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FIRE AND EMS\Hudson Valley Volunteer Fire Convention-OCC TAX-6-27-2022
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND TOWN OF QUEENSBURY FIRE CONVENTION
COMMITTEE TO HOST 134TH ANNUAL HUDSON VALLEY
VOLUNTEER FIREMEN'S ASSOCIATION CONVENTION
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury has received a request for funding from the Town of
Queensbury Fire Convention Committee to assist in the hosting of the 134t" annual convention of the
Hudson Valley Volunteer Firemen's Association Convention in June, 2023, and
WHEREAS, such event is expected to bring over 10,000 volunteer firefighters and their
families to the Town of Queensbury and its surrounding area's 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 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 funding to the Fire Convention Committee in
the amount of$17,500 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and the Fire Company has been
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the
Town and the Town of Queensbury Fire Convention Committee to assist in its hosting of the 134t"
annual convention of the Hudson Valley Volunteer Firemen's Association Convention in June, 2023 in
substantially the form presented at this meeting and authorizes and directs the Town Supervisor to
execute the Agreement, with funding not exceeding the sum of $17,500 and 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 authorizes and directs the Town Budget Officer to take all
actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as
follows:
• Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $17,500;
• Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $17,500;
and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 27t'day of June, 2022,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Hudson Valley Volunteer Fire Convention—OCCUPANCY TAX—6-27-2022
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This Agreement is made as of the l' day of January, 2022 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 Town
of Queensbury Fire Companies Convention Committee, with a principal place of business
located at 409 Dix Avenue, Queensbury, New York 12804 (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 raid the peria.-I for performance of services or supply of
materials./
2. Contract Sum
A. For the Services performed and/or materials furnished under this
agreement the Contractor shall be paid the sum of$17,500. The Contractor shall not be entitled
to out-of-pocket expenses. Contractor shall not be entitled to partial payment for services
rendered or materials furnished at the end of end of each thirty(30) day period as work proceeds.
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 Agreement;
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 shalt be made thirty(30) days from:
i) the furnishing of all materials and completion of required work, 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 December 31, 2023 whichever date is sooner. On December 31,
2013, 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 December 31, 2023 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 Section 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-AssigpMent/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/Disabilitx
This Agreement shall be void and of no effect unless throughout the life of the
Agreement, the Contractor shalt 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 5220-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
Warren 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 p
general and special laws and
t:1
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, 111, Town Supervisor
Town Counsel
Date:
TOWN OF QUEENSBURY FIRE
COMPANIES CONVENTION COMMITTEE
By:
Date:
STATE OF NEW YORK
ss.:
COUNTY OF WARREN
On the day of in the year 2022, before me, the undersigned, a Notary Public in
and for said state, personally appeared JOHN F. STROUGH, III 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 February, in the year 2022, before me, the undersigned, a Notary Public in
and for said state, personally appeared 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
SC'.�1��".T�ULE A
Contractor to attach a detailed description of services/materials to be provided, the costs and
the period for performance of services or sacpply of materials.
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202022 APPLICATION
2022 REQUEST FOR TOWN OF QUEENSBURY OCCUPANCY TA'
Note:completion of the application does not guarantee occupancy tax distribution
Town of Queensbury Fire Convention Committee
Includes representatives from all five fire companies.
Our goal is to hold another Hudson Valley Volunteer Fire Convention.
Requesting$17,S00.
Need the-funding this year to help begin organizing the event.
Occupancy tax allocation must be in accord with Warren County's Local Law No. 4 of 2003
amended by Local Law No. 10 of 2006, which states, in part, under Section 16. Disposition of
Revenues: "...allocated only for tourism promotion and tourist and convention development
enhance the general economy of the County of Warren, and its city, towns and villages through.
the promotion of tourist activities, conventions, trade.shows, special events and other directly-
related and supported activities." See also: Schedule A SPENDING GUIDELINES ctly-
The money allocated will bring about an opportunity that will:
1. Bring about an increase in visitations to Queensbury, which otherwise. might not have occurred
2. Enhance the visitors' experience in a way that will helps assure:
a. An increase in the likelihood of return visits.
b. Will have a cumulative effect of producing other visitations.
Incidental justification: The enhanced experience will offer benefits to our local residents.
Local residents will be able to attend two parades (Mardi Gras on Friday night and a Dress
Parade on Saturday afternoon) along with a Carnival style atmosphere to include music, food
rides and games.
Please complete the following:
I. Name of organization:
Town of Queensbury Fire Companies Convention Committee
2. Organization's Address:
409 Dix Avenue
3. Contact names and information:
Chri's Kilmartin (518) 260-5951
4. Describe your organization:
We encompass the Town of Queensbury five Fire Companies
5. What is the amount you are requesting?
6. $17,500
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7. Describe Your event:
We are hosting the 134th Annual Hudson Valley Firemen's Association Convention
8.' Date(s) of the above:
June 14th-17th 2023
9. Estimated number of persons served for this event:
Over 10,000
10. Describe how your event fulfills the following requirement: Your organization"s request
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must be expended far promotion of the Town of Queensbury, be it touri t act vides,
conventions, trade shows,special events and other directly related and supported
activities. Promotion or promoting is defined as furthering the growth of,establishment of,sales,
and/or contributing to the growth, and/or to forward enlargement,or prosperity or to encourage or to
advance. 1
This four day event will highlight much of what the Town Of Queensbury has
to offer, we will have displays of attractions, accommodations, recreational
activities these will be featured daily during the meetings as well as the
evening during the entertainment portion of the event. We will also host the
annual "HVVFA Expo"" which provides time for area businesses and regional
emergency service vendors to showcase their products to the attendees on
Friday morning.'The four evenings of entertainment will consist of live music
carnival, vendors and food. Friday evening will be the "Mari Gras" therned
parade. Saturday will be highlighted by one of the largest firematic parades in
New York State as over 3,500 marchers will take to the streets trying to take
home the coveted "Best Overall"trophy. We are very fortunate to have been*
chosen to host this prestigious event once again, this event proved very
Popular with most of our local residents whom enjoyed the Parades as well as
all of the activities at our firehouse that are free and open to the public.
11. Do you have empirical data that supports your request? Like number of nights
generated and/or Potential economic impact of the event? If so please describe:
The Town of Queensbury hosted this event in 2005, and again in 2013, 2014,
2017 1 and 2018. We have seen the numbers of attendees and participating
agencies grow over that time with the largest number, 107 units in the 2017
parade. We only see this number growing for 2023 as we will be the first
complete event Post pandemic.
12. Does your organization receive financial support (occupancy tax or otherwise) from the
county or any other municipality? Is so, please describe:
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13. *Specific to the funds you are requesting, please detail
below how this money will be
spent:
Advertising (Radio and Print) $1,500
Trophies $10,500
Mailings $1,500
Licenses and Insurance $500
Entertainment$3,500
*Note 1: You will be reimbursed based on actual expenses and based on the receipts you submit. You will
only receive that amount approved by the Town Board.
*Note 2:If the occupancy tax you are requesting will be spent on the purchase of promotion products,like
media ads,coffee mugs, handouts,etc., those products must include the Town's logo. TV or radio
advertising would have to include recognition of the Town of Queensbury.SEE TOWN LOGO:
14, If applicable, explain how you have used the town's occupancy tax distribution(s) in the
past 5 years:
We received occupancy tax from the Town in 2013, 2014, 2017 and 2018 as we
hosted the Hudson Valley Volunteer Firemen's Association. The funding was used
for Fireworks, Advertising, Entertainment, Awards and Merchandise.
Please attach your organization's budget to this worksheet.
Submit application and accompanying documents to Town of Queensbury Supervisor's Office,
Attention to Victoria La Marque, 742 Bay Road,Queensbury, NY 12804
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