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
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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.
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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
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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.
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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
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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
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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
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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
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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]
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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
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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.”
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
$ $ $
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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