4.17 4.17
AGREEMENTS\Eastein NY Marine Trades—Great Upstate Boat Show—OCCUPANCY TAX FUNDS—3-20-2023
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury has received a request for funding from the Eastern NY
Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the
Adirondack Sports Complex(The Dome) in the Town of Queensbury on March 31',—April 2nd, 2023,
and
WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity
and is expected to draw many people 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 Resolution No.: 484,2007, 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 funding to the Eastern NY Marine Trades
Association in the amount of$5,000 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement 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 Eastern NY Marine Trades Association substantially in the form presented at this
meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for
the Agreement not exceeding the sum of$5,000 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 $5,000;
• Expense Acct.No. —050-6410-4412 Use of Occupancy Tax $5,000; 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 20t'day of March, 2023,by the following vote:
AYES
NOES
ABSENT:
AGR EE M ENTS\Eastern NY Marine "Trades — Great Upstate Boat Show-OCCUPANCY TAX — 3-20-2023
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This Agreement is made as of the l " day of January, 2023 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 Eastern NY
Marine Trades Association, with a principal place of business located. at P.O. Box. 4604
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 flax 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 auach a detailed description of
services/rrraterials to be provided, the costs atud the perioelfor performance of services or supply ofmaterials.]
2. Contract Sum
A. For the Services performed and/or materials furnished under this agreement
the Contractor shall be paid the sum of $5,000. 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-
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 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
aw is later_
4. "Perm
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 ,
2023 , 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
fow 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
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 Activitv
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-Assiinment/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
4W 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 Ris:hts
The Municipality shall have all of its common taw, 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.
taw 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. Cornpliance with Law
The Contractor warrants, covenants and represents that:
i) it is aware of and familiar with the provisions of General Municipal
Law §$01 , 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 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
kjurisdiction within the State of New York.
t 9. 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.
2 t . 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:
ROBERT H. HAFNER, Esq. JOHN F. STROUGH, 111, TOWN SUPERVISOR
Town Counsel
Date:
EASTERN NY MARINE TRADES ASSOC.
By:
JOEL HOLDEN
EXECUTIVE DIRECTOR.
Date:
STATE OF NEW YORK )
ss..
COUNTY OF WARREN )
On the day of in the year 2023, before me, the undersigned, a Notary Public in
and for said state, personally appeared JOHN F. STROU+GH, 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 in the year 2023, before me, the undersigned, a Notary Public in
and for said state, personally appeared JOEL HOLDEN 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 behalfof which the individual acted, executed the instrument.
Notary Public
SC'HED ULE A
Contractor to attach a detailed description ofservices/rnaterials to be provided, the costs a►rd the
period for performance of services or supply of materials.
4W 2023 APPLICATION
2023 REQUEST FOR TOWN OF QUEENSBURY
OCCUPANCY TAX or COMMUNITY FUNDS
Note: Completion of the application does not guarantee occupancy tax distribution
OCCUPANCY TAX: Allocation must be in accord with Warren County's Local Law No. 4 of 2003
and amended by Local Law No. 10 of 2005, which states, in part, under Section 16. Disposition
of Revenues: "-allocated only for tourism promotion and tourist and convention
development...to 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
The money allocated will bring about an opportunity that will:
t. Bring about an increase in visitations to Queensbury, which might not have occurred .
otherwise.
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.
COMMUNITY FiJNDING : Funding that would be related to the community and not rrecessarilao
related to tourism
Please compiete the following:
1. Name of organization: The Great Upstate
Boat Show (ENYMTA - Eastern NY Marine Trades Association)
2. Organization's Address: PO Box 4604
Queensbury, NY 12804
3. Contact names and information : Joel Holden,
Executive Director
4. Describe your organization: The Eastern New
York Marine Trades Association ( ENYMTA, Inc. ) is dedicated to
advancing the marine trades industry throughout the following Northeastern Regions of
New York State : Catskills Region; Capital Region ; Saratoga Springs Region; Lake George
Region; Northern Adirondack Region; and the Champlain Region . Incorporated in 1975 as
a 501-c3 nonprofit organization, the ENYMTA membership consists of 41 regional marine
businesses (primarily marinas, boat dealers, and marine product and service providers)
who have joined together to exchange ideas and information ; further cooperation
1
among members; and develop mutually beneficial services such as The Great Upstate
Boat Show, The Lake George In-Water Boat Show, and boating educational programs,
such as boating safety seminars. As an affiliate of the Empire State Marine Trades
Association (ESMTA), ENYMTA, Inc. leads efforts to increase awareness of legislative
interests related to the marine industry throughout New York State. Our organization
also regularly participates in programs dedicated to educating the public on a wide-
variety of topics such as boating safety, environmental and invasive species awareness,
and the protection of public boating access. Our new website will be live this week.
5 . What is the amount you are requesting?
$25 7 000
b . Describe your event :
The Great Upstate Boat Show is the largest boat show between New York City
and Montreal . Our show brings 5 ,000+ new guests here annually from all over
New York, New England and Canada per zip code tracking for every guest at
entry of the show.
7. Date(s) of the above:
March 31 - Aprit 2, 2023
8 . Estimated number of persons served for this event:
5U00+
9. Describe how your event fulfills the following requirement: Your
organization 's request must be expended for ,promotion of the Town of
Q,ueenshury, be it tourist activities, 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, enlargement, or prosperity of and/or to forward or to encourage
or to advance.
This trade show event draws 5000+ to Queensbury from all over New York and
New England and adds $7. 5MM+ in sales over the three days.
10 . 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 :
Yes we do . 15 Years worth of it , whatever you need . Please see attached
infographic for reference of total economic impact that our organization
oversees in Districts in 19 , 20, and 21 of NYS.
11 . Does your organization receive financial support (occupancy tax or
otherwise) from the county or any other municipality? is so, please describe:
N/A
z
1 2 . *Specific to the funds you are requesting, please detail below how
this money will be spent :
*Note 1 . You will be reimbursed bused 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 taxlcommunity funding 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:
Covid nearly ended our organization financially. No member dues for three
years and no show has resulted in no new revenue to support our staff,
strategic partners, and all activity of our board . We also received nothing in
Covid relief funding - federal, state nor local . We ' re asking, for these monies for
marketing support to allow our organization to get back to where we were to
put on this high profile show and to continue to be a major driver for annual
tourism and sales tax revenue .
13 . If applicable, explain how you have used the town 's occupancy
tax/community funding distribution(s) in the past 5 years:
NIA
Please attach your organization's budget to this worksheet.
Submit application and accompanying documents to Town of Qiueensbury Supervisor's office,
Attention to Victoria La Marque, 742 Bay Road, Q,ueensbury, NY 12804
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The Great Upstate Boat Show - Budget
Eastern NY Marine Trades Association
3/27/23-4/6/23 Production
Estimated Revenues:
Floor Space Rental y 200000
Ticket Sales 18000
Sponsorship 25000
Occupancy Tax Grant Funds 25000
Total Revenues 268000
Estimated expenses :
ADK Sports Complex (The Dome) Rental : 52000
Drapery / Display / Signage 15000
Equipment Rental 10000
Parking Rental 2000
Shuttles _ _ _ 3500
Total Labor / Entertainment 53000
Move in/out meals 5000
Plowing 2000
Prizes Wr 2000
Media Advertising 75000
Advertising Production 36000
Website 10000
Total Expense 265500
Net Revenue 2500
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