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Ord 2444 - Amending Ordinance 2057 (TOT)COUNCIL BILL NO. 2736 ORDINANCE NO. 2444 AN ORDINANCE AMENDING ORDINANCE 2057 (THE TRANSIENT OCCUPANCY TAX ORDINANCE); ADOPTING GUIDELINES TO IMPLEMENT SAID ORDINANCE; AND DECLARING AN EMERGENCY WHEREAS, the City enacted Ordinance 2057 (the Transient Occupancy Tax Ordinance) in 1991; and WHEREAS, the City is aware that ORS 320.350 places restrictions on local Government transient lodging taxes enacted on or after July 1, 2003; and WHEREAS, on March 24, 2008, the City Council considered and decided upon certain modifications to its existing Ordinance without enacting a new ordinance or levying a new tax; and WHEREAS, a minor amendment to Ordinance 2057 is necessary to implement these modifications so that they can now be implemented; and WHEREAS, the City Council also finds it necessary and convenient to adopt certain revised guidelines under Ordinance 2057, which shall be known as the Tourism and Economic Development Grant Guidelines, Procedures and Process, and which can in the future be modified by resolution; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 23 of Ordinance 2057 is amended to read as follows: Section 23. Disposition of Tax Funds. All revenue received from the transient occupancy tax shall be accounted for by a separate revenue line item contained in the General Fund. Sixty-six and two- thirds percent (66 2/3%) of all revenues received from the transient occupancy tax shall be used at the Council's discretion. Thirty-three and one-third percent (33 1 /3%) of all revenues received from the transient occupancy tax shall be dedicated to uses that promote and support tourism and economic development activities. Of the monies set aside for tourism and economic development the Council may, at its discretion, expend some or all of those monies on activities conducted by the City or other agencies that advance the Council's tourism and economic development goals. Monies distributed to agencies and organizations other than the City shall be dispersed pursuant to a tourism and economic development grant program. Policies and procedures governing that program shall be established by City Council resolution. Page i Council Bill 2736 Ordinance No. 2444 Section 2. To assist in the implementation of this Ordinance, the City Council adopts the Tourism and Economic Development Grant Guidelines, Procedures and Process, which are incorporated herein as Attachment A. Section 3. This ordinance being necessary for the immediate preservation of the public peace, health and safety, because it is necessary for the City to execute a Funding Agreement with the Woodburn Chamber of Commerce, an emergency is declared to exist and this Ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary nnant City Recorder City of Woodburn, Oregon Page 2 - Council Bill 2736 Ordinance No. 2444 �'�I MKS- MIN.� A! F ' 00: August 11, 2008 Auaust 11. 2008 August 11, 2008 Attachment A CITY OF WOODBURN TOURISM AND ECONOMIC DEVELOPMENT GRANT GUIDELINES, PROCEDURES AND PROCESS INTRODUCTION: Ordinance 2057 provides that the Woodburn City Council shall distribute one- third (33.33%) of anticipated Transient Occupancy Tax (TOT) monies for tourism and economic development purposes. Those monies may be retained by the City for those purposes, or may be distributed, in whole or in part by grants awarded to agencies who promote tourism or conduct economic development as a fundamental part of their mission; who will forward the City Council's purposes in creating and distributing this funding; and who can demonstrate the ability to deliver projects that benefit the Woodburn economy. To be considered for funding, projects must have a definable impact on the travel and tourism industry, or on diversifying and strengthening the local economy. The minimum amount for a single project shall be $5,000. Tourism and Economic Development funds should represent no more than 75 percent of a project's total cost. The Council may however, modify the match requirement based on individual grant proposals. Funding may be provided, in advance or in arrears, up to a not -to -exceed amount specified by contract. In the event total revenue from the portion of TOT dedicated to tourism and economic development activities is not sufficient to reimburse the full cost of awarded grants, funds shall be shall be distributed in lesser amounts, in proportion to actual revenues received. GRANT PURPOSES: • Promote existing tourist attractions and events • Create a greater diversity of cultural events and activities that will attract tourists to the City Of Woodburn • Encourage the implementation of cooperative tourism development projects and activities • Promote diversification of the City's economic base • Promote projects and activities having the capacity to enhance long-term Economic growth • Promote and assist existing small businesses • Provide technical and financial assistance for the expansion of existing businesses • Provide technical and financial assistance for the development of new Businesses ELIGIBLE APPLICANTS: a. Non-profit organizations and governmental agencies may apply. b. Non-profit organizations must include tourism and or economic development or marketing among their major activities. c. Applicants must have a Federal ID number, registered with the internal revenue service, to qualify for funding. The number must coincide with the applicant's organization name. d. Applicants must be located within the city limits of the City Of Woodburn. e. Applicants must demonstrate a fiscal accountability system that insures the money will be spent in the manner indicated by the grant application. ELIGIBLE PROJECTS: Examples of projects that will be considered for funding include but are not limited to: • marketing efforts to attract tourism • development of tourism opportunities and attractions • projects and activities having the capacity to enhance long-term economic growth A matching formula of 1-3 is generally required (Applicant match equal to at least 25 percent of proposed project cost). The Council may, at its discretion, waive or modify the matching formula based on distinctive grant submissions received. Priority will be given to projects that reflect new and innovative ideas. Priority will also be given to tourism related projects that encourage prolonged stays, and to economic development -related projects that create employment opportunities with a minimum annual wage of $35,000. COMPETITIVE PROCESS: The City Council may at its discretion require that some, or all monies dedicated for tourism and economic development be distributed through a competitive grant process. The Council may also, at its discretion, elect to suspend competition for some or all of the tourism and economic development funds for one or more recipients for a single or for multiple years. If the City Council elects to suspend the competitive process, the Council shall select recipients on the basis of the compelling nature of the proposal, and on past performance. All recipients shall forward the Council's purposes for these monies, meet eligibility requirements, conduct only eligible grant activities, and submit an application for funding, regardless of whether competitive or non-competitive selection is used APPLICATIONS • Completed applications must be submitted on forms provided by the City Of Woodburn. Forms may be photocopied. • Four (4} copies of the completed application package must be submitted. • Applicants may be asked to provide additional information to the City. Applicants must be willing to negotiate the grant agreement so as to ensure the best use of these funds. ■ City staff will review and evaluate applications for eligibility of proposing organizations and activities. APPLICATION INSTRUCTIONS: Please see the descriptions below of the information that must be submitted to constitute a competed application. Applicant Information A. Submitting institution - only one organization. Any other institutions involved in the project must be listed under collaborating or participating individuals or organizations. Applicant must provide a brief history of their organization including years of operation, office location, list of officers, mission statement and objectives, and past experience delivering projects similar to that being proposed. B. Type of Institution -refers to the legal status of the institution, i.e. local government agency, or non-profit organization. C. Authorized representative -the person within the submitting organization who is legally responsible for receiving grant funds. D. Include name, title, mailing address, phone, and fax. E. Project Director. The name, address, phone, fax and a -mail of the person designated to receive routine correspondence regarding the contents and status of the project. 2. Proposed Time Frame of Project - Provide a project timeline, including key milestones to mark progress. Projects must be completed within one year of the execution of a grant contract. 3. Project Objective - Explain what is intended to be achieved, and its significance, by carrying out the proposed project. This should describe the goals of the project, and not project activities. 4. Project Description - Provide concrete details of the project background, methodology, and anticipated results. Include in that discussion the need for WTEDG assistance. 5. Project Budget - Please prepare a detailed project budget. Indicate the total cost of the project, and the portion of the budget for which WTEDG funds are requested. Provide an estimate of all project revenue, broken down by earned income, grants and contributions, and in-kind services. Expenses must be segregated into the following cost categories: personnel, materials and services, and capital items, and broken down byline item (i.e., advertising, printing, etc.) Provide the total cost for each specific line item and specify the amount of support for each requested from WTEDG. Please provide documentation of all matching funds and in-kind contributions when required. 6. Collaborating or Participating Organizations or Individuals - Specify all individual or organizational partners involved in the planning or execution of the proposed project and summarize their involvement. REVIEW PROCESS: For competitive grants the following process shall be used: A project review team will review qualified applications, as determined by City staff. The project review team may seek input from project sponsors or applicants during the application evaluation process. The project review team will make recommendations to the City Council. The City Council will determine grant approvals, subject to execution of contracts with the successful applicants. EVALUATION CRITERIA: All proposed projects, regardless of whether competitive or non-competitive selection is used, will be evaluated on the following criteria: • Organization and experience • Technical approach • Timing of project delivery • Partnerships with business and other organizations • Budget. There must be an adequate level of financial support (public and private) already committed to the project. The Council may waive or modify this requirement. • The project's potential for long-term positive impacts on the local economy • The project's potential for long-term sustainability • The project's readiness to proceed CONTRACT REQUIREMENTS: Applicants approved for a grant will be sent a notice of grant award, and a copy of the City's standard contact language. Grantees will have 30 days to submit all required documentation. This will include: An executed contract, including a Grant Summary form. The grant summary will include a scope and description of the project, goals, objectives, and anticipated results, project timelines and milestones, project director and if, applicable, staff, and a detailed project budget. Proof of Insurance. Proof of insurance, as required pursuant to City standards must be submitted. Corporate Certified Resolution. This is a document accepting grant funds and accompanying requirements and restrictions, and certifying who is empowered to execute, deliver, and sigh on behalf of the project. Non -Profit Status. Grant awardees must provide proof of non-profit status. Verification of Matching Funds. Grantees certify, or show proof that matching funds are/will be available when required. Statement of Assurances. A statement of assurance, executed by the authorized representative, indicating that the grantee agrees to abide by all applicable City Of Woodburn policies, procedures, and requirements. REPORTING REQUIREMENTS: Status Reports. The grantee will submit progress reports on a semi-annual basis. Status reports will include a discussion of progress toward meeting goals, objectives, and milestones, and will provide quantitative documentation of the effectiveness of the project to that point in time. Status reports will also provide detail regarding project revenues and expenditures. The final report shall include information for the entire grant period. Financial Reports: Financial reports shall be provided semi-annually, in conjunction with the status reports. All project expenditures must be outlined in the financial report. The grantee is required to submit documentation of all expenditures, such as invoices or cancelled checks. If the Council authorizes a grant agreement that provides payment in arrears of expenses, Cost reimbursements will be based upon financial report documentation, and will not be released until expenditures have been approved by City Staff. Audit: If grantee is subject to a federal or state single audit, it must have an audit of its accounts performed annually and a copy submitted to the City of Woodburn. If the grantee is not subject to a single audit, then at the City's sole discretion, grantee shall be subject to a project -specific audit of its accounts within ninety days of the completion of the Project, or unless otherwise required. An independent accounting firm, at the sole expense of the grantee, shall conduct such an audit. The cost of such an audit will be considered as a cash match, for the purposes of meeting match requirements. DISTRIBUTION OF FUNDS The Council may, at its discretion authorize grant payments in advance, or in arrears. All monies shall be distributed in two semi-annual payments. Payments in advance shall be provided as follows: a. upon execution of a grant agreement and submission by the recipient of all required supporting documentation, and a written request for payment, the first one half (112) of the funds allocated to the recipient shall be forwarded, within ten business days, to the recipient. b. Upon submission of the first semi-annual progress and financial reports, and upon approval of that documentation by City staff for completeness and program eligibility, and upon a determination by City staff that sufficient Transient Occupancy Tax monies are projected to exist to fully fund recipient's second one-half payment, and written request for payment by recipient, the second half of the funds allocated to the recipient shall be forwarded within ten business days. c. In the event City staff determines that Transient Occupancy Tax funds will be insufficient to support the full amount of the second half payment, funds shall be distributed in a lesser amount, in proportion to actual revenues received.