2.05 2.5
AGREEWNTSTake George Chamber&Visitors Bureau—OCCUPANCY TAX FUNDS—7-17-17
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CHAMBER
OF COMMERCE & CONVENTION AND VISITOR'S BUREAU
RESOLUTION NO.: ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 237,2016, the Queensbury Town Board approved and
authorized funding to the Lake George Regional Chamber of Commerce & Convention and Visitor's
Bureau (LGRCCCVB) and the Agreement between the Town and LGRCCCVB for tourism
promotional and marketing campaign and consultation services through June 30th, 2017, in the amount
of$17,500, and
WHEREAS, the Town of Queensbury wishes to again enter into an Agreement with
LGRCVB for provision of such services through June 30th, 2018, and
WHEREAS, such promotion and marketing services will promote the Town of Queensbury
and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general
economy of the Town and all of Warren County, and
WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's
receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism
Promotion and Convention Development Agreement (Agreement) entered into between the Town and
Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide $17,500 in funding to the LGRCCCVB for
general tourism promotional and marketing campaign and consultation services through June 30t'',
2018 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and LGRCCCVB has been presented
at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the
Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB)
and authorizes the Agreement between the Town and LGRCCCVB substantially in the form presented
at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding
not to exceed $17,500 in total through June 30th, 2018 as delineated in the preambles of this
Resolution, to be provided by occupancy tax revenues the Town receives from Warren County, to be
paid for from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes an increase of appropriations in
Occupancy Tax Account No.: 050-6410-4412 by $17,500 and increasing the revenue coded 050-
0000-51113 Occupancy Tax by$17,500, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the 2017 Town Budget, make any adjustments, budget amendments, transfers, prepare any
documentation necessary and/or take any actions needed to provide for such payment, and
BE IT FURTHER,
RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming
that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 17ffi day of July, 2017,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\LG Chamber-LGRCCCVB—Occupancy Tax Funds-7-17-17
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This Agreement is made as of the 17th day of July, 2017 by and between the Town of
Queensbury, a municipal corporation with its principal place of business located at 742 Bay
Road, Queensbury, New York 12804 (hereinafter referred to as "Municipality") and the Lake
George Regional Chamber of Commerce & Convention and Visitor's Bureau
(LGRCCCVB), with a principal place of business located at 2176 State Route 9, P. O. Box 272
Lake George, New York 12845 (hereinafter referred to as "Contractor").
WITNESSETH
WHEREAS, the Municipality has received from Warren County certain funding derived
from revenues received by the County as a result of the imposition of the Occupancy Tax
authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003),
hereinafter "Occupancy Tax Funds," and
WHEREAS, Municipality has agreed to expend the Occupancy Tax Funds for tourism
promotion and tourist and convention development and, more specifically, to enhance the
general economy of the Municipality through the promotion of tourist activities, conventions,
trade shows, special events and other directly related and supported activities for such purposes,
and
WHEREAS, the Contractor is (1) ready, willing and able to provide services and/or
materials consistent with the terms upon which the Municipality must expend the funds and as
more specifically described in the attachment annexed hereto as Schedule A and (2) possesses or
can make available all necessary qualified personnel, licenses, facilities and expertise to carry
out the terms of this Agreement;
NOW, THEREFORE, in consideration of the promises, responsibilities, and covenants
herein, the Municipality and the Contractor agree as follows:
1. Services/Materials
The Contractor shall provide services and /or materials as more specifically
described in the attachment annexed hereto as Schedule "A". [Contractor —Please attach a detailed
description of services/materials to be provided, the costs and the period for performance of services or supply of
materials.]
2. Contract Sum(s)
A. For the Services performed and/or materials furnished under this
agreement (general tourism promotional and marketing campaign and consultation services
through June 30`h, 2018) the Contractor shall be paid the sum of$17,500 payable upon receipt of
a voucher in proper form. The Contractor shall not be entitled to out-of-pocket expenses.
B. Payment of amounts owed by the Municipality by virtue of this contract
shall be as set forth above for all services to be performed and all out-of-pocket expenses
incurred by reason of this Agreement. There shall be no other amounts due and payable by the
Municipality regardless of costs or expenses of the Contractor except for additional services
requested by the Municipality which are beyond the Scope of Services and those services
customarily performed as a part thereof.
3. Payment
A. In order to receive payment under this Contract, the Contractor shall
furnish:
i) a completed and fully executed voucher;
ii) an invoice or other statement identifying and itemizing the services
rendered or materials furnished and charges for the same and if the
contract includes or requires payment for services at an hourly rate,
that rate shall be specified for each person charged for and
employed in the performance of the contract,
iii) such other documents as are required by the standard billing
procedures of Municipality,
iv) a detailed description of how the funds will be used, as well as
statistical information describing how the Town's financial
investment impacted the program's success, including attendance
figures, demographics, etc.,
v) in the event that Contractor uses subcontractors or material
supplier in connection with the services and or materials furnished
under this agreement, the Contractor shall obtain from any
subcontractors or material suppliers the same documentation
required of herein above of Contractor and submit the same to the
Municipality to support Contractor's claim for payment,
vi) the Contractor shall promote the Municipality in whatever media
in which they spend the Town's contribution including, but not
limited to, the Town's logo being incorporated into written
advertising materials, brochures, radio and/or television ads, etc.
B. Payment shall be made in equal monthly installments over the term of the
Agreement thirty (30) days from:
i) the furnishing of all materials and completion of required work for
each such month, or
ii) receipt of all documentation required by this section, whichever
date is later.
4. Term
The initial term of this Agreement shall commence upon execution of this
agreement and terminate when the services have been completed or the material furnished as
provided for in Schedule "A" or June 30, 2018, whichever date is sooner. On June 30, 2018, in
the event that there are any services or materials to be provided under this agreement that the
contractor has not provided, all work and services shall immediately cease unless continuation
after June 30, 2018 is specifically authorized by Resolution of the Governing Board of
Municipality.
This Agreement may be terminated at any time upon mutual written consent of
the Municipality and Contractor.
The Municipality may terminate this Agreement immediately upon written notice
of termination to the Contractor, if the Contractor fails to comply with the terms and conditions
of this Agreement and/or any laws, rules, regulations, policies or procedures affecting this
Agreement.
Written notice of termination, where required, shall be sent by personal
messenger service or by certified mail, return receipt requested. The termination shall be
effective in accordance with the terms of the notice. Upon receipt of the notice of termination,
the Contractor agrees to cancel, prior to the effective date of any prospective termination, as
many outstanding obligations as possible, and agrees not to incur any new obligations at the
receipt of the notice without approval by the Municipality. In no event shall the Municipality be
liable for expenses or obligations arising from programs or other expenditures made pursuant to
the terms of this Agreement after the termination date.
5. Reports to be Filed Concerning Funds and Expenditures
At the end of the contract term or at the end of each calendar year, whichever
occurs first, the Contractor shall file with the Municipality a report which shall include:
i) the number of persons served by the services or materials provided
by Contractor pursuant to this agreement,
ii) an outline of plans for continuing the activity or project, and
iii) any and all other reasonable information that the Municipality may
deem necessary by further resolution adopted by the Board.
6. Records/Audits
The Contractor shall establish and maintain complete and accurate books, records,
documents, accounts and other evidence directly pertinent to performance under this Agreement
(herein collectively "the Records") in accordance with the following requirements:
i) the Records must be kept for the balance of the calendar year in
which they were made and for six (6) additional years thereafter,
and
ii) the Municipality Chief Executive Officer, the Chairman of the
Warren County Board of Supervisors, the Tourism Committee of
the Warren County Board of Supervisors, the Warren County
Administrator of Fiscal Services, the County and Municipality
Attorney, or any other person or entity authorized to conduct an
examination, as well as the Municipality governing board and the
Warren County Board of Supervisors, shall have access to the
Records during normal business hours at an office of the
Contractor, or, if no such office is available, at a mutually
agreeable and reasonable venue within the Municipality, for the
term specified above for the purposes of inspection, auditing and
copying. The Municipality shall take reasonable steps to protect
from public disclosure any of the records which are exempt from
disclosure under §87 of the Public Officers Law (the "Statute")
provided that;
a) the Contractor shall timely inform an appropriate
Municipality official, in writing, that said records
should not be disclosed; and
b) said records shall be sufficiently identified and
designation of said records as exempt under the
statute is reasonable. Nothing contained herein
shall diminish, or in any way adversely affect, the
Municipality's or County of Warren's right to
discovery in any pending or future litigation.
7. Indemnification
The Contractor shall defend, indemnify and hold harmless the Municipality and
its officers and employees from claims, notices of claims, suits, actions, damages and costs of
every kind and nature, including but not limited to reasonable attorney's fees, arising out of
activities funded or otherwise carried out pursuant to the terms of this Agreement.
8. Nature of Agreement/Independent Contractor
This Agreement is a funding agreement. This Agreement is not intended to
create, nor shall it be construed as creating, a joint venture or partnership. The Contractor is an
independent contractor and may neither hold itself out nor claim to be an officer, employee or
subdivision of the Municipality, nor make any claim, demand or application to or for any right,
based on any different status.
9. Discrimination Prohibited
The services to be furnished and rendered under this Agreement by the Contractor
shall be available to any and all residents of Warren County without regard to race, color, creed,
sex, religion, national or ethical origin, handicap or source of payment; and under no
circumstances shall a resident's financial ability to pay for the services be provided be
considered, unless such consideration is allowed by State and/or Federal law, rule or regulation.
10. Non-Discrimination and Employment
The Contractor shall not discriminate against any employee or applicant for
employment because of race, creed, color, sex, national origin, age, disability or marital status.
Further, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed,
color, disability, sex or national origin (i) discriminate in the hiring against any citizen who is
qualified and available to perform work; or (ii) discriminate against or intimidate any employee
hired for the performance of work funded by this Agreement.
11. No Partisan Political Activity
Funds provided pursuant to this Agreement shall not be used for any partisan
political activity, or for activities that may influence legislation or the election or defeat of any
candidate for public office.
12. Non-Assignment/No Sub-Recipients
This Agreement may not be assigned by the Contractor or its right, title or interest
therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous
consent, in writing, of the Municipality, and any attempts to assign the contract without the
Municipality's written consent are null and void, except that contracts entered in to by the
Contractor with third parties for commodities and/or services that are part of the services to be
performed as identified in Schedule "A" attached hereto shall not be deemed prohibited by this
clause.
13. Workers' Compensation/Disability
This Agreement shall be void and of no effect unless throughout the life of the
Agreement, the Contractor shall secure compensation insurance and disability insurance for the
benefit of such employees engaged under this Agreement as are by law required to be insured by
provisions of the Workers' Compensation Law and New York State Disability Law. Proof of
compensation and disability insurance shall be in the form(s) approved by the Workers'
Compensation Board.
14. Set-Off Rights
The Municipality shall have all of its common law, equitable and statutory rights
of set-off. These rights shall include, but not be limited to, the Municipality's option to withhold
for the purposes of set-off any monies due the Contractor under this Agreement up to the
amounts due and owing to the Contractor with regard to this Agreement, any other Agreement
with any Municipality department or agency, including any contract for a term commencing
prior to the term of this Agreement, plus any amounts due and owing to the Municipality for any
other reason, including, without limitation, tax delinquencies, fee delinquencies or monetary
penalties relative thereto.
15. Executory Clause
The Municipality shall have no liability under this Agreement to the Contractor or
to anyone else beyond the funds appropriated and available for this Agreement.
16. International Boycott
In accordance with §220-f of the Labor Law, if this contract exceeds $5,000, the
Contractor agrees, as a material condition of the contract, that neither the Contractor nor any
substantially owned or affiliated person, firm, partnership or corporation, has participated, is
participating, or shall participate in an International boycott in violation of the federal Export
Administration Act of 1979, or regulations thereunder. If such Contractor, or any of the
aforesaid affiliates of Contractor, is convicted, or is otherwise found to have violated said laws or
regulations upon the final determination of the United States Commerce Department or any other
appropriate agency of the United States subsequent to the Agreement's execution, such contract,
amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so
notify the Municipality Manager within five (5) business days of such conviction, determination
or disposition of appeal.
17. Compliance with Law
The Contractor warrants, covenants and represents that:
i) it is aware of and familiar with the provisions of General
Municipal Law §801, 803 and 805-A, and of the Code of Ethics of
the Municipality,
ii) at no time during the term of this Agreement shall it knowingly
permit or allow performance of its services for the Contractor
under this Agreement to involve any violation of said statutory
provisions or of the Code of Ethics, and
iii) it shall fully comply with all other general and special laws and
regulations of the State of New York, as well as with all local laws
and resolutions of the Municipality, applicable to the services to be
performed by the Contractor under this Agreement.
18. Disputes
Disputes involving this Agreement, including the breach or alleged breach
thereof, may not be submitted to binding arbitration, but must, instead, be heard in a court of
competent jurisdiction within the State of New York.
19. Amendment
This Agreement may not be amended, modified or renewed except by written
agreement signed by the Municipality and the Contractor.
20. Severability
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall to any extent be held invalid or unenforceable, the remainder of this
Agreement or the application of such term or provision to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and every other
term and provision of this Agreement shall be valid and be enforced to the fullest extent
permitted by law.
21. Entire Agreement
This Agreement is the entire agreement between the parties and it shall be
construed in accordance with the laws of the State of New York.
Approved as to form: TOWN OF QUEENSBURY
By:
JOHN F. STROUGH
Town Counsel TOWN SUPERVISOR
Date: ,2017
LAKE GEORGE REGIONAL CHAMBER OF
COMMERCE & VISITOR'S BUREAU
By:
MICHAEL CONSUELO
EXECUTIVE DIRECTOR
Date: , 2017
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
On the_ day of July in the year 2017, before me, the undersigned, a Notary Public in and for
said state, personally appeared JOHN F. STROUGH personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or person upon behalf of which the individual acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
On the_ day of in the year 2017, before me, the undersigned, a Notary Public in
and for said state, personally appeared MICHAEL CONSUELO personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or person upon behalf of which the
individual acted, executed the instrument.
Notary Public
SCHEDULE
Contractor to attach a detailed description of serviceshnaterials to be provided, the costs and
the period for performance of services or supply of materials.
g7t
x ° v 2 OA :o. MYA°o_ _�xe1Ft giVih, I ,TP: g
t.:
DESCRIPTION OF SERVICES PROVIDED
TO THE TOWN OF QUEENSBURY
AS IT RELATES TO
LOCAL TOURISM PROMOTION& CONVENTION
DEVLOPMENT AGREEMENT BETWEEN
THE TOWN OF QUEENSBURY AND
THE LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & CVB,INC.
Display of the Town of Queensbury Brochure(*) and its businesses at the Chamber's:
• Main Office located on Route 9, Lake George, NY
• Information Center located between Exit 17&18(northbound)of Adirondack Northway
• Lake George Village Visitor Center, Lake George, NY
• Fairhaven Information Center, Fairhaven,VT
• All northbound Rest Areas located on the NYS Thruway
Display&Distribution of the Town of Queensbury Brochure(*) as well as any additional information,
provided by the Town, and its businesses at the following Travel &Trade Shows:
Consumer:
• LGBT Travel Expo,September, New York City, NY
• International Travel&Tourism Show, October, Montreal,CA
• AAA Long Island Travel Show, October,Garden City, LI
• New York Times Travel Show,January, New York City, NY
• Canadian Snowbird Show,January, Lakeland, Fl.
• Boston Globe Travel Show, February, Boston,MA.
• AAA Southern New England Travel Show, March, Foxboro, MA.
• Philadelphia Travel Show,March, Philadelphia, PA.
• Ottawa Tour&Travel Show, March, Ottawa, CA.
Trade/Meetings&Conventions:
• Connect Marketplace—Corporate Meetings-August, New Orleans, LA
• Connect Marketplace—Sports—September-Cedar Rapids, IA.
• Small Meetings Marketplace—September- South Bend, IN
• TEAM"s—Sports Market—November—Orlando, FL
• National Association of Sports Commissions—March—location TBD
• ESSAE—Association & Corporate—June—Saratoga, NY
Advertising&Website Promotions:
• Provide a Full-Page Ad in the Chamber's 2017/2018 Four Seasons Guide Book(70,000 printed)
• Guide Book(70,000)to be distributed at Information Centers,Travel&Trade Shows, Distribution Centers
throughout Tri-State Region as well as serving as a fulfillment piece for mailings, providing additional Exposure
of the Town and its attributes.
• Listing at 2 Electronic Kiosks located in the LG Village Visitor Center and Exit 17 Information Center with the
Chamber exploring additional purchase of display kiosks.
• Dedicated page on the LG Chamber's website with a direct fink to the Town's website.
Queensbury Roundtable Meetings:
In addition to the above exposure of the Town, the Chamber will coordinate and chair regularly scheduled
meetings (aka Queensbury Roundtable Meetings) between Town officials, Queensbury local businesses and
Chamber representatives to provide updated activities as it relates to the Town and to determine additional
opportunities that can of assistance to all concerned.
Meetings &discussions will be of nature that will reflect accountability, call to action and ownership of all
concerned.
Any determinations that may cause additional funding will be agreed upon and funded over and above the terms
of this contract.
(*)The Town of Queensbury's Brochure is being created and expensed by the Town. The Chamber shall serve
as a consultant to this project. Printing of said brochure will be at the expense of the Town. Any costs for
distribution of said brochure(NYS Thruway,Tri-State locales etc.) will also be at the expense of the Town of
Queensbury. The Chamber will provide estimated costs prior to distribution.
R- 'ectively submitted by:
// _ ,
Mich.: •nsuelo C_•lut_
Executive Director
Lake George Regional Chamber of Commerce,Inc.
P.O.Box 272 PH: 518-668-5755
2176 State Rt.q www.LakeGeorgeChamber.com FX: 518-66S-4286
Lake George,NY 12845 Serving Visitors and our Communities since 1952 info®Iakegeorgechamber.com