Loading...
HomeMy WebLinkAbout5823 (2)RESOLUTION NO.5823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE LODGING TAX GRANT DISBURSEMENTS RECOMMENDED BY THE AUBURN LODGING TAX ADVISORY COMMITTEE AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND FLIGHT CLUB FOUNDATION, THE CITY OF AUBURN AND EMERALD DOWNS RACING LLC, AND THE CITY OF AUBURN PARKS AND RECREATION DEPARTMENT FOR THE PURPOSE OF TOURISM, MARKETING, AND HOTEL ROOMS FOR TOURISM EVENTS. WHEREAS, pursuant to RCW 67.28, on June 4, 2001 the Auburn City Council adopted Ordinance 5554 which established Chapter 2.76 of the Auburn City Code and the Lodging Tax Advisory Committee (LTAC); and WHEREAS, the purpose of the LTAC was to consider the creation and imposition of lodging tax and to provide recommendations to City Council on how lodging taxes that are collected will be spent; and WHEREAS, pursuant to RCW 67.28 and RCW 82.02, on August 6, 2001 the Auburn City Council adopted Ordinance 5561 which established Chapter 3.58 of the Auburn City Code and the authority to levy a special excise tax of one percent on the sale of or charge made for the furnishing of lodging in Auburn; and WHEREAS, lodging taxes collected under Chapter 3.58 of the Auburn City Code are placed in a special fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition or tourism -related facilities, or operation of tourism -related facilities or to pay for any other uses authorized in RCW 67.28; and Resolution No. 5823 April 4, 2025 Page 1 of 3 WHEREAS, the City of Auburn seeks to enter into a contract with the Flight Club Foundation for the purposes marketing and advertising the World Parrot Expo (attached); and WHEREAS, the City of Auburn seeks to enter into a contract with the Emerald Downs Racing LLC for the purposes purchasing hotel rooms for the Indian Relay Race event (attached); and WHEREAS, the City of Auburn seeks to fund the marketing and advertising for the Veterans Parade and Petpalooza events (attached) to be facilitated by an internal funding transfer; and WHEREAS, the scope of services set forth in the Attachments was presented to the LTAC through a Loging Tax Grant Fund Application for Fiscal Year 2025 during a publicly noticed meeting that occurred on Wednesday, March 19th, 2025; and WHEREAS, the LTAC cast a unanimous vote in support of the City entering into a contracts to fund advertising, marketing and hotel stays; and WHEREAS, the contracts are fully funded through lodging taxes that are collected and held in the special fund established in Chapter 3.58 of the Auburn City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an Agreement between the City and Flight Club Foundation, which agreement will be in substantial conformity with the agreement attached hereto. Resolution No. 5823 April 4, 2025 Page 2 of 3 Section 2. The Mayor is authorized to execute an Agreement between the City and Emerald Down Racing LLC, which agreement will be in substantial conformity with the agreement attached hereto. Section 3. The Mayor is authorized to implement those administrative procedures necessary to fund the marketing and advertising for the Veterans Parade and Petpalooza events, in conformity with the grant applications attached hereton. Section 4. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this Resolution. Section 5. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: April 21, 2025 ATTEST: Shawn Campbell, MMC, City Clerk Resolution No. 5823 April 4, 2025 Page 3 of 3 1 PROFESSIONAL SERVICES AGREEMENT FOR 2025 VISITOR AND TOURISM FOR Flight Club Foundation This Professional Services Agreement ("Agreement") made and entered into this __day of April, 2025, by and between the City of Auburn, a Washington municipal corporation ("City"), and Flight Club Foundation ("Contractor"). The City and the Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this agreement. Flight Club Foundation City of Auburn 31425 52nd Ave S 25 W Main Street Auburn, WA 98001 Auburn, WA 98001 (253) 951-4452 (253) 931-3000 The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2025. ("Term"). 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining any applicable City of Auburn business license. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantially or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party 90 days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 28th 2 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, a digital version (pdf) including a description of what Services have been performed, the name of the personnel performing such Services, any hourly labor charge rate for such personnel, and the purchase order number (PO#). The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 3 Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 6.1. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 6.2. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and coverage described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. b. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 4 c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the Contractor's profession. 6.3. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 6.4 Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 6.6 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.7 Notice of Cancellation. The Contractor shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. 6.8 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 6.9 City Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 5 limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. 6.10 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 8. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 9. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 6 agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 11. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 12. GENERAL PROVISIONS. 12.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 7 the Parties. 12.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 12.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. 12.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 8 and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 12.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 9 IN WITNESS, the Parties hereto have caused this agreement to be executed the day and year first above written. CITY OF AUBURN FLIGHT CLUB FOUNDATION ________________________ _____________________________ Nancy Backus, Mayor Debra Goodrich ________________________ _____________________________ Date Date ATTEST: ________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: _______________________________ Jason Whalen, City Attorney Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 4/22/20254/27/2025 EXHIBIT A SERVICES The Service Provider shall implement a marketing promotion program in 2025 for the City of Auburn which shall include: The $10,000.00 is earmarked as follows: Auburn Lodging Tax funds will support the Flight Club Foundation to promote the World Parrot Expo occurring on September 27th and 28th. Funding is for marketing promotions, advertising, and support administration and operations of the World Parrot Expo. See proposal for additional details. Not more than 10% of any lodging tax grant will be reimbursed for items bought by the contractor and subsequently kept by organization members, planners, organizers, promoters, or others. These items could include all types of clothing, hats, and/or other objects. The City shall have the right to review and make suggestions to advertisements, banners, questionnaires and other materials and services provided in connection with this Contract. The Service Provider shall provide the City with copies of all materials developed pursuant to this Contract. The copies of these materials shall meet the requirement of City ownership of work product as referenced in Section 7 of this contract. All material will be printed no later than December 26, 2025. The Service Provider shall provide a written summary report of the work completed in 2025 as well as any and all other reports, documents and receipts requested by the City no later than December 31, 2025. ACKNOWLEDGEMENT OF LODGING TAX FUNDING: All advertising must include an acknowledgement that “The advertising is made possible, in part, by a City of Auburn.” Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A EXHIBIT B Compensation The City shall pay to the Service Provider, as compensation for the services described above, a total amount of not to exceed Ten Thousand Dollars ($10,000) payable upon receipt of reimbursable receipts. Compensation will be completed through reimbursement for approved services, and final payment may be held by the City until all reports are received. Requests for reimbursement may be made on a monthly basis, but must be received by the City no later than December 26, 2025. Only those services rendered within the term of the contract and received by December 26, 2025 are reimbursable. Docusign Envelope ID: 28D410FF-BFE0-467C-AB63-D70A9173AF4A 1 PROFESSIONAL SERVICES AGREEMENT FOR 2025 VISITOR AND TOURISM FOR Emerald Downs Racing LLC This Professional Services Agreement ("Agreement") made and entered into this 1st day of May, 2025, by and between the City of Auburn, a Washington municipal corporation ("City"), and Emerald Down Racing LLC ("Contractor"). The City and the Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this agreement. Emerald Down Racing LLC City of Auburn PO Box 617 25 W Main Street Auburn, WA 98071 Auburn, WA 98001 (253)288-7004 (253) 931-3000 The Parties agree as follows: 1.TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2025. ("Term"). 2.SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining any applicable City of Auburn business license. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantially or the ease of its discovery. 3.TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party 90 days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. Docusign Envelope ID: 7A9CECA4-09E9-47EC-B3BE-51DDB8C8E567 2 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, a digital version (pdf) including a description of what Services have been performed, the name of the personnel performing such Services, any hourly labor charge rate for such personnel, and the purchase order number (PO#). The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the 3 Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 6.1. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise any remedy available at law or in equity. 6.2. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and coverage described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. b. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 4 c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the Contractor's profession. 6.3. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 6.4 Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 6.6 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.7 Notice of Cancellation. The Contractor shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. 6.8 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 6.9 City Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available 5 limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. 6.10 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 8. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 9. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and 6 agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 11. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 12. GENERAL PROVISIONS. 12.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of 7 the Parties. 12.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 12.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. 12.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state 8 and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 12.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 9 IN WITNESS, the Parties hereto have caused this agreement to be executed the day and year first above written. CITY OF AUBURN EMERALD DOWNS RACING LLC ________________________ _____________________________ Nancy Backus, Mayor Philip Ziegler ________________________ _____________________________ Date Date ATTEST: ________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: _______________________________ Jason Whalen, City Attorney EXHIBIT A SERVICES The Service Provider shall implement a marketing promotion program in 2025 for the City of Auburn which shall include: The $8,000.00 is earmarked as follows: Auburn Lodging Tax funds will support the Emerald Down Racing LLC to promote the Indian Relay Races occurring on June 13 -15th, 2025. Funding is for hotel rooms which will be occupied by judges and staff traveling from Montana to support administration and operations of the Indian Relay Races. See proposal for additional details. Not more than 10% of any lodging tax grant will be reimbursed for items bought by the contractor and subsequently kept by organization members, planners, organizers, promoters, or others. These items could include all types of clothing, hats, and/or other objects. The City shall have the right to review and make suggestions to advertisements, banners, questionnaires and other materials and services provided in connection with this Contract. The Service Provider shall provide the City with copies of all materials developed pursuant to this Contract. The copies of these materials shall meet the requirement of City ownership of work product as referenced in Section 7 of this contract. All material will be printed no later than December 26, 2025. The Service Provider shall provide a written summary report of the work completed in 2025 as well as any and all other reports, documents and receipts requested by the City no later than December 31, 2025. ACKNOWLEDGEMENT OF LODGING TAX FUNDING: All advertising must include an acknowledgement that The advertising is made possible, in part, by a City of Auburn EXHIBIT B Compensation The City shall pay to the Service Provider, as compensation for the services described above, a total amount of not to exceed Eight Thousand Dollars ($8,000) payable upon receipt of reimbursable receipts. Compensation will be completed through reimbursement for approved services, and final payment may be held by the City until all reports are received. Requests for reimbursement may be made on a monthly basis, but must be received by the City no later than December 26, 2025. Only those services rendered within the term of the contract and received by December 26, 2025 are reimbursable. 1 2025 LTAC Grant Application 2025 Lodging Tax Grant Fund Application See application due dates in Section 3 for 2025 submittal deadlines Complete application materials may be submitted: By email to jfrancis@auburnwa.gov -OR- By mail to: City of Auburn, Attn: Jenn Francis, 25 West Main Street, Auburn, WA 98001 Lodging Tax Advisory Committee Mayor Nancy Backus, Chair Represent Business Authorized to Collect Represent Business Authorized to Receive Andy Cho, Garner Hotel Auburn Susan Roberts, Gosanko Chocolate Aman Ghag, Holiday Inn Express, Auburn Bob Fraser, Emerald Downs Vacant Elizabeth Butchko, Outlet Collection City Staff Support Jenn Francis, Economic Development Manager jfrancis@auburnwa.gov (253) 215-8774 2 2025 LTAC Grant Application TABLE OF CONTENTS 1. Lodging Tax Funding Guidelines…...…………………………………..…….………………………….………….….Page 3 2. Information on Lodging Tax Funds and Who May Apply………………………………………….Page 4 3. Schedule……..……………………………………………….…………………………………………..………….….……………………..Page 5 4. Reporting Requirements ………………………………………………………..…….……..……………..……..………….Page 6 5. Submittal Checklist…………………………………………..……………………………..……………………….………...……Page 7 6. Insurance Requirements if Funded……………….………….………………………………………………..…....Page 8 7. Application……………………………………………………………………………………………………..…………………………….Page 9 3 2025 LTAC Grant Application 1. LODING TAX FUNDING GUIDELINES Background The objective of the City of Auburn Lodging Tax Advisory Committee process is to support projects, which encourage eligible tourism and cultural activities and support tourism facilities in Auburn. The process is reviewed annually and the guidelines are updated in accordance with reported success of existing programs, potential for new programs, and changes in state law. A calendar for the application process will be established but will allow for emerging opportunities as they arise. Objectives for Hotel/Motel Tax Funds: • Generate increased tourism in Auburn resulting in overnight stays at local hotels. • Generate maximum economic benefit through overnight lodging, sale of meals and goods, and construction of tourism-related facilities. • Increase recognition of Auburn throughout the region as a destination for tourism. • Increase opportunities for tourism by developing new visitor activities. Allocation Guidelines: • The City, on an annual basis, shall seek funding proposals from organizations seeking to use Hotel/Motel Tax funds for promoting tourism. • Organizations seeking funding must complete an application form. • The Lodging Tax Advisory Committee shall review the proposals and make recommendations to City Council as to which applications should receive funding. • The final funding decision will be made by the City Council in the form of approval or denial of the recommendations – no amendments to recommendations will be made by the City Council. • Once approved for funding an organization must enter into a contract with the City and funding will be provided on a reimbursable basis. • Organizations receiving funding must submit a report at the end of the calendar year. 4 2025 LTAC Grant Application 2. INFORMATION ON LODGING TAX FUNDS & WHO MAY APPLY WHAT ARE “LODGING TAX FUNDS?” Lodging taxes are paid when people purchase lodging, such as renting a room at a hotel. HOW CAN THOSE FUNDS BE USED? Washington State law (RCW 67.28.1815) requires that funds be expended “…solely for the purpose of paying all or part of the cost of tourism promotion, acquisition of tourism -related facilities, or operation of tourism-related facilities…” Tourism promotion is defined as “…activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists.” WHERE CAN THE FUNDS BE USED? The funds are to be used to draw tourists to stay in Auburn lodging overnight. WHO CAN APPLY FOR FUNDS? Any organization, including private businesses, can use the funds to advertise and promote tourism through the media. The promotion must be designed to attract tourists to Auburn with the goal of increasing the number of overnight stays in the City’s lodging facilities. WHO DECIDES WHICH APPLICATIONS GET FUNDED? All complete application packets are reviewed by the Lodging Tax Advisory Committee (LTAC), which is charged with making recommendations for funding to the Auburn City Council who will make the final funding approval. HOW DO I APPLY? Complete applications are due no later than 5:00pm, Friday, February 28, 2025. Application materials may be sent electronically (preferred) via email to jfrancis@auburnwa.gov or mailed to City Hall (Attention: Jenn Francis), 25 West Main Street, Auburn, WA 98001. 5 2025 LTAC Grant Application 3. SCHEDULE Below are the anticipated important dates for the 2025 grant application process. • Applications will typically be due no later than 5:00pm the Friday • Applications will be included with the regular LTAC agenda packet emailed to the committee and available online at least one week prior to the LTAC meeting. • LTAC will meet to discuss applications and to make funding recommendations at the next regularly scheduled meeting. • Any LTAC recommended funding requests will be scheduled for City Council final decision at the first scheduled meeting approximately two weeks after the LTAC recommendation. 2025 Grant Application Process Timelines 1st Application Cycle 2nd Application Cycle 3rd Application Cycle Applications due no later than: 5:00PM, Friday, March 7, 2025 5:00PM, Friday, June 13, 2025 5:00PM, Friday, October 31, 2025 Public LTAC meeting: 10:00AM, Wednesday, March 19, 2025 10:00AM, Wednesday, July 9, 2025 10:00AM, Wednesday, November 12, 2025 City Council decision: 7:00PM, Monday, April 21, 2025 7:00PM, Monday, July 21, 2025 7:00PM, Monday, December 1, 2025 6 2025 LTAC Grant Application 4. REPORTING REQUIREMENTS Entities who receive lodging tax grant funds must report a significant amount of information to the city. This information includes: • Overall Attendance – the total number of people predicted to attend this activity, the actual number of people who attended this activity, and the method used to determine the attendance. • Attendance, 50+ miles – the number of people who travelled greater than 50 miles predicted to attend this activity, the actual number of people who travelled greater than 50 miles to attend the activity, and the method used to determine the attendance. • Attendance, Out of State, Out of Country – the number of people from outside the state and country predicted to attend this activity, the actual number of people from outside the state and country who attended this activity, and the method used to determine the attendance. • Attendance, Paid for Overnight Lodging - the number of people predicted to attend this activity and pay for overnight lodging, the actual number of people who attended this activity and paid for overnight lodging, and the method used to determine the attendance. • Attendance, Did Not Pay for Overnight Lodging - the number of people predicted to attend this activity without paying for overnight lodging, the actual number of people who attended this activity without paying for overnight lodging, and the method used to determine the attendance. • Paid Lodging Nights – the total projected and estimated actual number of paid lodging nights. One lodging night = one or more persons occupying one room for one night. 7 2025 LTAC Grant Application 5. SUBMITTAL CHECKLIST Place a check mark by each item to indicate your review & inclusion in your submittal packet. 1. Submit complete application packet by 5:00pm, of the associated due date. o Email application to jfrancis@auburnwa.gov or mail to City Hall (Attention: Jenn Francis), 25 West Main Street, Auburn, WA 98001. o Be sure to use application for FY2025 grant awards (template with preset font and margins) o Late applications will not be accepted 2. All questions on application have been answered in a detailed, yet concise manner. 3. Application has been reviewed and includes: a. Signature by a person authorized to bind the agency to a contract b. Attachments that are no larger than 11” x 17” c. For Non-Profits, a copy of 501(c)3 or 501(c)6 tax exemption determination letter N/A d. Marketing plan for the proposed project e. Operating budget for the proposed project f. Your organization’s most recent Balance Sheet g. Your organization’s Articles of Incorporation and/or Bylaws h. Documentation showing your governing body’s authorization to submit the grant request Documentation consists of meeting minutes in which the governing body’s resolution, motion or other official action is recorded. Examples include: “The board approves for (individual’s name) to submit an Auburn lodging tax funding request, or (Individual’s name) has the governing body’s authorization to make funding requests for (name of the agency” or “I am the person organizing this event and am submitting this funding request for (name of event)). i. List of your current Board of Directors or other governing body of your organization The list must include names, phone numbers, addresses, and identify the principal officers of your governing body. j. Signed letter from your governing body Chairperson that provides the name, title, address and telephone number for the person authorized to sign this application. 8 2025 LTAC Grant Application 6. INSURANCE REQUIREMENTS (IF FUNDED) Unless otherwise waived by the Auburn Legal Department in writing, a Certificate of Insurance listing Auburn as additionally insured and including these minimum requirements will be required for all recipients (if funded): 1. Throughout the life of this Agreement the Contractor and its Subcontractors shall, at their own expense, maintain general liability insurance with an insurance carrier licensed to do business in the State of Washington, and with minimum coverage as follows: Bodily Injury Liability and Property Damage Liability Insurance, $1,000,000 each occurrence and $2,000,000 aggregate, with a deductible of not greater than $5,000. 2. Where automobiles are used in conjunction with the performance of this Agreement throughout the life of this Agreement the Contractor and its Subcontractors shall, at their own expense, maintain automobile liability insurance with an insurance carrier licensed to do business in the State of Washington and with minimum coverage as follows: Bodily Injury Liability and Property Damage Liability Insurance, $1,000,000 each occurrence or combined single limit coverage of $1,000,000. 3. General liability insurance and, if applicable, automobile liability insurance coverage shall be provided under a comprehensive general and automobile liability form of insurance, such as is usual to the practice of the insurance industry, including, but not limited to all usual coverage referred to as Personal Injury--including coverage A, B and C. If applicable, automobile liability insurance shall include coverage for owned, non- owned, leased or hired vehicles. 4. Auburn shall be named as an additional insured on all required policies, except automobile insurance, and all such insurance as is carried by the Contractor shall be primary over any insurance carried by Auburn. The Contractor shall provide a certificate of insurance to be approved by Auburn’s Economic Development Manager prior to contract execution. 5. Auburn shall have no obligation to report occurrences unless a claim is filed with the Auburn City Clerk’s office; nor shall Auburn have an obligation to pay premiums. 6. In the event of nonrenewal or cancellation of or material change in the coverage required, thirty (30) days written notice will be furnished to Auburn’s Economic Development Manager prior to the date of cancellation, change or nonrenewal. Such notice to be sent to the City of Auburn - Economic Development Manager, 25 West Main St., Auburn, WA 98001 or jfrancis@auburnwa.gov. 7. It is further provided that no liability shall attach to the City of Auburn by reason of entering into a contract with the City, except as expressly provided within the terms and conditions of that contract. 9 2025 LTAC Grant Application 7. APPLICATION FOR LTAC GRANT FUNDING 1.Project Information a.Project Project Name: Amount of Lodging Tax Funding Requested: $ (Amount Requested must match Project Budget column a “Lodging Tax Funding Requested”) Total Project Cost: $ (Total Project Amount must match Project Budget column c “Total Project Cost”) b.Applicant Organization Name of Applicant Organization: Mailing Address: Tax ID Number: Organization Unified Business Identifier (UBI): UBI Expiration Date: Type of Organization: (Non-profit, For-profit, Municipality, Private business, etc.) c.Contact: Name: Title: Telephone: Email: Signature: _____________________________________ The signatory declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, and will assure that any funds received as a result of this application are used only for the purposes set forth herein, and verifies that all the information contained in this application is valid and true to the best of his/her knowledge. 10 2025 LTAC Grant Application 2. Project Description a. Event Date(s): b. Event Location: c. If there is a charge or fee for this activity, please describe how much and why. d. Please provide a detailed, yet concise scope of work (mandatory) and/or proposed project/activity. Include information on the area the project will serve, its expected impact and list the responsible party(s). 3. Beneficiaries Please list and provide specific information regarding all individuals, businesses, areas, or organizations that will directly benefit from the project/activity. 4. Tourism Benefit a. Estimate how the funds will increase the amount of people traveling to Auburn to stay overnight in paid accommodations. b. Estimate how the funds will increase the amount of people traveling to Auburn from more than 50 miles from their residences. c. Estimate how the funds will increase the amount of people traveling to Auburn from outside their state or country. 11 2025 LTAC Grant Application 5. Goals/Monitoring Describe the goals of the project. Will the project result in an increase in overnight stays by visitors in Auburn? If so, how will this increase be tracked and monitored? How will an increase in the sale of goods and services as a result of the project be measured? What other short or long-term economic benefits will occur and how will that be tracked? Why do you believe those project/activity outcomes are feasible? Note - Applicants will be required to submit a post-funding report providing pertinent data evaluating tourism benefits resulting from the use of lodging tax funds as compared with the estimates contained in this application. 6. Funding Requirements Due to funding constraints, partial funding may be recommended by the LTAC. If partial funding is received, how will that impact the project/activity? Please describe: 7. Use of Funds Provide detail on how the funds will be used. For example, $20,000 of the funds will be used for marketing, $5,000 for administration, $10,000 for Consultants, etc. 12 2025 LTAC Grant Application 8. Project Budget (for non-capital projects). Do not include in-kind contributions. Income: A diversified funding base is important to the success of any project. Please list all other sources of funding for the project, both anticipated and confirmed and when that funding will be available to the project. Include your own funding, sponsorships, other grants, etc. Funding Source: List all revenue sources anticipated for 2025. Do not include requested Lodging Tax Funds Amount Confirmed Yes/No Date Available $ $ $ $ $ Expenses: Based on full funding, please list project costs. Note: Certain expenses may not be reimbursable, at the sole discretion of the City of Auburn. You will only be reimbursed at the authorized rates. Insurance is not an eligible cost. Lodging Tax Funds Requested * Other Funds (Do not include “in- kind” dollars) Total Project Cost ** Personnel (salaries & benefits) $ $ $ Administration (rent, utilities, postage, supplies, janitorial services, etc.) $ $ $ Marketing/Promotion $ $ $ Direct Sales Activities $ $ $ Minor Equipment $ $ $ Travel $ $ $ Contract Services $ $ $ Other Describe below $ $ $ TOTAL COST $ $ $ 13 2025 LTAC Grant Application Description for Direct Sales Activities, Contract Services, Travel and Others In-Kind Contributions *Amount in column a” Lodging Tax Funds Requested” must match “Amount of Lodging Tax Funding Requested” under 1a of application. ** Amount in column c “Total Project Cost” must match “Total Project Cost” under 1a of application. 9.Funding History a.Was this project funded with Auburn lodging tax funds in a prior fiscal year? b.If you answered yes to 9a, provide prior years and how much funding was granted. 10.Indicate what efforts have been made to access funding from additional sources? 11. Coordination and Collaboration Please provide information about any other organizations or agencies involved in this project/activity. Describe their level of involvement. Describe how this project coordinates with other tourism promotion efforts or services in the area, including Chamb ers of Commerce, local festivals, local lodging and restaurants. You may attach up to three letters of support from these organizations. 14 2025 LTAC Grant Application 12.Certification The applicant hereby certifies and confirms: 1.That it does not now nor will it during the performance of any contract resulting from this proposal unlawfully discriminate against any employee, applicant for employment, client, customer, or other person(s) by reason of race, ethnicity, color, religion, age, gender, national origin, or disability; 2.That it will abide by all relevant local, state, and federal laws and regulations; 3.That it has read and understands the information contained in this application for funding and is in compliance with the provisions thereof, and; 4.That the individual signing below has the authority to certify to these provisions for the applicant organization, and declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, and will assure that any funds received as a result of this application are used for the purposes set forth herein. Signature: ___________________________________________________________ ________________ Date Printed Name & Title of Chief Administrator/Authorizing Official 1 2025 LTAC Grant Application 2025 Lodging Tax Grant Fund Application See application due dates in Section 3 for 2025 submittal deadlines Complete application materials may be submitted: By email to jfrancis@auburnwa.gov -OR- By mail to: City of Auburn, Attn: Jenn Francis, 25 West Main Street, Auburn, WA 98001 Lodging Tax Advisory Committee Mayor Nancy Backus, Chair Represent Business Authorized to Collect Represent Business Authorized to Receive Andy Cho, Garner Hotel Auburn Susan Roberts, Gosanko Chocolate Aman Ghag, Holiday Inn Express, Auburn Bob Fraser, Emerald Downs Vacant Elizabeth Butchko, Outlet Collection City Staff Support Jenn Francis, Economic Development Manager jfrancis@auburnwa.gov (253) 215-8774 2 2025 LTAC Grant Application TABLE OF CONTENTS 1. Lodging Tax Funding Guidelines…...…………………………………..…….………………………….………….….Page 3 2. Information on Lodging Tax Funds and Who May Apply………………………………………….Page 4 3. Schedule……..……………………………………………….…………………………………………..………….….……………………..Page 5 4. Reporting Requirements ………………………………………………………..…….……..……………..……..………….Page 6 5. Submittal Checklist…………………………………………..……………………………..……………………….………...……Page 7 6. Insurance Requirements if Funded……………….………….………………………………………………..…....Page 8 7. Application……………………………………………………………………………………………………..…………………………….Page 9 3 2025 LTAC Grant Application 1. LODING TAX FUNDING GUIDELINES Background The objective of the City of Auburn Lodging Tax Advisory Committee process is to support projects, which encourage eligible tourism and cultural activities and support tourism facilities in Auburn. The process is reviewed annually and the guidelines are updated in accordance with reported success of existing programs, potential for new programs, and changes in state law. A calendar for the application process will be established but will allow for emerging opportunities as they arise. Objectives for Hotel/Motel Tax Funds: • Generate increased tourism in Auburn resulting in overnight stays at local hotels. • Generate maximum economic benefit through overnight lodging, sale of meals and goods, and construction of tourism-related facilities. • Increase recognition of Auburn throughout the region as a destination for tourism. • Increase opportunities for tourism by developing new visitor activities. Allocation Guidelines: • The City, on an annual basis, shall seek funding proposals from organizations seeking to use Hotel/Motel Tax funds for promoting tourism. • Organizations seeking funding must complete an application form. • The Lodging Tax Advisory Committee shall review the proposals and make recommendations to City Council as to which applications should receive funding. • The final funding decision will be made by the City Council in the form of approval or denial of the recommendations – no amendments to recommendations will be made by the City Council. • Once approved for funding an organization must enter into a contract with the City and funding will be provided on a reimbursable basis. • Organizations receiving funding must submit a report at the end of the calendar year. 4 2025 LTAC Grant Application 2. INFORMATION ON LODGING TAX FUNDS & WHO MAY APPLY WHAT ARE “LODGING TAX FUNDS?” Lodging taxes are paid when people purchase lodging, such as renting a room at a hotel. HOW CAN THOSE FUNDS BE USED? Washington State law (RCW 67.28.1815) requires that funds be expended “…solely for the purpose of paying all or part of the cost of tourism promotion, acquisition of tourism -related facilities, or operation of tourism-related facilities…” Tourism promotion is defined as “…activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists.” WHERE CAN THE FUNDS BE USED? The funds are to be used to draw tourists to stay in Auburn lodging overnight. WHO CAN APPLY FOR FUNDS? Any organization, including private businesses, can use the funds to advertise and promote tourism through the media. The promotion must be designed to attract tourists to Auburn with the goal of increasing the number of overnight stays in the City’s lodging facilities. WHO DECIDES WHICH APPLICATIONS GET FUNDED? All complete application packets are reviewed by the Lodging Tax Advisory Committee (LTAC), which is charged with making recommendations for funding to the Auburn City Council who will make the final funding approval. HOW DO I APPLY? Complete applications are due no later than 5:00pm, Friday, February 28, 2025. Application materials may be sent electronically (preferred) via email to jfrancis@auburnwa.gov or mailed to City Hall (Attention: Jenn Francis), 25 West Main Street, Auburn, WA 98001. 5 2025 LTAC Grant Application 3. SCHEDULE Below are the anticipated important dates for the 2025 grant application process. • Applications will typically be due no later than 5:00pm the Friday • Applications will be included with the regular LTAC agenda packet emailed to the committee and available online at least one week prior to the LTAC meeting. • LTAC will meet to discuss applications and to make funding recommendations at the next regularly scheduled meeting. • Any LTAC recommended funding requests will be scheduled for City Council final decision at the first scheduled meeting approximately two weeks after the LTAC recommendation. 2025 Grant Application Process Timelines 1st Application Cycle 2nd Application Cycle 3rd Application Cycle Applications due no later than: 5:00PM, Friday, March 7, 2025 5:00PM, Friday, June 13, 2025 5:00PM, Friday, October 31, 2025 Public LTAC meeting: 10:00AM, Wednesday, March 19, 2025 10:00AM, Wednesday, July 9, 2025 10:00AM, Wednesday, November 12, 2025 City Council decision: 7:00PM, Monday, April 21, 2025 7:00PM, Monday, July 21, 2025 7:00PM, Monday, December 1, 2025 6 2025 LTAC Grant Application 4. REPORTING REQUIREMENTS Entities who receive lodging tax grant funds must report a significant amount of information to the city. This information includes: • Overall Attendance – the total number of people predicted to attend this activity, the actual number of people who attended this activity, and the method used to determine the attendance. • Attendance, 50+ miles – the number of people who travelled greater than 50 miles predicted to attend this activity, the actual number of people who travelled greater than 50 miles to attend the activity, and the method used to determine the attendance. • Attendance, Out of State, Out of Country – the number of people from outside the state and country predicted to attend this activity, the actual number of people from outside the state and country who attended this activity, and the method used to determine the attendance. • Attendance, Paid for Overnight Lodging - the number of people predicted to attend this activity and pay for overnight lodging, the actual number of people who attended this activity and paid for overnight lodging, and the method used to determine the attendance. • Attendance, Did Not Pay for Overnight Lodging - the number of people predicted to attend this activity without paying for overnight lodging, the actual number of people who attended this activity without paying for overnight lodging, and the method used to determine the attendance. • Paid Lodging Nights – the total projected and estimated actual number of paid lodging nights. One lodging night = one or more persons occupying one room for one night. 7 2025 LTAC Grant Application 5. SUBMITTAL CHECKLIST Place a check mark by each item to indicate your review & inclusion in your submittal packet. 1. Submit complete application packet by 5:00pm, of the associated due date. o Email application to jfrancis@auburnwa.gov or mail to City Hall (Attention: Jenn Francis), 25 West Main Street, Auburn, WA 98001. o Be sure to use application for FY2025 grant awards (template with preset font and margins) o Late applications will not be accepted 2. All questions on application have been answered in a detailed, yet concise manner. 3. Application has been reviewed and includes: a. Signature by a person authorized to bind the agency to a contract b. Attachments that are no larger than 11” x 17” c. For Non-Profits, a copy of 501(c)3 or 501(c)6 tax exemption determination letter N/A d. Marketing plan for the proposed project e. Operating budget for the proposed project f. Your organization’s most recent Balance Sheet g. Your organization’s Articles of Incorporation and/or Bylaws h. Documentation showing your governing body’s authorization to submit the grant request Documentation consists of meeting minutes in which the governing body’s resolution, motion or other official action is recorded. Examples include: “The board approves for (individual’s name) to submit an Auburn lodging tax funding request, or (Individual’s name) has the governing body’s authorization to make funding requests for (name of the agency” or “I am the person organizing this event and am submitting this funding request for (name of event)). i. List of your current Board of Directors or other governing body of your organization The list must include names, phone numbers, addresses, and identify the principal officers of your governing body. j. Signed letter from your governing body Chairperson that provides the name, title, address and telephone number for the person authorized to sign this application. 8 2025 LTAC Grant Application 6. INSURANCE REQUIREMENTS (IF FUNDED) Unless otherwise waived by the Auburn Legal Department in writing, a Certificate of Insurance listing Auburn as additionally insured and including these minimum requirements will be required for all recipients (if funded): 1. Throughout the life of this Agreement the Contractor and its Subcontractors shall, at their own expense, maintain general liability insurance with an insurance carrier licensed to do business in the State of Washington, and with minimum coverage as follows: Bodily Injury Liability and Property Damage Liability Insurance, $1,000,000 each occurrence and $2,000,000 aggregate, with a deductible of not greater than $5,000. 2. Where automobiles are used in conjunction with the performance of this Agreement throughout the life of this Agreement the Contractor and its Subcontractors shall, at their own expense, maintain automobile liability insurance with an insurance carrier licensed to do business in the State of Washington and with minimum coverage as follows: Bodily Injury Liability and Property Damage Liability Insurance, $1,000,000 each occurrence or combined single limit coverage of $1,000,000. 3. General liability insurance and, if applicable, automobile liability insurance coverage shall be provided under a comprehensive general and automobile liability form of insurance, such as is usual to the practice of the insurance industry, including, but not limited to all usual coverage referred to as Personal Injury--including coverage A, B and C. If applicable, automobile liability insurance shall include coverage for owned, non- owned, leased or hired vehicles. 4. Auburn shall be named as an additional insured on all required policies, except automobile insurance, and all such insurance as is carried by the Contractor shall be primary over any insurance carried by Auburn. The Contractor shall provide a certificate of insurance to be approved by Auburn’s Economic Development Manager prior to contract execution. 5. Auburn shall have no obligation to report occurrences unless a claim is filed with the Auburn City Clerk’s office; nor shall Auburn have an obligation to pay premiums. 6. In the event of nonrenewal or cancellation of or material change in the coverage required, thirty (30) days written notice will be furnished to Auburn’s Economic Development Manager prior to the date of cancellation, change or nonrenewal. Such notice to be sent to the City of Auburn - Economic Development Manager, 25 West Main St., Auburn, WA 98001 or jfrancis@auburnwa.gov. 7. It is further provided that no liability shall attach to the City of Auburn by reason of entering into a contract with the City, except as expressly provided within the terms and conditions of that contract. 9 2025 LTAC Grant Application 7. APPLICATION FOR LTAC GRANT FUNDING 1.Project Information a.Project Project Name: Amount of Lodging Tax Funding Requested: $ (Amount Requested must match Project Budget column a “Lodging Tax Funding Requested”) Total Project Cost: $ (Total Project Amount must match Project Budget column c “Total Project Cost”) b.Applicant Organization Name of Applicant Organization: Mailing Address: Tax ID Number: Organization Unified Business Identifier (UBI): UBI Expiration Date: Type of Organization: (Non-profit, For-profit, Municipality, Private business, etc.) c.Contact: Name: Title: Telephone: Email: Signature: _____________________________________ The signatory declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, and will assure that any funds received as a result of this application are used only for the purposes set forth herein, and verifies that all the information contained in this application is valid and true to the best of his/her knowledge. 10 2025 LTAC Grant Application 2. Project Description a. Event Date(s): b. Event Location: c. If there is a charge or fee for this activity, please describe how much and why. d. Please provide a detailed, yet concise scope of work (mandatory) and/or proposed project/activity. Include information on the area the project will serve, its expected impact and list the responsible party(s). 3. Beneficiaries Please list and provide specific information regarding all individuals, businesses, areas, or organizations that will directly benefit from the project/activity. 4. Tourism Benefit a. Estimate how the funds will increase the amount of people traveling to Auburn to stay overnight in paid accommodations. b. Estimate how the funds will increase the amount of people traveling to Auburn from more than 50 miles from their residences. c. Estimate how the funds will increase the amount of people traveling to Auburn from outside their state or country. 11 2025 LTAC Grant Application 5. Goals/Monitoring Describe the goals of the project. Will the project result in an increase in overnight stays by visitors in Auburn? If so, how will this increase be tracked and monitored? How will an increase in the sale of goods and services as a result of the project be measured? What other short or long-term economic benefits will occur and how will that be tracked? Why do you believe those project/activity outcomes are feasible? Note - Applicants will be required to submit a post-funding report providing pertinent data evaluating tourism benefits resulting from the use of lodging tax funds as compared with the estimates contained in this application. 6. Funding Requirements Due to funding constraints, partial funding may be recommended by the LTAC. If partial funding is received, how will that impact the project/activity? Please describe: 7. Use of Funds Provide detail on how the funds will be used. For example, $20,000 of the funds will be used for marketing, $5,000 for administration, $10,000 for Consultants, etc. 12 2025 LTAC Grant Application 8. Project Budget (for non-capital projects). Do not include in-kind contributions. Income: A diversified funding base is important to the success of any project. Please list all other sources of funding for the project, both anticipated and confirmed and when that funding will be available to the project. Include your own funding, sponsorships, other grants, etc. Funding Source: List all revenue sources anticipated for 2025. Do not include requested Lodging Tax Funds Amount Confirmed Yes/No Date Available $ $ $ $ $ Expenses: Based on full funding, please list project costs. Note: Certain expenses may not be reimbursable, at the sole discretion of the City of Auburn. You will only be reimbursed at the authorized rates. Insurance is not an eligible cost. Lodging Tax Funds Requested * Other Funds (Do not include “in- kind” dollars) Total Project Cost ** Personnel (salaries & benefits) $ $ $ Administration (rent, utilities, postage, supplies, janitorial services, etc.) $ $ $ Marketing/Promotion $ $ $ Direct Sales Activities $ $ $ Minor Equipment $ $ $ Travel $ $ $ Contract Services $ $ $ Other Describe below $ $ $ TOTAL COST $ $ $ 13 2025 LTAC Grant Application Description for Direct Sales Activities, Contract Services, Travel and Others In-Kind Contributions *Amount in column a” Lodging Tax Funds Requested” must match “Amount of Lodging Tax Funding Requested” under 1a of application. ** Amount in column c “Total Project Cost” must match “Total Project Cost” under 1a of application. 9.Funding History a.Was this project funded with Auburn lodging tax funds in a prior fiscal year? b.If you answered yes to 9a, provide prior years and how much funding was granted. 10.Indicate what efforts have been made to access funding from additional sources? 11. Coordination and Collaboration Please provide information about any other organizations or agencies involved in this project/activity. Describe their level of involvement. Describe how this project coordinates with other tourism promotion efforts or services in the area, including Chamb ers of Commerce, local festivals, local lodging and restaurants. You may attach up to three letters of support from these organizations. 14 2025 LTAC Grant Application 12.Certification The applicant hereby certifies and confirms: 1.That it does not now nor will it during the performance of any contract resulting from this proposal unlawfully discriminate against any employee, applicant for employment, client, customer, or other person(s) by reason of race, ethnicity, color, religion, age, gender, national origin, or disability; 2.That it will abide by all relevant local, state, and federal laws and regulations; 3.That it has read and understands the information contained in this application for funding and is in compliance with the provisions thereof, and; 4.That the individual signing below has the authority to certify to these provisions for the applicant organization, and declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, and will assure that any funds received as a result of this application are used for the purposes set forth herein. Signature: ___________________________________________________________ ________________ Date Printed Name & Title of Chief Administrator/Authorizing Official