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3.03 3.3 2023 ORGANIZATIONALWORLD AWARENESS CHILDREN'S MUSEUM-OCC TAX-6-5-2023 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO. 12023 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 Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the World Awareness Children's Museum in the amount of $9,000 with occupancy tax revenues received from Warren County and accordingly enter into an Agreement with the World Awareness Children's Museum for the year 2023 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2023 Agreement between the Town and the World Awareness Children's Museum and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting, with funding not to exceed $9,000 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 $9,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $9,000; and RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 5t'day of June, 2023,by the following vote: AYES NOES ABSENT: 2023 AGREEMENTS\Worid Awareness Children's Museum LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT This Agreement is made as of the I " day of January, 2023 by and between the Town of Queensbury, a municipal corporation with its principal place of business located at 742 Bay Road, Queensbury, New York 12804 (hereinafter referred to as "Municipality") and the 'World Awareness Children's Museum, with a principal place of business located at 89 Warren 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 servicesr'materials to be provider!, the costs and the period for performance of services or supply of materials.f 2. Contract Sum A. For the Services performed and/or materials furnished under this agreement the Contractor shall be paid the sum of $9,000. 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, 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 , 2023 , whichever date is sooner. On December 31 , 2023, 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 , 2023 as 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 andlor 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. S. 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 boobs, 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 trade 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, S . Nature ofA.greement/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-AssianmendNo 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_ l5 . 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. t 9. Amendment This agreement may not be amended, modified or renewed except by written agreement signed by the Municipality and the Contractor. 20. Severabilit If any term or prevision 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, III, Town Supervisor Town Counsel Date: WORLD AWARENESS CHILDREN'S MUSEUM By; BETHANIE LAWRENCE, EXECUTIVE DIRECTOR. Date: STATE OF NEW YORK ) ss. : COUNTY OF WARREN ) On the _ day of June, in the year 2023, before me, the undersigned, a Notary Public in and for said state, personally appeared JOHN F. STRCIUGH, 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 rite 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 WARDEN } On the day of in the year 2023, before me, the undersigned, a Notary Public in and for said state, personally appeared BETHANIE LA.WRENCE 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or person upon behal F of wh ich the individual acted, executed the instrument. Notary Public SCHEDULE A Contractor to attach a detailed description of services/materials to be provided, the costs and the period for performance of services or supply of materials. 2023 APPLICATION 2023 REQUEST FOR TOWN OF QUEENSBURY OCCUPANCY TAX or COMMUNITY FUNDS Vote' Co npletion n.t the ippl lrcition does not euirar:tee nr.�u p:4nov tdx llr5irrtbut r-n 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 ether directty-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, COMMUNITY FUNDING: Funding that would be related to the community and not necessarily related to tourism Please complete the Following: 1. Name of organization : World Awareness Chiidren's Museum 2. Organization's Address. 89 Warren Street, Glens Falls, NY 12801 3. Contact names and information : Bethanie Lawrence, Executive Director — 518-793-2773; 4, Describe your organization : The World Awareness Children's Museum (WACM) is a 501(c)3 nonprofit located in Glens Falls, NY. It is the only museum in the country with cultural awareness as its core mission. The museum houses a collection of over 8,000 artworks, collected since 1988, made by children from around the world. The museum also holds over 10,000 cultural and historical objects from around the world. Both collections are used in educational programs and in the design of interactive hands-on exhibitions. Families t z and students visit the museum year-round to engage with creative programming and instalfations that provide insight into other cultures. We also provide educational programming to over 2,000 students per year through our school classroom programs. Our programs are presented both in-person in classrooms and virtually via online video conference software. We present programs to over 30 schools throughout Warren, Washington, Saratoga, Rensselaer, Schenectady, and Albany Counties, as well as schools in southern Vermont. S . What is the amount you are requesting? $9,000 G. Describe your event: The Would Awareness Chiidren's Museum respectfully seeks support to work with Nonprofit Megaphone to utilize WACM's $120,000 Google Ad Grant for Nonprofits. 7. Date(s) of the above: July 2023 — June 2024 $. Estimated number of persons served for this event: 10,000 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 aCUVitieS. 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. Please see attached document: Town of Queensbury Occupancy Tax Grant Application 2023 (3 pages) 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 : When people visit the museum, we ask them for their zip code in order to keep track of where guests live. Between January 1, 2019, and !March 31, 2022, we welcomed about 13,000 visitors. Curing a non-pandemic year, we have an average of S,000 to 10,000 visitors ,per year, however, we only had about 2,000 visitors in 2020 and 2,000 in 2021 due to our temporary pandemic closure. (Cue to the pandemic, WACM was closed to the public from March 20, 2020, to July 10, 2022.) Our data from January 1, 2019, through March 31, 2022, shows that 53.93% of our visitors came from six nearby counties: Warren, Washington, Saratoga, Albany, Schenectady, and 2 Rensselaer; while the remaining 46.07% came from other counties within New York or from outside of New York. The breakdown of visitors from those aforementioned six counties (Albany, Schenectady, Rensselaer, Warren, Washington, and Saratoga Counties) from that same time period is as follows: 59.82% live in Warren County 17.78% live in Washington County 10,90% live in Saratoga County 6.29% live in Albany County 2.77% live in Schenectady County 2.44% live in Rensselaer County The impact of promoting our quality museum exhibitions and programs is measured in attendance records, anecdotal reviews, and ratings and reviews from travel websites and social media. Visitors express their enjoyment and appreciation of the museum on Facebook, Google, TripAdvisor, and Yelp, often ending their comments with "My family will be back !" 11. Does your organization receive financial support (occupancy tax or otherwise) from the county or any other municipality? Is so, please describe : In 2022, WACM received $6,000 from the City of Glens Falls and $35,000 ARPA funding from Warren County. 12 . 'Specific to the funds you are requesting, please detail below how this money will be spent : 'Note is 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 tox/community funding you are requesting will be spent an the purchase of promotion products, like media ads, coffee mugs, handouts, etc., those products must include the Town's logo. TV or radio advertising would have to include reeagnition of the Town of Queensbury. SEE 70WN LOGO: 3 4 WACM: Marketing and Tourism 2023 July 2023 June 2024 PROJECT REVENUES EXPLANATION REVENUES EARNED INCOME Admissions: Per Ticket. 57 x 7, 500 S 521500,00 While we plan to see I0,000 visitors during the time of this project, visitors under the age of 3 visit for free. We anticipate 7, 500 paid Note regarding the above admissions and 2 , 500 non-paid admissions. Alt gift shop , membership, and workshop sales during the time of the Counter Sales project - $ 3 ,00fl . 00 PROJECT EXPENSES I EXPLANATION EXPENSES PERSONNEL Executive Director 24 hrs _.__...------ S27/hr Project development and coordination S 650 . 00 C Project development and implementation with the Executive 1 Marketing Coordinator 80 hrs x Director and Nonprofit Megaphone , S1 7/hr I qraphic design- S 1 , 360- 00 ADVERTISING Nonprofit Megaphone 5 6 , 990. 00 A, REVENUES $ 55 5gD.00 S. EXPENSES S 9 00q.00 C. GRANT REQUEST 1.3 . If applicable, explain how you have used the town's occupancy tax/community funding distribution(s) in the past 5 years: 2015: $2A25 in support for the Water, Water Everywhere exhibition's Floating Classroom collaboration with the take George Association 2019: $5,300 for the Wear in the Worid Scavenger Hunt 2020: $3,600 for the digital archives initiative using archival photos for digital marketing 202I: Did not request funding. 2022: $8,268 in support of rack card design, printing, and distribution. a 5 Please attach your organization's budget to this worksheet. Submit application and accompanying documents to Town of Queensbury 5upervisoes Office, Attention to Victoria Ea Marque, 742 Bay Road, Queensbury, NY 12804 s World Awareness Children's Museum Budget 2022 TOTAL OrWnary IncomelExpense Income Individual Contributions S Support Flexible Support 18.000 00 Annual Appeal Support 75.000.00 lndlvidual Contribuoons 3 Support - Other 35,000.00 Total Indlvidunj Contributions & Support 108.000,00 Gout and foundation grants and support 9500.00 Admissions Admiestans - other 22,500.00 Total Admissions 22.500 00 Program Fees Courses, workshops, tour fees 17,500.00 Total Program Fees I 1 500.00 Membership [Hues Revenue 8.000.00 Fundraising Event Revenue Fall Fundraiser 13.000.00 Balloon Fast Revenue 8.000.00 lnternatlonni Cuisine Revenue - Other 34,000,00 Other Total Major Fundraiser Revenue 55 000 00 Fundralsing Event Expenses Fail Fundraleer -3 000 00 Balloon Fast Expense -2.00000 Intern at Iona{ Culsina E:pen a as -4.000.00 Total Fundralsing Event Expanses -9.000 00 Total Fundralsing Event Revenue 46,000.00 Total Income 203,500.00 Expense Total Compensation Salaries and Wages Director 55,341 00 Bookkeeping 4 IGO 00 Marketing w 840 OD Educators 13000,00 Curatorial and Collection Salaries 8. Wages `1 0GO Co V lsitor So micas Sala Oas S Wages 26.582.00 Total Salaries and Wages 116.86300 Payroll Tax Expense IO 847 �0 Disability Insurance 41500 Workers Comp. etc. 200 i10 For Management Purpoess Only Page t of 2 World Awareness Children's Museum Budget 2022 TOTAL_ Health insurance 5.Oss.00 Total Total Compensation 134,393,00 Contract Sarvlca8 Accounting Fees 2. 150 Ge Payroll Company Fees 1,500.00 Total contract Services 3.850.00 Program Expenses courses, workshops, tour expenses 1.00000 Exhibition and Grant Funded Expenses 2,5O-00 Total Program Expenses 3-500.00 Art Collection T 000 00 Supplies and Expenses Supplies and Expenses - Other 1.500-00 Total Supplies and Expenses 1.500-00 Telephone 2.500.Oo postage and Delivery T.50000 Pdnttng Expenses 3 500 00 Facilities maintenance and repairs expenses Elevator maintenance 2,500,00 Trash 950.co Plowing 3.000 00 Fire 660,00 FfVAC 2 ace 00 Other 1 .000.00 Total Facilities maintenance and repairs expenses 10,610,00 Utilities 13.00000 Water and Sewer 2.000.00 Travel Expenses Mileage & Travel Expenses 250.00 Total Travel Expenses 250,00 Insurance (non-employee) Expense Director's and OfRcar's insurance 3,000 00 Liability And Fire insurance Expense 6,000,00 Total Insurance (non-employee) Expense 9 000 00 Ouas and Subscription Expenses 1 500.00 Public Relations & Marketing Expenses Advertising Expenses Advertising Expenses - Other o 000.00 Total Advertising Expenses a' 000.00 Total Public Relations & Marketing Expenses 5 -300 GO Interest Bank & Service Charges 3.000.00 Total Expense 196.903.00 Not Ordinary lncame 6.597.00 Net Income For Management Purposes Only Page 2 of 2