. ** Manages administration and staff functions. Chris is also a management consultant specializing in strategic, human resource challenges for such national and international organizations as Sony, Wells Fargo and Cost Plus World Market, as well as Eagle County and the Town Of Vail locally. ** *Directs transit installation and regional sales, assists in Airport installation. * ** *Has been Tiga's bookkeeper for 23 years I. Do you have a nationwide sales force? Yes () No ( ) III. FINANCIAL INFORMATION A. Financial Statements All proposers must provide financial statements for their organizations for at least the last two (2) fiscal years. Included therein shall be information naming the principals, their addresses and telephone numbers, and local and regional management personnel and their addresses and telephone numbers. ECAT reserves the right to confirm and request clarification of all information provided. Incomplete disclosures may deem a proposal to be non - responsive. (Attach statements as Attachment III, A.) B. Surety Information. Have you ever had a bond or surety canceled or forfeited? Yes No(X) If yes, state name of bonding company, date, amount of bond, and reason for such cancellation for forfeiture. C. Bankruptcy Information. Has the organization, corporation, partnership, or principal owners of the organization ever declared bankruptcy? Yes (_) No ( X) If yes, give details including date, court jurisdiction, amount of liabilities, and amount of assets. (Attach answer, if any, as Attachment III, (C.) D. Confidentiality of Records. Proposer should give specific attention to the identification of any portions of their Proposal, which they deem confidential, or which contains proprietary information or trade secrets, copyrights, patents, or patents pending. Proposer should provide justification of why materials, upon request, should not be disclosed under the Colorado Open Records Act. ECAT may otherwise use or disclose the data submitted by each Proposer. The Proposer's opinion of proprietary information is not necessarily binding on ECAT. (Attach as Attachment III, (D.) The undersigned hereby attests to the truth and accuracy of all statements, answers, and representation made in this questionnaire, including all supplementary statements attached hereto (individual, partner, joint venture, authorized officer of corporation). 1-11, By: Title: By: Title: Attachment II, B Tiga Advertising, Inc. Affirmative Action and Non - Discrimination Plan 1) Tiga Advertising, Inc. is an Equal Opportunity Employer and it's officers and employees do not discriminate or permit discrimination on the basis of race, creed, color, sex, age, national origin, religion, physical or mental handicap, veterans status or sexual orientation in all employment actions. Further, Tiga Advertising, Inc. seeks and retains participation of minorities and females in its contract relations (including multi -year relationships with several qualifying businesses and individual contractors in Eagle County). 2) Tiga Advertising, Inc.'s current work force at ECAT, consisting of employees and contractors, includes males over 50 years old, a female bookkeeping contractor and other contractors that qualify as disadvantaged under either Federal or State of Colorado guidelines. Tiga Advertising, Inc.'s management intends to continue to employing and contracting with qualifying parties. 3) Tiga Advertising, Inc's Affirmative Action Plan for contracting and subcontracting capital improvements at ECAT start with hiring Slifer Designs, an Eagle County based Woman Owned Business Enterprise, as its design partner for the Concept Plan. Tiga will follow Slifer Design's recommendations with regard to materials vendors and installers. 4) During the term of the Display Advertising Concession Agreement at ECAT, Tiga Advertising, Inc's Affirmative Action Plan for purchasing of merchandise, materials, supplies and services will combine use of Slifer Designs, an Eagle County based Woman Owned Business Enterprise, as its design partner with continued use of Tiga's established program of using women and disadvantaged contractors and vendors where practicable, especially if the vendors and contractors are Eagle County businesses Attachment, II D We currently operate the display advertising concession at the Eagle County Airport and The Vail Valley Jet Center as well as the following resort area transit systems: Town of Vail Avon Beaver Creek Transit ECO Transit Roaring Fork Transit Agency Winter Park Resort Breckenridge Ski Area City of Steamboat Springs Summit County (Summit Stage) Town of Breckenridge Keystone Resort In addition we place national advertising in the following transit systems: Park City Jackson Sun Valley Mt. Bachelor North Lake Tahoe South Lake Tahoe Killington Whistler We employ on a direct or contract basis 6 people, all in Eagle County, to sell, install, bill and manage these facilities. Attachment II, E Town of Vail (1979 - present) $586,787 Summit Cty Combined (1988 - present) $229,477 RFTA (1982- present) $209,630 Eagle County Airport (1997 - present) $503,334 Attachment II, F Stan Zemler Town Manager Town of Vail 75 S. Frontage Rd. West Vail, CO 81657 479 -2105 Dan Blankenship RFTA 0051 Service Center Drive Aspen, CO 81611 970 - 920 -1905 Brett Howard Breckenridge Ski Resort Box 1058 Breckenridge, CO 80424 496 -3218 Mary Beth Lewis Town Of Breckenridge Box 168 Brexckenridge, CO 80424 Constance Jones Summit County Chamber of Commerce Box 2010 Frisco, CO 80443 668 -2051 Kate Osborne Keystone Resort Box 38 Keystone, CO 80435 496 -4459 Chris Anderson Eagle County Air Terminal Box 850 Eagle, CO 81631 Attachment III, A Financial Statements We hereby designate the attached Financial Statements as confidential. Tiga Advertising, Inc. is a small closely held family business and we view our financial records as our business. Moreover, these documents bear on potential negotiations with future equity stakeholders and as such are not public information. We have faithfully performed under contract with Eagle County (as well as under many other contracts) for the last 12 years with no questions about Tiga's financial health. We are happy to share more detail and answer any questions in a meeting. We hereby request that ECAT keep these documents separate and destroy them at the end of the bid review process. While we have every confidence in the current administration's ability to keep confidential records confidential, that was not necessarily the case with prior administrations, and we don't know about future administrations.