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4.06 4.6 AGREEMENTSTake George Chamber&Visitors Bureau—OCCUPANCY TAX FUNDS-3-1-2023—2-28-2025—4-17-2023 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & CONVENTION AND VISITOR'S BUREAU RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 342,2020, 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 October 30th, 2022, and WHEREAS, the Town of Queensbury wishes to enter into an Agreement with LGRCVB for provision of such services effective as of March 1', 2023 through February 28th 2025, 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 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 $40,000 total in funding to the LGRCCCVB with occupancy tax revenues received from Warren County for general tourism promotional and marketing campaign and consultation services through February 28t", 2025 ($20,000 for 3/l/23 - 2/29/24 and $20,000 for 3/l/24 - 2/28/25) and accordingly enter into an Agreement with LGRCCCVB, 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 Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting with funding not to exceed $40,000 ($20,000 for 3/l/23 - 2/29/24 and $20,000 for 3/l/24 - 2/28/25) 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 further authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations in Occupancy Tax Account No.: 050-6410-4412 and increase revenue coded 050-0000-51113 Occupancy Tax by $20,000 in the 2023 Budget and$20,000 in the 2024 Budget, 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 17t'day of April, 2023,by the following vote: AYES NOES ABSENT: AGREEMENTS\LG Chamber - LGRCCCVB — Occupancy Tax Funds — March 1 2023 — Februory 28 2023 LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT This Agreement is made as of the I " day of March, 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 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 attack a detailed elescription of servlces/nxaterials to be provided, floe costs and the period for perfornoance of services or supply of noaterials.J 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 February 28'h, 2025), the Contractor shall be paid $20,000 per year as follows: 1 ) $20,000 for the first year (3/l /2023 — 2/29/24) - due on or about June 30, 2023 ; and 2) $20,000 for the second year (3/l /24 — 2/28/25) - $20,000 due on or about June 30, 2024 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; 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 February 28, 2025, whichever date is sooner. On February 28, 2025, 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 February 28, 2025 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 H 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. 1 1 _ 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' Comtaensation/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 Skates 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* 3OHN F. STROUGH, III Town Counsel . TOWN SUPERVISOR Date: 12023 LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & 'VISITOR'S BUREAU By: •T GINA MINTZER, CMP, MHA EXECUTIVE DIRECTOR Date: 12023 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 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 in the year 2023 , before me, the undersigned, a Notary Public in and for said state, personally appeared GINA MINTZER 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 A Co►►tractor to attach a detailed description of servicesfmaterials to be provided, the costs and the period for performance of services or supply of materials. :t REGIONAL CHAMBER OF COMMERCE & CVB 2023-2025 LOCAL TOURiSM PROMOTION & CONVENTiON DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF QUEESNBURY AND THE LAKE GEORGE REGiONAL CHAMBER OF COMMERCE & CVB, INC. Agreement: March 1, 2023 — February 28, 2025, $20,000 per year Payment Schedule: $20,000 due June 30, 2023; $20,000 due June 30, 2024 Promotional activities to include: Lake George Regional Chamber of Commerce Membership 2022-2023, 2023-2024, 2024-2025 (October 1-September 30 each year) Promotion of the Town of Queensbury through collateral materials distribution_ Chamber office, located on Route 9, Lake George, NY, average annual visitation: 5,200 Lake George Village Visitor Center, Lake George, NY, average annual visitation: 27,400 - Adirondacks Welcome Center, Queensbury, average monthly visitation: 19,500 (has steadily grown each month since opening 9/201) and includes social media promotion #queensbury, #queensburyny no collateral material allowed at this time unless guests ask about the area specifically. NEW DISTRIBUTION: 1-87 N/S through North Country Distribution, ALL EXiTS distribution, Albany South to Suffern, 100 distribution points. Display and/or digital distribution of the Town of Queensbury Brochure ( * ) as weiI as any additional information, provided by the Town at the following Consumer and Convention Travel Events. The LGRCC will create digital brochure based on current: CONSUMER TRAVEL EVENTS - Digital marketing through "geofencing advertising" • NJ RV & Camping Show, Edison, NJ, February • Springfield Sportsman's Show, Springfield, MA, February • NY Adventure Travel Show, NY, NY, January • Long island Bridal Shows, (multiple locations) Long Island, NY, November - March + Connecticut Home & Remodeling Show, Hartford, CT, March New Jersey Spring Home Show, Secaucus, NJ, March NY Women's Expo, Loudonville, NY, March New England Garden Show, Springfield, MA, March • Dream Destinations Travel Show, Springfield, MA, April • Northeast Golf Show, Foxboro, NIA, March Albany Auto Show, Albany, NY, November i * For these events, we will specifically market our regular brochure distribution partners via digital/social media platforms. Each show has specifics as to how many brochures will be distributed. CONVENTION TRADE EVENTS Religious Conference Managers Association, January - American Bus Association, February - Adventure Travel Trade Association, May Sports ETA, May - GovBUY, May Empire State Society of Association Executives (ESSAE), June CONNECT !Marketplace, August - Sports Relationship Conference, September Small Market Meetings, October - CONNECT NYS/DC, !November-December Other LGRCVB related activities to benefit Queensbury business community: Two Monthly a-news to Sports and Association/SMERF/Corporate markets; Arrival to Departure Tourism Awareness Training (254 trained to date); - ServSafe Training for ALL RESTAURANT STAFF (NEW OFFERING 2023) - DEI/B — Partnership for Community Belonging committee initiatives to benefit residents and visitors WEDDING MARKETING - Specific social media marketing of venues and services located in the Town of Queensbury specific to the weddings market including: Instagram. ADVERTISING, WEBSITE AND SOCIAL MEDIA PROMOTIONS (PAID/ORGANIC) Provide advertisement in the LGRCC&CVB 2023, 2024, 2025 Travel Guide, 750000 distribution o CTM Media: Metro Boston (90 locations), Bass Pro Shops (4 locations), 184 CT-191 CT/MA (115 locations) a Berkshire Brochure Distribution: Albany, Columbia, Saratoga Counties, Berkshire County, MA, northwest CT. ALB Train Station; ALB Airport. b Brochures Unlimited: C: Syracuse, C/R Buffalo/Niagara Falls, M: Utica-Central NY, C/R Rochester South o North Country Distribution: Oneonta/Coblesk ill; Hudson River; Catskill Region; Suburban NYC,- Montreal; 1-87 South/North; Manchester-Bennington, VT; o LGRCC - Travel Shows, AAA's throughout northeast, Members, Village Visitors Center, LGRCC Office. Community Guide & Directory: Provide Town of Queensbury promotion in the annual printed guide and ongoing digital version. This was a new initiative in 2020. We include assets of Queensbury throughout the guide. Event Promotion: Provide paid digital promotion for the Churney Gurney event to increase out of state participation . Village Information Center video loop — ongoing Queensbury accommodations, attractions, events, and lifestyle information. - Radio Advertising: In partnership with Adirondack Broadcasting, approx. 30 commercials per month on the following stations: 107A The Point; Fox Sports Radio WMML AM 1230; froggy 100.3; Q101.7 Classic Hits. Website: Dedicated page on _ : ,; with a direct link to the Town's website and other relevant webpages. Website: Provide advertisement specifically to various Town of Queensbury aspects: dining, accommodations, attractions, events, quality of life. Website: Notlinks to the Town's website whenever the Town of Queensbury logo is used, including website. - Social Media : a key marketing component of the Chamber's participation in Consumer Travel and Convention Trade Events is our social media promotion pre, during and post event that includes: Instagram, Facebook, Twitter and Linked In platforms. All participating partners are mentioned on a rotating basis. 0 Promotion of Parks & Recreation events and opportunities; #queensbury, #queensburyny - Consumer a-news (distribution 25,000) dedicated newsletter on all aspects of Town of Queensbury: dining, accommodations, attractions, events, quality of life. QUEENSBURY ROUNDTABLE/BUSINESS MEETINGS: - Under the direction of the Town of Queensbury Supervisor and/or designated Town liaison, the Chamber will coordinate and lead quarterly 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 be of assistance to all concerned. 0 2023 Initiatives include: ■ Pickleball Tournament — September; WizardFest -- US Quadball (Quidditch) Northeast Cup, November, Ongoing Route 9 business corridor engagement; car dealership engagement Currently meeting with new/current hospitality partners as well as new businesses relocating to the area for staff information/welcome. Advocacy and focused promotion for the business community and quality of life in the Town of Queensbury, i.e. new construction, business relocation, and renovations.