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4.06 4.6 AGREEMENTS\Warren County Local Tourism Promotion 2023—9-25-2023 RESOLUTION AUTHORIZING COUNTY OF WARREN LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT FOR 2023 WITH QUEENSBURY RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and WHEREAS, a County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) is presented at this meeting, which Agreement sets forth terms for the County's provision of sixty thousand dollars ($60,000)to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues, and WHEREAS,the Town wishes to enter into the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution(s) of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 25t'day of September, 2023,by the following vote: AYES NOES ABSENT : 2 4.6 AGREEMENTS\Warren County Local Tourism Promotion 2023—9-25-2023 RESOLUTION AUTHORIZING COUNTY OF WARREN LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT FOR 2023 WITH QUEENSBURY RESOLUTION NO.: ,2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003)and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions,trade shows, special events and other directly related and supported activities,and WHEREAS, a County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) is presented at this meeting, which Agreement sets forth terms for the County's provision of sixty thousand dollars ($60,000) to the Town for tourism promotion and tourist and convention development from Occupancy Tax Revenues,and WHEREAS, the Town wishes to enter into the Agreement, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the County of Warren Local Tourism Promotion and Convention Development Agreement for 2023 With Queensbury (Agreement) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution(s)of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 25'"day of September, 2023, by the following vote: AYES NOES ABSENT : 2 COUNTY OF WARREN LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT FOR 2023 WITH QUEENSBURY This Agreement (the "Agreement") is made by and between the COUNTY OF WARREN, a municipal corporation and political subdivision established under the Laws of the State of New York, having its offices and principal place of business located at the Warren County Municipal Center with a mailing address of 1340 State Route 9, Lake George, New York 12845 (hereinafter "County") and the TOWN OF QUEENSBURY, a municipal corporation and political subdivision established under the Laws of the State of New York, having its principal place of business located at the Town Hall, 742 Bay Road, Queensbury, New York 12804 (hereinafter"Town" or "Municipality"). WITNESSETH WHEREAS,the County derives revenue from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such Tax, is to allocate the funds 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, and WHEREAS,the Municipality is ready,willing and able to provide for promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities,and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to carry out the terms of this Agreement; and WHEREAS,the Warren County Board of Supervisors authorized agreements with the various municipalities in Warren County to provide funds, annually, to enhance the general economy of the various municipalities and therefore, the County of Warren, through the promotion of tourist activities, conventions, trade shows, special events, and other directly related and supported activities, and WHEREAS, the Occupancy Tax Coordination Committee has approved the 2023 Occupancy Tax Spending Plan to authorize contracts with various municipalities for 2023, NOW, THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the County and the Municipality agree as follows: Part I - Payment 1. Payment. In accordance with the terms of this Agreement, the County shall pay and disburse to the Town the sum of Sixty Thousand Dollars ($60,000.00), pursuant to the 2023 Occupancy Tax Spending Plan, passed by the Warren County Board of Supervisors as Resolution No. 81 of 2023 on February 17, 2023. All funds made available for use in connection with this Agreement and accepted by the Municipality shall be subject to and expended in accordance with the terms and provisions of the Agreement (without the need to approve and sign additional agreements). Payment of said amount by the County to the Town shall be made within thirty (30)days of the execution of this Agreement. Part II - Use/Accounting of Funds 2. Expenditure of Funds. a) The funds paid to the Municipality pursuant to the terms hereof shall be allocated only for tourism promotion and tourist and convention development. More specifically, the funds shall be used 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. All funds provided to the Municipality must be spent for these purposes, and none of the funds provided pursuant to this Agreement may be used for expenses of the Municipality in administrating the use of the funds as allocated herein.More specifically,the Municipality shall use the funds provided by this Agreement in the calendar year 2023, for such purposes as are set forth in the spending guidelines annexed hereto as Schedule "A." All expenditure of funds shall be authorized by board resolution of the Town. b) As set forth in paragraph 5 of this Agreement, a Municipality may be liable for ineligible expenditures. While the Municipality may expend funds provided under this Agreement without prior approval of such expenditures by the County, if a Municipality has a question as to whether a particular expenditure is an eligible expenditure under the spending guidelines (Schedule "A") or desires prior approval of an expenditure plan to avoid the possibility that the County may determine an expenditure or expenditures as ineligible under this Agreement, the Municipality may seek an advance approval by the Occupancy Tax Committee of the County Board of Supervisors,whose determination that an expense is eligible will be the County's final determination. 3. Accounting_of Funds and Expenditures. Municipalities receiving funds are required to establish a designated revenue and expense line in their municipal accounts for tourism to account for the shared bed tax revenue on or before October Is' of each 2 year. On or before March 156 of each year, municipalities are required to report to the County on the use of the revenue sharing funds for the previous fiscal year. The report shall include: (a)a description of activities or projects receiving revenues; (b)the number of persons served; (c)an outline of plans for continuing the activity or project; and(d)any and all other information that the County may deem necessary by further resolution adopted by the Board. 4. Records/Audits. The Municipality 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: (a)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(b)the County Chairman of the Board, the Occupancy Tax Committee of the Board of Supervisors, the Administrator of Fiscal Services,the County Attorney, or any other person or entity authorized to conduct an examination, as well as the Board of Supervisors, shall have access to the Records during normal business hours at an office of the Municipality, or, if no such office is available, at a mutually agreeable and reasonable venue within the County, for the term specified above for the purposes of inspection,auditing and copying. The County 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; (i)the Municipality shall timely inform an appropriate County official, in writing, that said records should not be disclosed; and (ii) 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 County's right to discovery in any pending or future litigation. S. Kefunds to County/Ineligible Expenditures. In the event that it shall be determined by the Board of Supervisors that the Municipality has made ineligible expenditures with funds provided by this Agreement, the Municipality may substitute other eligible expenditures for the fund or expend such amounts for eligible expenses thereafter or if this is not done such amount shall be refunded to the County. Part III - Term and Early Termination 6. Term. This Agreement shall be for the period of January 1, 2023 through December 31, 2023, and shall automatically expire on December 31, 2023 unless terminated earlier by either party, in its sole discretion, upon thirty (30) days written notice. 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 Municipality understands that it should cancel, prior to the effective date of any 3 prospective termination, as many outstanding obligations as possible,and not to incur any new obligations after receipt of the notice without approval by the County except that the Municipality may use funds remaining from prior County distributions provided the Municipality is not in breach of this Agreement. In no event shall the County be liable for expenses or obligations arising from programs or other expenditures made pursuant to the terms of this Agreement after the termination date. Part IV - Indemnification 7. Indemnification.The Town shall defend,indemnify and hold harmless the County 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 attomey's fees, arising out of activities funded or otherwise carried out pursuant to the terms of this Agreement. Part V - Other 8. Nature of Aereementandependent Contractor. This Agreement is a funding contract. This Agreement is not intended to create, nor shall it be construed as creating, ajoint venture or partnership. The Municipality is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the County, 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 Municipality 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. 10. 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. 11. Set-Off Rights.The County shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold for the purposes of set-off any monies due the Municipality under this Agreement up to the amounts due and owing to the County with regard to this Agreement, any other Agreement with any County 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 County for any other reason, including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. 4 12. Executory Clause. The County shall have no liability under this Agreement to the Municipality or to anyone else beyond the funds appropriated and available for this Agreement. 13. 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. 14. Amendment. This Agreement may not be amended,modified or renewed except by written agreement signed by the Town and the County. 15. 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. 16. Electronic Signature.This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. 17. Entire Agreement. This is the entire Agreement of the parties and cannot be changed or modified except by mutual written agreement and signed by a duly authorized representative of the County. If any part of this Agreement shall be held unenforceable,therest of this Agreement will nevertheless remain in full force and effect. Remainder of this page intentionally left blank Signatures follow on the next page 5 IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the respective parties. Approved as to form: COUNTY OF WARREN By: Assistant Co ty Attorney KEVIN B. GERAGHT , HAIRMAN Board of Supervisors Date: /'77- t 7 Date: `1 IL(z3 TOWN OF QUEENSBURY By: JOHN STROUGH,SUPERVISOR Date: 6 SCHEDULE "A " _pi rite 5 � N NEW YOHS AOIRONOACNS ... GENERAL SPENDING GUIDELINES General Guidelines Generally,uses of occupancy tax revenues provided to Municipalities by the County,must be expended for the Promotion of Tourist activities,conventions,sports,trade shows,special events and other directly related and supported tourism activities.Promotion or promoting is defined as furthering the growth of,establishment of,sales and/or contributing to the growth,engagement,or prosperity of and/or to forward or to encourage or to advance. Therefore,and more importantly,In order for an expenditure to be eligible under these guidelines,it cannot just be"related°to Tourism,but it must be determined to be consistent with the previously stated allowed uses and definition of promotion. Application of General Guidelines to List Below The listing is intended to provide a suggested list of possible expenditures under the general guideline provided above. In order to maintain the listing below as an easy and practical tool,elaborate or extensive descriptions have,generally,been avoided. Therefore, the examples should always read together with the general guideline,above,to ascertain the extent to which funds may be expended for the example provided. Special EventslFestivals/Activitles!Sports Production,development of new event,activities(i.e.Outdoor drama,civic center events,Elvis Festival and the advertisement of the same) Production/installation/rental/creation of programs/directories for specific events Firework displays 8 an ne afi ags/billboards Business cards Buttons,pins,decals, letterhead,envelopes,postcards,postage Event consultation fee Re-enactors, musicians,entertainers Town tours,itineraries, maps Sponsorship,hosting fees Rental of traveling/special exhibits Event crowd control,safety concerns Promotional items—giveaways Recreational Attractions Advertisements and enhancements of existing and new recreational activities and attractions to be developed to accommodate and increase the number of tourists,for enhancements to water access and riverfronts,snowmcbiling trail system,hiking trails,cycling routes,with displays or improvements to accommodate tourists such as benches,or a gondola for transportation. Mapping and/or brochures Wayfaring/directional signage Clearing/preparation of property for tourist or convention activity or event Any eligible criteria from other spending guideline categories Website Development/Electronic Promotion Expenditures for the following provided that the same is for purposes of promoting tourism,conventions,special events,trade shows, sports and other tourist activities. 7 ,\S\T Tye IN NEW YORN's ADINONDACNs Website design/construction Purchase of images/sound Promotions,purchase of hypedinks Interactive Informational kiosk Email appends Broadcast design/delivery of Newsletters/banner ads Purchase of photographylvideography Purchase of photo enhanced listings Search engine optimization Brochure Production/Distribution General tourism guide,seasonal guide,themed events,flyers,promotional literature,niche—publication(i.e.walking/driving tours, packages,itineraries,coupons,heritage,birding,sports,etc.),post cards,maps,posters. Paid brochure distribution locations Design fees Reproduce brochures to CD/DVD Copywriting/Typesetting Postage/permit fees Prtntinglreproduction/production Photography Advertisements/Promotions Paid advertisements promoting events,activities,packages, attractions,conventions,tradeshows for general tourism development to Warren County communities—Destination Marketing Programs. Co-op partnerships with Warren County-Adirondack Regional Tourism Council,New York State publications,as well as national publications and directories,radio,newsprint/magazine opportunities,television campaigns,and trade/consumer show brochure distribution and exhibit space co-op. Local,regional and/or national advertising,promotional opportunities Production/placement of ads(print,radio,tv) Clipping Service Advertising In trade journals Exhibit graphics Consumer/trade show registration Show staffing expenses Logo development/design/tag linelbranding Business reply cards Product Development(i.e tour packages,itineraries,special events,familiarization tours for operators or media) Coupons Public relations—press kits,press releases,messaging development,printing,mailing,broadcast,services s hre ,\031T T kiso is NEW YBRH'S AOIRBNBACNS M embersh IplAssoclationlAffiliations For the furtherance of Tourism Promotion,(Le,American Bus Association(ABA),New York State Travel and Tourism Association (NYSTIA), National Tour Associatoin(NIA). Specialized Professional Services Expenditures for the following,provided that the same is for purposes of promoting tourism,conventions special events,sport,trade shows and other tourism activities: Shoot photographedvideographer Graphic designer Step on guide services Public relations/marketing agency Speakers/musicians/entertainers/models Airplane/helicopter rentals Adlbrochure/web design Market research,feasibility study Event sponsorship/bid fees Outsourcing to call centers/fulfillment houses Update portions of local history in furtherance of promoting tourism,conventions,special events,sports Educational Tourism Informational kiosk Hospitality training Hosting/attending workshops(i.e,how to market your destination,property or event) Beautification Community signage—welcome/directional signage Plantings/landscapinglstreetscapingllighting/water features furthering establishment or growth of tourism,conventions,sports,special events,bade shows and other tourist activities Informational kiosk Fountains,benches,trail development&enhancement AudloNlsual production,duplication and distribution DVDICDNHS Miscellaneous promotion Purchase mailing lists Mailings/social media targeted lists for specific audiences Capital projects Expenditures may be made for capital projects which facilitate uses by tourists and/or increases tourism to an area by enhancing the environment,improving infrastructures related to tourism,conventions,sports,special events,trade shows,and developing,operating and toudst attractions, Long range recreational plans/projects may also be considered under this funding and are recommended to be coordinated with the Warren County Planning Department. When spending funds for capital projects,It Is necessary that the primary benefit and end result of the project is to increase,enhance and promote tourism and toudst activities.Funding of capital projects that predominantly benefits residents and only inddentally promotes tourism should be avoided.-piena.not.:rma Is not an anmcmay,list andexpendlrara approval a al the discretion of the New County Tcuesm and Occupancy Tax Committee,Legal and couny Auditor. 9 diarrna CsanfT !End sf iSityrrigisers RESOLUTION No.81 of 2023 RESOLUTION INTRODUCED BY SUPERVISORSDICKINSON,MERLINO,WILD,GERACI,STROUGH, RUNYON AND DIAMOND APPROVING THE 2023 OCCUPANCY TAX SPENDING PLAN FOR MUNICIPALITIES AND AUTHORIZING AGREEMENTS FOR TOURISM PROMOTION AND TOURIST AND CONVENTION DEVELOPMENT SERVICES WHEREAS,the County is authorized and empowered to impose a tax upon persons occupying any facility providing lodging on an overnight basis by section 1202-u of the Tax Law(also known as Chapter 422 of the Laws of 2003,as amended)and thereafter,the County enacted various local laws,with the most recent being Local Law 5 of 2018, which imposes and collects occupancy tax in Warren County, and provides that after deducting amounts provided for the County's administration of such tax,that revenues derived from such tax shall be allocated to enhance the general economy of the County of Warren,and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly-related and supported activities,and WHEREAS, the Warren County Board of Supervisors previously approved criteria for issuing awards to municipalities in Warren County through various prior resolutions,to include Resolution 392 of 2021, for the purpose of providing the County's occupancy tax revenues to enhance the general economy of the County of Warren and the City of Glens Falls (the"City"), the Towns of Bolton, Chester, Hague, Horicon, Johnsburg, Lake George, Lake Luzeme, Queensbury, Stony Creek,Thurman, and Warrensburg (the"Towns"),and the Village of Lake George(the"Village"),through each municipalities' promotion of tourist activities,conventions,trade shows,special events,and other directly-related and supported activities, and WHEREAS, the Occupancy Tax Coordination Committee approved a 2023 Occupancy Tax Spending Plan for Municipalities which, in part, would authorize agreements with the City, Towns and Village for the 2023 calendar year,in the revenue amounts set forth on the 2023 Occupancy Tax Municipal Spending Plan Chart herein, as of February 17, 2023: \art\029-23 FEBRUARY II,2023 BOARD MEETING RESOLUTION NO. 81 OF 2023 PAGE 2 OF2 2023 Occupancy Tax Municipal Spending Plan Municipality Amount Notes Town and Village of Lake Combined Town and Village allocation paid to George $150,000 Town of Lake George Bolton $ 60,000 Queensbury $60,000 Remaining Towns &City of $180,000 $20,000 to City of Glens Falls and to each of the Glens Falls eight remaining Towns now, therefore, be it RESOLVED,that the Chair of the Board of Supervisors be,and hereby is,authorized and directed to execute agreements providing 2023 occupancy tax revenue to the City,Towns and Village, as set forth above in the 2023 Occupancy Tax Municipal Spending Plan, effective February 17,2023, and as provided by the preambles of this resolution,in a form approved by the County Attorney,and be it further RESOLVED,that the Warren County Treasurerbe,and hereby is,authorized and directed to pay the amounts specifically set forth above upon receipt of: (1) A fully executed agreement; (2) A copy of the resolution enacted by the Municipality accepting the award and approving the terms of the agreement;and (3)A County voucher, and be it further RESOLVED,that any additional amounts of occupancy tax revenue awarded to the municipalities for the 2023 calendar year shall be subject to the further resolution of the Board of Supervisors. \art\029-23 FEBRUARY 17,2023 BOARD MEETING