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AGREEMENTS\Warren County Local Tourism Promotion 2024—7-15-2024
RESOLUTION AUTHORIZING COUNTY OF WARREN
LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT
AGREEMENT FOR 2024 WITH QUEENSBURY
RESOLUTION NO.: 12024
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 2024 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 2024 With Queensbury
(Agreement)and authorizes and directs the Town Supervisor/Deputy Town Supervisor to execute the
Agreement substantially in the form presented at this meeting 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/Deputy 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 15'h day of July, 2024,by the following vote:
AYES
NOES
ABSENT :
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COUNTY OF WARREN LOCAL TOURISM PROMOTION
AND CONVENTION DEVELOPMENT AGREEMENT
FOR 2024 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 2024
Occupancy Tax Spending Plan to authorize contracts with various municipalities for 2024,
NOW, THEREFORE, in consideration of the promises, responsibilities, and
covenants herein,the County and the Municipality agree as follows:
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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 2024 Occupancy Tax Spending Plan, passed by the Warren County
Board of Supervisors as Resolution No. 198 of 2024 on June 21,2024.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 in September 2024 following the
appropriation of funds to be accomplished by separate resolution, 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.
Part II-Use/Accounting of Funds
2. Expenditure ofFunds.
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 2024, 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.
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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 1st of each
year. On or before March 15th 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.
5. Refunds 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 June 21, 2024 through
December 31, 2024, and shall automatically expire on December 31, 2024 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
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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
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
attorney's fees, arising out of activities funded or otherwise carried out pursuant to the
terms of this Agreement.
Part V- Other
8. Nature ofAareement/Independent Contractor. This Agreement is a
funding contract. This Agreement is not intended to create, nor shall it be construed as
creating, a joint 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
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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.
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 bylaw.
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
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IN WITNESS WHEREOF, this Agreement has been executed by the duly
authorized officers of the respective parties.
Approved as to form: COUNTY OF WARREN
Assistant C� AttorneyKEVIN B. GERAGHTY,CHAIRMAN
tY
Board of Supervisors
Date: , j >e,-9
Date: ? 1-?-(
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TOWN OF QUEENSBURY
By:
JOHN STROUGH,SUPERVISOR
Date:
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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 Events/Festivals/Activities/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
Banner/flags/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,snowmobiling 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
Webslte 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.
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Website design/construction
Purchase of images/sound
Promotions,purchase of hyperlinks
• • Interactive Informational kiosk
Email appends
Broadcast design/delivery of
Newsletters/banner ads
Purchase of photography/videography
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.waiking/driving tours,
packages,itineraries,coupons,heritage,birding,sports,etc.),post cards,maps,posters.
Paid brochure distribution locations
Design fees
• • Reproduce brochures to CD/DVD
Copywritingffypesetting
Postage/permit fees
. Printing/reproduction/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 line/branding
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
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MembershlplAssociationlAffiliations
For the furtherance of Tourism Promotion,(i.e.American Bus Association(ABA),New York State Travel and Tourism Association
(NYSTIA),National Tour Associatoin(NTA).
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 photographer/videographer
Graphic designer
Step on guide services
Public relations/marketing agency
Speakers/musicians/entertainers/models
Airplane/helicopter rentals
• Ad/brochure/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/landscaping/streetscapingllighting/water features furthering establishment or growth of tourism,conventions,sports,special
events,trade shows and other tourist activities
Informational kiosk
Fountains,benches,trail development&enhancement
AudioNisual production,duplication and distribution
DVD/CDNHS
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 tourist 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 tourist activities.Funding of capital projects that predominantly benefits residents and only incidentally
promotes tourism should be avolded."pleese note:This is not an all-inclusive list and expenditure approval is at the discretion of the Warren County Tourism and
Occupancy Tax Committee,Legal and County Auditor.
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RESOLUTION No. 198 OF 2024
RESOLUTION INTRODUCED BY SUPERVISORS MERLINO, STROUGH, RUNYON, BEAN, GERACI,
CROCITTO AND STRAINER
APPROVING THE 2024 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 Luzerne, 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 2024 Occupancy Tax
Spending Plan for Municipalities which, in part, would authorize agreements with the City, Towns and
Village for the 2024 calendar year,in the revenue amounts set forth on the 2024 Occupancy Tax Municipal
Spending Plan Chart herein, as of June 21,2024:
\art\008-24 JUNE 21,2024 BOARD MEETING
RESOLUTION NO. 198 OF 2024
PAGE 2OF2
2024 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 2024 occupancy tax revenue to the City,Towns and Village, as set forth
above in the 2024 Occupancy Tax Municipal Spending Plan,effective June 21,2024,with payments to be
made in September of 2024 following the appropriation of funds to be accomplished by separate resolution,
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 Treasurer be,and hereby is,authorized and directed to pay the
amounts specifically set forth above, with all payments to be made in September of 2024 following the
appropriation of funds to be accomplished by separate resolution, 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 2024 calendar year shall be subject to the further resolution of the Board of Supervisors.
\art\008-24 JUNE 21,2024 BOARD MEETING