4.01 4.1
AGREEMENTS\Eastern NY Marine Trades—Great Upstate Boat Show—OCCUPANCY TAX FUNDS—3-9-2020
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury has received a request for funding from the Eastern
NY Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the
Adirondack Sports Complex (The Dome) in the Town of Queensbury on March 27th — 29t, 2020,
and
WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity
and is expected to draw many people to the Town of Queensbury and its surrounding area's hotels
and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the
Town and all of Warren County, and
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town's receipt of occupancy tax revenues from Warren County in accordance with the Local
Tourism Promotion and Convention Development Agreement (Agreement) entered into between
the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Queensbury Town Board,and
WHEREAS, the Town Board wishes to provide funding to the Eastern NY Marine Trades
Association in the amount of$15,000 with occupancy tax revenues received from Warren County,
and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between
the Town and the Eastern NY Marine Trades Association substantially in the form presented at this
meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding
for the Agreement not exceeding the sum of$15,000 and to be provided by occupancy tax revenues
the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all
actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as
follows:
• Revenue Acct No.—050-0000-51113 Occupancy Tax Revenue$15,000;
• Expense Acct.No.—050-6410-4412 Use of Occupancy Tax$15,000; and
BE IT FURTHER,
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 9th day of March, 2020, by the following vote:
AYES :
NOES :
ABSENT:
AGREEMENTS\Eastern NY Marine Trades—Great Upstate Boat Show
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This Agreement is made as of the 1st day of January, 2020 by and between the Town of
Queensbury, a municipal corporation with its principal place of business located at 742 Bay Road,
Queensbury, New York 12804 (hereinafter referred to as "Municipality") and the Eastern NY
Marine Trades Association, with a principal place of business located at P.O. Box 4604
Queensbury,New York 12804 (hereinafter referred to as "Contractor").
WITNESSETH
WHEREAS, the Municipality has received from Warren County certain funding derived
from revenues received by the County as a result of the imposition of the Occupancy Tax
authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003), hereinafter
"Occupancy Tax Funds," and
WHEREAS, Municipality has agreed to expend the Occupancy 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 attach a detailed description of
services/materials to be provided,the costs and the period for performance of services or supply of materials.]
2. Contract Sum
A. For the Services performed and/or materials furnished under this agreement
the Contractor shall be paid the sum of $15,000. 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,
iii) such other documents as are required by the standard billing
procedures of Municipality,
iv) a detailed description of how the funds will be used, as well as
statistical information describing how the Town's financial
investment impacted the program's success, including attendance
figures, demographics, etc.,
v) in the event that Contractor uses subcontractors or material supplier in
connection with the services and or materials furnished under this
agreement, the Contractor shall obtain from any subcontractors or
material suppliers the same documentation required of herein above
of Contractor and submit the same to the Municipality to support
Contractor's claim for payment,
vi) the Contractor shall promote the Municipality in whatever media in
which they spend the Town's contribution including, but not limited
to, the Town's logo being incorporated into written advertising
materials, brochures, radio and/or television ads, etc.
B. Payment shall be made thirty (30) days from:
i) the furnishing of all materials and completion of required work, or
ii) receipt of all documentation required by this section, whichever date
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, 2020, whichever date is sooner. On December 31,
2020, 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, 2020 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
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.
10. Non-Discrimination and Employment
The Contractor shall not discriminate against any employee or applicant for
employment because of race, creed, color, sex, national origin, age, disability or marital status.
Further, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed,
color, disability, sex or national origin (i) discriminate in the hiring against any citizen who is
qualified and available to perform work; or (ii) discriminate against or intimidate any employee
hired for the performance of work funded by this Agreement.
11. No Partisan Political 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' 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,
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:
, Esq. JOHN F. STROUGH, III, TOWN SUPERVISOR
Town Counsel
Date:
EASTERN NY MARINE TRADES ASSOC.
By:
ROGER PHINNEY
EXECUTIVE DIRECTOR
Date:
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
On the day of March in the year 2020, 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 2020, before me, the undersigned, a Notary Public in and
for said state, personally appeared ROGER PHINNEY 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
1 5CI}E1ut_E A
2020 APPLICATION
2017 REQUEST FOR TOWN OF QUEENSBURY OCCUPANCY TAX
Note:Completion of the application does not guarantee occupancy tax distribution
Occupancy tax allocation must be in accord with Warren County's Local Law No.4 of 2003 and
amended by Local Law No. 10 of 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.
SUBMISSION REQUESTS can be submitted up to April 30, 2020
Presentations: May 11, 2020, 7 PM, Town Activities Center
Awarding: Town Board Meeting May 18, 2020 ( Tentative)
Please complete the following:
1. Name of organization: EASTERN NY MARINE TRADES ASSOCIATION
2. Organization's Address: PO BOX 4604, QUEENSBURY, NY 12804
3. Contact names and information: ROGER PHINNEY, EXEC.DIRECTOR, PO BOX 4604,
QUEENSBURY, NY 12804
4. Describe your organization: ENYMTA IS A NON-PROFIT ASSOCIATION THAT INCLUDES
BUSINESSES IN THE MARINE INDUSTRY WITHIN THE 518 AREA CODE REGION. AT LEAST
14 OF THESE ARE BOAT DEALERS WITHIN WARREN COUNTY. THERE ARE SEVERAL
OTHER BOATING RELATED BUSINESSES IN THE COUNTY. WE PRODUCE THE GREAT
UPSTATE BOAT SHOW AT THE ADIRONDACK SPORTS COMPLEX. THE ENYMTA MEMBERS
ARE COMMITTED TO PROFESSIONAL AND RELIABLE SERVICE TO PROVIDE A HIGH
QUALITY BOATING EXPERIENCE. WE ALSO CONTINUE TO PROMOTE THIS REGION AS A
GREAT DESTINATION TO ENJOY BOATING.
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5. What is the amount you are requestin:? $20,000
6. Describe your event:THIS WILL BE OUR 15T. ANNUAL AND HAS GROWN INTO THE
BIGGEST BOATING EVENT IN THE UPSTATE REGION.WE REACH OUT TO A TARGET
MARKET OF BOATERS THAT INCLUDES NY, FROM THE LOWER HUDSON VALLEY TO THE
CANADIAN BORDER,NORTHERN NJ,VT, CT AND MA.A COMPILATION OF ATTENDEE ZIP
CODES IS ATTACHED.WE HAVE ATTRACTED OVER 39,000 TO THIS EVENT SINCE ITS
INCEPTION.THE 2019 EDITION ATTRACTED OVER 3000 VISITORS. MANY PURCHASERS
AT THE SHOW WILL BE RETURNING TO THE AREA TO ENJOY THEIR BOATING EXPERIENCE
IN ALL OF THIS ADIRONDACK REGION.THROUGH THE LIFESTYLE BOOTH VENDORS AT
THE SHOW, VISITORS ALSO FIND MANY OTHER WAYS TO ENJOY THE REGION AND THE
PRODUCTS IT HAS TO OFFER. 14%OF LAST YEAR'S BOAT SALES WERE TO 12804 REGION
RESIDENTS.THIS EXCEEDED$820,000,THUS GENERATING SUBSTANTIAL SALES TAX
DOLLARS PLUS THE DOLLARS FOR GAS, FOOD AND LODGING FROM SHOW
VISITORS/STAFF AND DURING THEIR ADDITIONAL VISITS TO THE REGION TO ENJOY
THEIR BOATS.THE TOWN OF QUEENSBURY LOGO AND WEBSITE LINK IS PROMINENTLY
DISPLAYED IN OUR$90,000 MARKETING
7. Date(s)of the above:MARCH 27-29,2020
8. Estimated number of persons served for this event:3100+ATTENDEES FROM 324
DIFFERENT ZIP CODES FROM 17 STATES.
9. Describe how your event fulfills the following requirement: Your organization's request
must be expended for promotion of the Town of Queensbury,be it tourist activities,
conventions, trade shows,special events and other directly related and supported
activities. Promotion or promoting is defined as furthering the growth of,establishment of,sales,
and/or contributing to the growth,enlargement,or prosperity of andjor to forward or to encourage or to
advance. TO PUT ON THIS EVENT,THE ASSOCIATION SPENDS IN EXCESS OF$44,000
WITH THE ADIRONDACK SPORTS COMPLEX FOR FACILITY RENTAL, FOOD,AND
EQUIPMENT. OVER$19,000 WITH LOCAL RESIDENTS FOR SHOW STAFF. OVER$14,000
WITH LOCAL BUSINESSES FOR PRINTING,SUPPLIES, EQUIPMENT, PARKING FACILITIES,
SHUTTLE RENTALS, ETC. $90,000+IN MARKETING EFFORTS IN AND OUTSIDE OF THE
LOCAL AREA TO PUT TOGETHER THIS MAJOR BOATING EVENT. IT IS THE LARGEST
INDOOR SHOW BETWEEN NYC AND MONTREAL.THE TOWN OF QUEENSBURY IS
INCLUDED IN ALL MARKETING EFFORTS.
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: SHOW
STAFF WILL USUALLY ACCOUNT FOR 80-100 ROOM NIGHTS. MANY OF THE VISITORS
COME FROM ZIP CODES THAT ARE NOT RIGHT IN OUR LOCAL AREA(SEE ZIP CODE
REPORT) . ECONOMIC IMPACT IS DESCRIBED IN ITEM#6 AND#9.
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11. Does your organization receive financial support(occupancy tax or otherwise)from the
county or any other municipality?Is so,please describe: NO OTHER FUNDS RECEIVED.
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12. *Specific to the funds you are requesting, please detail below how this money will be
spent:
PLEASE SEE BUDGET WORKSHEET.
*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 ads,coffee mugs,handouts,etc.,those products must include the Town's logo. Nor radio
advertising would have to include recognition of the Town of Queensbury.SEE TOWN LOGO:
13. If applicable, explain how you have used the town's occupancy tax distribution(s)in the
past 5 years:WE HAVE RECEIVED FUNDS FROM THE TOWN OF QUEENSBURY FOR THE
PAST 3 YEARS.THESE FUNDS WERE UTILIZED PRINCIPALLY WITHIN THE$90,000 USED IN
MARKETING OF THE SHOW. THE SHOW HAS RESULTED IN THOUSANDS OF SALES TAX
DOLLARS FROM IMMEDIATE SALES AT THE SHOW AND BUYERS WHO RETURNED TO
AREA TO MAKE THEIR PURCHASE AS THE BOATING SEASON APPROACHED. MANY ALSO
PAY TO LAUNCH, USE, DOCK,SERVICE AND STORE THEIR BOATS IN THE REGION OVER
SEVERAL YEARS.
Please attach your organization's budget to this worksheet.
Submit application and accompanying documents to Town of Queensbury Supervisor's Office,
Attention to Victoria La Marque,742 Bay Road,Queensbury,NY 12804
3
Great Upstate Boat Show 3/27-3/29 2020 Protected Budget
Member
Floor Space $190,000
Booth Space $2,500
Non-Member
Booth Space $4,000
Ticket Sales $20,000
Total Boat Show Income $216,500
Boat Show Expenses Total Advertising &Promotion $120,000
Damage $1,500
Drapery $8,200
Equipment Rental $2,500
Facility Other Services $2,500
Facility Rental $42,500
Facility Repairs $300
Parking $2,000
Insurance $1,900
Total Labor $19,000
Meals $5,600
Mtsc $500
Plowing $1,450
Postage $500
Prizes $4,000
Products for Resale $3,500
Sales Tax on Tickets $1,400
Signage $2,500
Banners $4,000
Printing $2,500
Supplies $2,000
Shutties/Parling $6,000
Web Site $9,000
Exhibit/Entertainment $1,500
Total Boat Show Expenses $244,850
Net Loss $28,350