4.10 4.10
2022 ORGANIZATIONAL\ADIRONDACK THEATRE FESTIVAL-OCC TAX-6-27-2022
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL
RESOLUTION NO. 12022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the
Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism
Promotion and Convention Development Agreement (Agreement) entered into between the Town and
Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Town Board, and
WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in an
amount of$7,500 with occupancy tax revenues received from Warren County and accordingly enter into
a 2022 Agreement with the Adirondack Theatre Festival for the promotion of numerous performances
and events to Town and area residents and visitors, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between
the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute
the Agreement substantially in the form presented at this meeting, with funding for the Agreement in the
sum of$7,500 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 $7,500;
• Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,500; 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 27t'day of June, 2022 by the following vote:
AYES
NOES
ABSENT:
2022 AGREEMENTS1Adirondack Theater Festival
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This,Agreement is made as of the l' day of January, 2022 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
Adirondack Theater Festival, with a principal place of business located at 50 Elm Street, Glens
Falls, New York 12801 (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 serviceshnaterials to be provided, the costs and the period for performance of services or supply of
inaterials.1
2. Contract Sum
A. For the Services performed and/or materials furnished under this
agreement the Contractor•shall be paid the sum of$7,500. 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 (3)0) 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 fields 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, 2022, whichever date is sooner. On December
31, 2022, 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, 2022 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.
1.0. Non-Discrimination and Employment
The Contractor shall not dischminate 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.I. No Partisan Political Activitv
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. Nan-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.
117. 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, 80') 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:
JOHN F. STROUGH, 111, Town Supervisor
Town Counsel
Date:
ADIRONDACK THEATER FESTIVAL
By:
Tracey Sullivan,,Managing Director
Date:
STATE OF NEW YORK
ss.:
COUNTY OF WARREN
On the � day of_, in the year 2022, 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 fie 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-2022, before me, the undersigned, a Notary Public in and for
said state, personally appeared TRACEY SULLIVAN 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 instrurnent'and
acknowledged to me that he/she executed the same in his/her capacity, and that-by his/her signature on the
instrument, the individual,or person upon behalf of which the individual acted, executed the instrument.
Notary Public
SCHEI)ULE A
Contractor to attach a detailed description of serviceslinaterials to be pr•ovidecl, the costs and
the period for performance-of services or supply of materials.
ff -
20U22 APPLICATION
2022 REQUEST FOR TOWN OF QUEENSBURY OCCUPANCY TAX
Note:completion of the application does not guarantee occupancy rax distribution
i
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, 2022
PRESENTATIONS:TBD
Please complete the following: (Numbered with headings in this format only)
1.;Name of organization: Adirondack Theatre Festival
2. Organization's Address: 50 Elm St Glens Falls, NY 12801
3. Contact names and information:Tracey Sullivan, Managing Director,
518-798-7479
4. Describe your organization:ATF is the leading professional theatre in the Capital Region
dedicated to the production of new works. We also produce the highly successful
Adirondack Film Festival annually.
S. What is the amount you are requesting? $7,500
6. Describe your event:
ATF has been in a period of growth over the last 28 years.ATF has grown in length of time,
number of shows and numbers of audience members who dine at area restaurants,see a show,
and stay overnight in one of the many area hotels. It has more than doubled its audience.And
we've built a film festival (Adirondack Film Festival) in just six years that already attracts sell-out
crowds. Not only is our general attendance dramatically increasing, but also so is our attendance
from outside the local area.ATF&AFF attract audiences from over 30 states(and Canada)
annually.
It's important to note that live theatre is a proven and powerful economic driver Americans for
the'Arts held an extensive study analyzing the economic impact of attendance to non-profit arts
events on 182 regions.The average tourist expenditure,for arts in our region,on non-ticket
related items is$36.39.This results in a total tourist expenditure for our 8,000 visitors in the
2019 season of$291,120 on meals,lodging,and gifts. If Warren County residents are included,
ATF-driven expenditures approach$400,000.
Over the past five years,ATF has focused on driving patrons to local businesses before and after
shows which has helped local establishments to thrive during ATF's period of operation.ATF has
developed a reputation for being a leading non-profit in Warren County with a sizable impact on
the community.
ATF'S ARTISTIC SUCCESS
The shows developed and produced at ATF start in our community and then move on to be
produced on Broadway, off-Broadway,and across the globe.
With these accomplishments and more,ATF is quickly becoming a go-to place for new work
development and 1's no doubt the leading professional theatre in the entire Capital Region
dedicated to the creation of new plays and musicals. Upcoming projects for the 2022 summer
season include groundbreaking and entertaining new works that will continue this tradition of
excellence and national recognition.
There,are very few theaters in the entire country that accomplish what ATF does, developing
major new works that are performed across the globe.These plays and music.als originate in
upstate NY and forever have a stamp on them that says"Made in Upstate New York"which
appears in all future playbills and publications.
Adirondack Film Festival, in just six years of operation, has already grown to be a notable player
in the industry and an event that brings cache to our community. On filmfreeway.corn—the
leading filmmaker submission site—out of nearly 7,000 film festivals,AFF is currently ranked in
the Top 10 of best-reviewed festivals. Most importantly,AFF has been a primary instigator and
advocate for films shot in Glens Falls,Queensbury, Lake George,and the surrounding areas and
has led to the formulation of the Adirondack Film Commission.This has not only brought a
sizable amount of spending to our area, but it's building a massive potential for future spending.
When it reaches scale, the Adirondack Film Festival has the potential to bring in hundreds of
thousands of dollars of spending annually.
7.'Date(s) of the above:June 15,2022-August 7, 2022
8. Estimated number of persons served for this event:8,000-10,000
'
�
9. Describe how your event fulfills the following requirement: Your o tion'smequest
must b8expendedfor promo"tion nf the 7bm/nnfQueensb4r� to
urist
conventions, trade shom�'sp�cia/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 and/or to forward or to encourage or to
advance.
The Town ofQ eensbury~s support ofATF for more than 2O years has always been used to
market productions and programs to the Town's residents through directmail, posters and
other targeted methods. For the coming season it will be vital in our efforts bm provide quality
profess iooe/ theatre atan affordable price tm the tVvvn'ycitizens. The marketing will focus nn
promoting ATFs exciting season of new plays. ATF also supports many QueeDsbury
businesses, working hard tV promote through social media and print advertising the more
than lOO businesses that provide support.
The funds requested this year are tm help fund growth for ATF and/\FF /n order toincrease
attendance further for both events,a great investment needs tobe made/n direct mail and
digital marketing.
10. Do you have empirical data that supports your request? Like number of nights
generated and/or potential economic impact Pfthe event? |fso please describe:
Yes. Our box office records show the zip code of every patron for each season over the past
years. These records-show that QNaensburV residents comprised the vast majority ofour
oudiencmthiopastseason—appm)nirnate/y 2596mf our audience. |tis clear evidence that the
continued support ofATF'smarketing efforts have brought thousands into the local area-to
bolster the economy while also providing a significant number of Queensbury residents with
h|gh'/ave|, affordable entertainment.
I2. Dmes.your organization receive financial support(occupancy tax or otherwise)from the
. county or any other municipality? (sso, please describe:
The City mf Glens Falls
12. *Specific to the funds you amenequesting, please detail below how this money will be
spent:
PROPOSED USAGE OF OCCUPANCY TAX FUNDS AND ANTICIPATED GROWTH
Between the theatre and film festival,ATF spends approximately$6D,0OD annually mmmarketing
(including in-kind support)Lopromote its events throughout the region.This includes high-end
designs, direct mail campaigns,extensive social media campaigns, print ads,signage, and
giveaways. It takes a large financial investment to grow at the rate that/TF0^/\FF has grown
over the past few years, but it has proven to be extremely effective. VVe have seen a clear and
measurable increase in attendance as we spend more and more on marketing.This attendance
of course yields more out-of-town guests, overnight stays, and area shopping and dining.
In 2022,we will continue to focus our budget on marketing efforts to build our audience base in
surrounding areas. While our efforts in recent years have focused strongly on locations within a
half hour radius,now that our local audience has built-up, in 2019 we put a stronger emphasis
on reaching the 30min—2hr radius,which proved successful. We feel the cost acquisition of
these potential customers continues to have the strongest possibility and probability of growth.
Wewill also continue to strongly reach out to tourists in Lake George who have a connection to
the area and provide them with further reasons to return to our area in future summers.
Examples of marketing expenses for the 2022 season include:
Direct mailing list for brochures and postcards
Newspaper listings and advertisements (multiple papers),targeting papers that include
Vermont, Massachusetts, and much of NY for both festivals ,
• High-quality promotional videos for use in social media campaigns including a dedicated
employee to post on social media.
•Targeted social media ads focusing more this year on high-level customer tracking and
acquisition.
Signage on the Wood Theater and in the Downtown area to attract tourists and project
excitement.
With these efforts,we anticipate our ability to continue to grow our efforts to bring visitors and
spending to the area.
Postcard Direct Mailing—5,000 pieces-$1,700
*70%targeted to Queensbury residents
Film Festival Direct Mailing—5,000 pieces-$1,700
Posters—6,750 pieces-$1,000
*approximately 75%placed in Queensbury
Newspaper Program Inserts(Chronicle, Post Star, Observer)—65,000 pieces-$11,000
Newspaper Program Inserts(Chronicle, Post Star,Observer)—Film Fest—50,000 pieces-
$10,000
13. If applicable, explain how you have used the town's occupancy tax distribution(s) in the
past 5 years:
Over the many years that ATF has received funding,the tax distribution has been
continually used to support the brochure mailing, direct mailing, posters, and other
promotional pieces that advertise to thousands of Queensbury residents and thousands
more in the regional area.
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 Say Road, Queensbury, NY 12804 or email at:
You can email for a word document version if you would like.
ATF FY 2022 Budget Summary
Admin Income
Fundraising Events Income 584,902.00
Brewfest income 17,500
Film Festival Income 45,750
34,500
Total 27600
710,252,00
Admin Expense
Fundraising Events Expense 276,346
Brewfest Expense 10,500
Film Festival Expense 32,090
Production Budget 41 22,700
Production Budget 42 The Chinese lady 96,903.12
The Hobbit
Production Budget 43 122,066,60
Production Budget#4 Last Stop Reading 31,276.00
Creative Retreat Mystic Reading 26,676
Summer Staff/intern Expense MYstic Pizza 2,700
Staff Housing 46,500
Total
667,758
2022 Net
42,494,28