4.05 4.5
AGREEMENTS\Under the Woods Foundation—Chwuey Gurney—OccTax—4-17-2023
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF
QUEENSBURY AND THE UNDER THE WOODS FOUNDATION, INC. FOR
CHURNEY GURNEY FESTIVAL
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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 Town Board, and
WHEREAS, the Under the Woods Foundation, Inc., is organizing the "Churney Gurney
Festival" at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail
running race, thereby helping to promote recreational opportunities in the community, attracting many
persons to the Queensbury area and providing an economic boon to the community, and
WHEREAS, the Town Board wishes to provide funding to the Under the Woods Foundation
in the amount of$5,000 with occupancy tax revenues received from Warren County and accordingly
enter into a 2023 agreement with the Under the Woods Foundation for the promotion of recreational
activities and events to Town residents, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Local
Tourism Promotion and Convention Development Agreement between the Town and the Under the
Woods Foundation, Inc., and authorizes and directs the Town Supervisor to execute the Agreement
substantially in the form presented at this meeting with funding not to exceed $5,000 and to be
provided by occupancy tax revenues the Town receives from Warren County,to be paid 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 confirmation by the Town
that unallocated occupancy tax funds are available from Warren County.
Duly adopted this 17t'day of April, 2023,by the following vote:
AYES
NOES
ABSENT:
2023 AGREEMENTSIUnder the Woods Foundation — Churney Gurney Festiva!
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMICNT AGREEMENT
This Agreement is made as of the I " 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 Under
the Woods Foundation, Inc., with a principal place of business located at 413 Bay Road,
Queensbury, New York 12804 (hereinafter referred to as "Contractor").
W ITNESSETH
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;
i . Services/ Materials
The Contractor shall provide services and /or materials as more specifically
described in the attachment annexed hereto as Schedule "A". lContraclar -- Please attach a detailed
description of sere►cesfenaterials to he provided, flee casts and flee period for performance of services or supply of
ntaterials.1
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;
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,
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
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 , 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 as 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 hooks, 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.
to. Non-Discrimination and Employ
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.
it , 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-Assianment/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
Warren Municipality,
H) 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
Sy:
Esq. John F. Strough, 111, Town Supervisor
Town Counsel
Date:
UNDER THE WOODS FOUNDATION, INC.
By:
Date:
STATE OF NEW YORK }
ss.:
COUNTY OF WARREN )
On the day of April in the year 2023, before me, the undersigned, a Notary Public in and for said
state, personally appeared .TORN 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 )
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 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/she executed the same in his/her capacity, and that by his/her signature on the
instrument, the individual, or person upon behalf of which the individual acted, executed the instrument.
Notary Public
SCHEDULE A
Contractor to attach a detailed description of services/materials to be provided, the costs and
the period for performance of services or supply of materials.
2023 APPLICATION
2023 REQUEST FOR TOWN OF QUEENSBURY
OCCUPANCY TAX or COMMUNITY FUNDS
Now 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 2006, 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:
1. 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 FUNDING . Funding that would be related to the community and not necessarily
related to tourism
Please complete the following:
1. Name of organization: Under the Woods Foundation/,Churney Gurney Festival
2 . Organization's Address: 413 Bay Road, Queensbury, NY 12804
3 . Contact names and information : : Robert Underwood 518-796-5908
underdogracetiming@)gmall.com
4. ❑escribe your organization : Under the Woods Foundation organizes a Festival at
Gurney Lane Park that hosts a Mt. Bike race in addition to adding a Trail Bunning Race.
All proceeds from the race go directly to a Under the Woods Foundation which funds
camps and other opportunities for children on the Autism spectrum. Grants are
provided for activities to promote learning and inclusion for these children,
S. What is the amount you are requesting? $5000.00
6. Describe your event: This is a 2 day event held at Gurney Lane. The first day there will
be a Trail Running race, demo mountain bike rides, a short downhill type race, and
i
z
festivities for families. In addition, we have added another Mountain Bike Timed
event for Saturday afternoon on the new trails in the park. The second day will be a
Mt. Bike Race for adults as well as children. There will be demo mountain bikes
available as well as a picnic for racers and their families.
7. Date(s) of the above: August 5-6, 2023
8. Estimated number of persons served for this event: 400 Racers, Over 400 Bike Demos,
2-300 Family and Spectators.
9. Describe how your event fulfills the following requirement: Your organization 's request
muss' be expended for promotion of the Town of Queensbury, be it tourist activities,
conventions, trade shows, special events and other directly related and supported
aCUVities. 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.
The Churney Gurney is in its 911 year. We have worked in conjunction
with the Queensbury Recreation Department to bring awareness of the trails
and facility at Gurney Lane and the surrounding area. Over the last 8 years we
have grown from 35 racers, to 55, to 185, to 2550 325, to 430 racers last year.
We have racers from Maine, Massachusetts, New Hampshire, Vermont,
Quebec Canada, Georgia, and Missouri. We also have a large group from
downstate that travel to the area for the race. This year we are again part of
the NYS Mountain Bike Race series which will draw from a much larger
geographic region. Our goal is not only to raise awareness of the Gurney Lane
Recreation Park but to show case all of the things our community has to offer.
This year, with the addition of a second day we are able to host a Trail Running
Race as well as bring in local venders to show case their shops and facilities.
We have also added a new downhill single track race on Saturday afternoon for
rakers and family to enjoy. Our demo bike vendors will be coming from out of
town and will require lodging and meals which our local community is able to
accommodate.
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 .-
The growth of the race over the last 8 years has been tremendous. Our growth and
the growth of the Gurney Lane Mountain Bike Park Riders and Churney Gurney
Facebook page can attest to the fact that we are bringing people to the area. The goal
is to make our area a Mountain bike center. The trails are some of the best in the east
and people are talking constantly about them. Results are available on
underdogtiming.com where you can see our growth over the years. The addition of
the trail running race last year was a big plus and will continue to see growth in the
future. The further addition of the new race on Saturday will again grow the event.
2
3
The addition of the new trails to Gurney South along the Rush pond trail will also be
highlighted.
11 . Does your organization receive financial support (occupancy tax or otherwise) from the
county or any other municipality? Is so, please describe :
We have worked with the Queensbury Recreation Department and Steve Lovering
over the past 8 years to secure the park and pavilion facility for the races. We have
not received Occupancy tax or other monies from the county or other municipality.
We are a group of volunteers and run the races as a fundraiser for our non-profit,
Under the Woods foundation.
12. *Specific to the funds you are requesting, please detail below how this money will be
spent :
'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 arcs, coffee mugs, handouts, etc., those products must include the Towns logo. TV or radio
advertising would have to include recognition of the Town of Queensbury. SEE TOWN LOGO:
Advertisements for the race.
Adirondack Sport and Fitness 3 month ad $450,00
Timing and race course set up supplies $400,00
Souvenir Race Number plates and bibs $850.00
Give a-ways and awards.
T-Shirts for all racers (we have a partial sponsor) $2000.00
Awards for all Race categories (additional race) $1500000
13. If applicable, explain how you have used the town's occupancy tax distribution(s) in the
past 5 years:
Last years expenses:
Web site $386615
Aclk Sport and Fitness Ad $398.74
Race bibs and plates $800086
Race Awards and prizes $1452.56
Timing workers and Race timing chips $926.00
Souvenir T-Shirts and souvenirs $2000.00
Competitor Past race food $1800.00
3
4
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
4