3.02 3.2
2019 ORGANIZATIONAL\Queensbury Land Conservancy
RESOLUTION AUTHORIZING 2019 AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC.
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury
Land Conservancy for the year 2019 for the purpose of helping to preserve open space in the Town of
Queensbury, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and the Queensbury Land Conservancy for the year 2019 substantially in the form presented
at this meeting with funding for the Agreement not exceeding the sum of$25,000 and authorizes and
directs the Town Supervisor to execute the Agreement with funding to be paid for from the
appropriate Town account.
Duly adopted this 3rd day of December, 2018,by the following vote:
AYES
NOES
ABSENT:
2019 AGREEMENTS\Queensbury Land Conservancy
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY
AND QUEENSBURY LAND CONSERVANCY, INC.
THIS AGREEMENT, made as of the 1" day of January, 2019, by and between the
TOWN OF QUEENSBURY, Warren County, New York, (hereinafter referred to as the
"TOWN") and QUEENSBURY LAND CONSERVANCY,INC., a non-profit agency organized
and existing under the laws of the State of New York, with its principal place of business in
Queensbury, New York, (hereinafter referred to as the "CONTRACTOR") in the manner
following:
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Contractor agrees to furnish community services to the Town and its residents for the 2019
calendar year, which is also the Town's fiscal year, in consideration of the sum set forth
below. The services to be provided by the Contractor are:
A. aiding with the development of an inventory of lands within the Town which are of
natural,recreational, scenic,historic or productive value;
B. advising the Town of appropriate protection strategies for these lands and collaborating
with the Town in preparing an open space master plan;
C. consulting with the Town regarding the value and most appropriate use of lands offered
for open space recreation uses in connection with subdivision applications;
D. advising the Town Board, Planning Board and Zoning Board of Appeals, when
requested, regarding open space issues as they may relate to applications being
considered by these Boards; and
E. managing such lands owned by the Town as both the Town and Queensbury Land
Conservancy may mutually agree in writing for open space purposes.
2. The Town agrees to pay Contractor the sum of$25,000 in full consideration for the services
previously set forth. Such amount shall be paid as follows:
A. 50% upon submission of 2018 Financial Statement, submission of a Town Voucher
(attached as Exhibit A) and approval of the Voucher by the Town Supervisor.
B. 50% after June 1, 2019 and upon submission of year-to-date reports of activities in
accordance with contracted services and submission of Town Vouchers and
approval of the Vouchers by the Town Supervisor.
3. In addition, the Town shall have the right, upon request by the Contractor, to assist in trail
maintenance on property owned by either the Town or the Contractor in circumstances
where major storin damage (such as that resulting from Hurricane Irene) interferes with the
ability of Queensbury residents to be able to freely use the trail system. This right shall be
exercised upon the authorization by the Town Supervisor after a major storm and shall not
permit the use of Town employees in routine trail maintenance.
4. The Queensbury Land Conservancy, Inc. hereby grants the Town a license over its real
property so that Queensbury residents shall be able to freely use the trail systems in
accordance with the Contractor's rules and regulations. As this agreement conveys to the
Town the right to maintain the Contractor's trails and grants a license to the Town for its
residents to use its trails, the Town of Queensbury Town Code rules and regulations
pertaining to Town trails and walking paths apply to Contractor owned property, including
the Town's right and law enforcement agencies' right to enforce such rules and regulations.
5. The Contractor additionally agrees to furnish to the Town throughout the term of this
Agreement all financial and program information reasonably requested which is related to
the services provided.
6. It is understood and agreed that the relationship of the Contractor to the Town shall be that
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of independent contractor. The independent contractor agrees that it will hold itself in
accordance with such status and that it will neither present itself nor claim to be an officer
or employee of the Town.
7. The Contractor agrees and warrants to indemnify the Town and hold it harmless for any and
all claims arising out of the performance of this Agreement which are made against the
Contractor.
8. The Contractor agrees that it shall neither assign nor in any manner convey the rights or
obligations of this Agreement to any other person, company, or organization without the
previous written consent of the Town.
9. This Agreement may be terminated by either party upon thirty (30) days notice in writing to
the other party. The Contractor further agrees that in the event of cancellation of this
Agreement by either party, it will make a full and final accounting of all Town funds
received under this Agreement within thirty (30) days after notification of cancellation has
been issued.
10. Unless cancelled earlier under the terms of the preceding paragraph, this Agreement expires
on December 31, 2019.
11. It is agreed by the parties that this Agreement constitutes the full and complete agreement
by the parties and that it may not be changed orally.
IN WITNESS WHEREOF,the parties have signed this Agreement to be effective on
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the day and year first above written.
TOWN OF QUEENSBURY QUEENSBURY LAND
CONSERVANCY, INC.
BY: BY:
JOHN F. STROUGH, SUPERVISOR LEON M. STEVES,PRESIDENT
DATE: DATE:
MAILING ADDRESS: MAILING ADDRESS:
742 BAY ROAD C/O VAN DUSEN & STEVES
QUEENSBURY,NY 12804 169 HAVILAND ROAD
QUEENSBURY, NY 12804
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BILLING VOUCHER
Submitted to:
TOWN OF QUEENSBURY
742 BAY ROAD QUEENSBURY,NY 12804
Phone:518-761-8201 Fax:518-745-4445
NYS Sales Tax Exemption 14-6002393 (Do not write in this area-for Accounting Use Only)
Department Town Board EXHIBIT PO NO. IF/IP ACCOUNTCODE $DISTRIBUTION
25,00000
VENDOR NO.
C
Queensbury Land Conservancy, Inc.
A
I
M
A
N
TL J
OUR CUSTOMER ACCOUNT NO. TOTAL $ 25,000..00
This form is to be used by: $Vendors not fumishing their own pre-printed invoice form.
$Department Managers to approve vendor invoices for payment.
DATE INVOICE NUMBER DESCRIPTION S AMOUNT DUE
25,000 00
TOTAL AMOUNT DUE
$25,000 00
CLAIMANT CERTIFICATION: I hereby certify that the products and/or services listed above have been furnished to the
Town,including all information and documents required by a Contract where applicable;that no portion has been previously
paid or satisfied;that taxes from which the Town is exempt are not included;and that the amount claimed is actually due.
Date: Signature: Title:
DEPARTMENT APPROVAL Comptroller's Office Use
This Voucher represents an authorized purchase that complies with the Received
Town's purchasing policies and procedures. Prices are in accordance Checked
with pre-authorized Purchase Orders or Contracts,where applicable. The Returned
services and/or materials,including all required information and documents, Reason
have been furnished to the Town of Queensbury,and the amount approved
is due for payment. Entered
Authorized Due Date
Date: NOV 1, 2018 Official Comptroller
TOWN OF QUEENSBURY eomptrollerlgprolbilling voueherwW Mar 2002