The URL can be used to link to this page

Home My WebLink AboutAgreements/Contracts - BOCCK22-012 A PARTIES", This contract is entered into between Grant County, duly organized and operated under and by virtue of the Constitution and the laws of the State of Washington, by and through the Grant County Tourism Commission (hereinafter referred to as the "COUNTY"), and Burke Marketing & Promotion (hereinafter referred to as "CONTRACTOR"), aWashington State Sole Proprietorship. 2. PURPOSE. The purpose of this contract is to set forth the terms and conditions under which CONTRACTOR agrees to assist the COUNTY with the development and *Implementation of the Grant County Tourism Commission's tourism promotion plan. 3. TERM. This contract shall be in full force and effect from January 1, 2022, through December 31, 2022, unless otherwise terminated pursuant to the terms and conditions herein. 4. TERMINATION. CONTRACTOR may terminate this contract with thirty (30) days written notice; the COUNTY may terminate this contract with three (3) days notice. If the contract is terminated by the COUNTY for any reason other than for breach of this contract, CONTRACTOR will be entitled to compensation as set forth herein. If the contract is terminated for cause by the COUNTY, or by CONTRACTOR, CONTRACTOR Will be entitled to compensation in an amount reflecting the value added to the COUNTY. Annual Marketing Campaign/Budget Planning and Development (2022 Budget attached). b. Promotional Material Production. C. Campaign Media Buying and Billings. d. Overall Campaign Implementation. e. Monthly Billings and Advertising Verification.. Sales of Cooperative Programs and Events. 9. Meeting Attendance: Grant County Tourism Commission Monthly Meetings, Grant County Tourism Commission Sponsored Community Events, Marketi'ng/Development Contract - Page I civil *N-Iarkefing -)O-)l h, 2022 Grant County Tourism Commission Marketing Regional Publications, Radio and Television (Regional/National) (January — December). Visitor Guides (State Lodging and Visitor's Guide) (January - December). Cooperative Projects (Retail Events/Community Events) (April — November). Campaign Production (Radio, Television, Print) (January and March) Specialty/Malling/Photo Sharing (January - December). Agency Retainer (Contract Retainer paid in 12 monthly installments),, i. Kiosks Update and routine maintenance of kiosk network Trade shows Assistance with participation in trade shows 6. COUNTY'S OBLIGATIONS. The COUNTY agrees to: Review and approve the Annual Marketing Plan submitted by CONTRACTOR. b Proof all promotional materials as outlined in Annual Marketing Campaign. C. Provide CONTRACTOR with campaign/advertising response information as collected. 7. PAYMENT, aR The COUNTY will pay CONTRACTOR an annual retainer of Thirty -Six Thousand and 1o/1 00 Dollars ($36,000.00), which will be divided into twelve (I 2)'I'nstallments, each installment in the amount of Three Thousand 001100 Dollars ($3,000.00) Each installment will be tendered no later than the final day of each calendar month. It b, CONTRACTOR will collect a fifteen percent (15%) media commission from the media, on all paid media placed for the COUNTY. CONTRACTOR shall look first to the media for the subject commission. In the event said media does not provide the fifteen percent (15%) commission (approximately five percent (5%) of the media does not provide a commission), CONTRACTOR will be entitled to the fifteen percent (15%) commission at the COUNTY'S expense, PROVIDED: said funds are available and the contract limit of Markeinn/Develop ment Contract - Page 2 N-larkoing 2022 Three Hundred Thirty -Nine Thousand, Two -Hundred Thirty -One and Noll 00 Dollars ($339,231.00) has not been exceeded for the contract year. In no event shall CONTRACTOR collect the fifteen percent (15%) commission from the COUNTY if the media placing the ad has provided same. C. The COUNTY will be billed monthly for all pre -approved marketing expenses incurred during the preceding month. Payment Is to be made within thirty (30) days of the COUNTY's receipt of CONTRACTOR's billings. d. This contract shall not exceed the sum of Three Hundred Thirty -Nine Thousand, Two -Hundred Thirty -One and No/1 00 Dollars ($339,231.00) for all expend itu resset forth herein, 'including without limitation, CSC NT monthly retainer, CSC NTRACTO R's marketing expenses as provided for in this contract, the fifteen percent (15%) media commission (where appropriate and paid for by the COUNTY) and, the actual costs of placing mark. eting ads in the media as set forth herein. CONTRACTOR shall not bill the COUNTY in excess of Three Hundred Thirty -Nine Thousand, Two -Hundred Thirty -One and 00/100 Dollars ($339,231.00) on an annual basis, pursuant to the terms and conditions of this contract, without the express, written approval by the COUNTY, obtained in advance. 8. PROPRIETARY RIGHTS, CONTRACTOR agrees that all products, work, etc# created by CONTRACTOR pursuant to this contract are the work product of the COUNTY and are proprietary information and are the exclusive property of the COUNTY. Pictures and information provided to CONTRACTOR by the COUNTY for the project set forth herein are also proprietary *Information of the COUNTY and, CONTRACTOR shall have no interest in them. NOTICES. All notices and/or written communications required or permitted to be given or served by any party hereto upon any other, shall be deemed given or served in accordance with the provisions contained herein, by delivering personally, or mailed, postage prepaid and properly addressed, as follows. - If to the COUNTY: Barbara J. Vasquez, Clerk of the Board Grant County Courthouse P 0 Box 37 Ephrata WA 98823-0037 If to CONTRACTOR. Bill Burke, Owner Burke Marketing & Promotions 4720 South Progress Court Veradale WA 99037 10. ENTIRE AGREEMENT. This contract constitutes the entire agreement of the parties, and supersedes all prior agreements, contracts, and understandings, written or oral. This contract may be amended only in writing, signed by the partie3. Markefing/Development Contract - Page 3 ) Civil 8�-lf)epartiiieiiti'i,(.'onimissionersT\2019'I urke- 2 Marketing 0,12 _B L "At Grant County has caused this 'Instrument to be executed by its proper officers on this d a y o f 2022. Approved as to form: - - - --------------------- ------- Kin J. McCrae, WSBA #43087 Civil Deputy Prosecuting Attorney AttA Ba rb wa Vasquez, Cler the Board 4. Amanda Laramore, Chair Grant County Tourism Commission c/o Grant County P.O. Box 37 Ephrata WA 98823-0037 11p, Fil 311ZI r Date: The undersigned represents that he is the owner of Burke Marketing & Promotion, that he has the authority of Burke Marketing & Promotion to sign this contract, and that the undersigned's signature is binding upon Burke Marketing & Promotion. I! S Date'. -- - ---- ------ - Bill Burke, Owner Burke Marketing & Promotions 4720 South Progress Court Veradale WA 99037 Burke Marketing & Promotion Federal Tax ID #911296852 Marketing/Developmen't Contract - Page 5 civii INUACting VYI-I Grant County has caused this instrument to be executed by its proper officers on this day of 12022. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny E. Stone, Chair Rob Jones, Vice Chair Approved as to form: Cindy Carter, Member 'I F 4 / Kevin J. McCrae, WS BA #43087 Prosecuting Attorney Attest: Barbara J. Vasquez, Clerk of the Board Date: Amanda Laramore, Chair Grant County Tourism Commission c/o Grant County P.O. Box 37 Ephrata WA 98823-0037 The undersigned represents that he is the owner of Burke Marketing & Promotion, that he has the authority of Burke Marketing & Promotion to sign this contract, and that the undersigned's signature is binding upon Burke Marketing & Promotion. Date: Bill Burke, Owner Burke Marketing & Promotions 4720 South Progress Court Veradale WA 99037 Burke Marketing & Promotion Federal Tax ID #911296852 Marketing/Development Contract - Page 5 Civil 8\Departments\Commissioners\2019\Burke Marketing 2022