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2024 ORGANIZATIONAL\Adirondack Theater Festival—6-17-2024
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL
RESOLUTION NO. ,2024
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 2024 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 2024 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 17'h day of June, 2024 by the following vote:
AYES
NOES
ABSENT:
2024 AGREEMENTS\Adirondack Theater Festival
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
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This Agreement is made as of the 1st day of January, 2024 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 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$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(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 31,2024,whichever date is sooner. On December 31,
2024,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, 2024 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:
JOHN F. STROUGH,III,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 2024,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 2024,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 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 behalf of which 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.
S ci1€buc-e A-
Y
2024
•
(Enter year of request above,required)
REQUEST FOR TOWN OF QUEENSBURY
OCCUPANCY TAX or COMMUNITY FUNDS
Note:Completion of the application does not guarantee occupancy tax distribution or funding
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.
COMMUNITY FUNDING:Funding that would be related to the community and not necessaril.-
related to tourism
Please complete the following:
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 Directvi`
tracev@atfestival.org,518-798-7479
4. Describe your organization:
In 1993,Martha Banta and David Turner,along with a 12-member founding committee,
created the Adirondack Theatre Festival and presented its first 18-day season of new
and contemporary theatre at the French Mountain Playhouse within the Lake George RV
Park.Seeking a permanent home,ATF's founders conceived the transformation of the
Woolworth's Five-and-Dime into the Charles R.Wood Theater,which this year
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celebrates its 20th anniversary.ATF continues to contribute roughly$50,000 in fees paid
to the Wood Theater each year, helping to ensure the continued vibrancy of downtown
Glens Falls and Warren County.
Today,ATF is the leading professional theatre in New York's Capital Region dedicated to
emerging artists, new plays and new musicals. Each summer ATF produces a nine-week
season at the Wood.The organization operates under a Small Professional Theatre
Agreement with Actors' Equity Association (the union of professional actors).The shows
developed and produced at ATF have moved on to be produced on Broadway,off-
Broadway,and across the globe. Now in our 30th season,ATF's prestige continues to
build.Just last week,Glens Falls TODAY Business Report ran a front-page story on ATF
headlined "the best-kept entertainment secret in upstate New York."
5. What is the amount you are requesting?
$7,500
6. Describe your event or community service(expand in#9):
This year,we will build on our prior success by producing shows that will enrich
audiences in our community while drawing attention to our region from around the
state and around the country.
Back in 2010,ATF originated a musical called Murder for Two.Since then, it has enjoyed
an Off-Broadway run, multiple national tours, and hundreds of licensed productions
around the globe. Composer Joe Kinosian and lyricist Kellen Blair,along with book writer
Scott Rothman,will return to ATF this season with Todd vs the Titanic. Following the
premiere at the Charles R. Wood Theater,ATF's production of Todd will then be
presented at the Hangar Theater in Ithaca, NY. Next,ATF will stage a concert
presentation of the new Broadway-bound pop musical The King's Wife with music and
lyrics by Grammy-nominated Nashville songwriter Jamie Floyd.Additionally,ATF will
share a reading of a new play commission written and performed by Jessica Frances
Dukes, a star of the Netflix hit Ozark.
The world takes notice of the brave new work nurtured at ATF. In the last six months
alone,Pump Up the Volume received a Broadway industry presentation,Mystic
Pizza launched a West Coast tour,Murder for Two traveled to Shanghai,and The Life
and Slimes of Marc Summers bowed off-Broadway.This national attention has helped to
make our region a destination for those throughout the Northeast who produce—or
just enjoy—live theatre.
7. Date(s)of the above:
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June 4-August 12,2024
8. Estimated number of persons served for this event:
4,000-7,000
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 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 of Queensbury's support of ATF for more than 20 years has always been
used to market productions and programs to the Town's residents through direct mail,
posters,social media, and other targeted methods. For the coming season it will be
vital in our efforts to provide quality professional theatre at an affordable price to the
town's citizens. The marketing will focus on promoting ATF's exciting season of new
plays. ATF also supports many Queensbury businesses,working hard to promote
through social media and print advertising the more than 50 businesses that provide
support.
The funds requested this year are to help fund further recovery and growth for ATF. In
order to increase attendance further,a great investment needs to be made in
advertising and digital marketing.
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:
Yes. In the wake of the 2020 shutdown and a national decline in theatre attendance,ATF is
a ray of hope. Bucking the national trend, our subscriptions recovered by a stunning 38% -
last season.Our box office records show the zip code of every patron for each season over
the past years. These records show that Queensbury residents comprised the vast majority
of our audience this past season—approximately 25%of our audience. It is clear evidence
that the continued support of ATF's marketing efforts have brought thousands into the local
area to bolster the economy while also providing a significant number of Queensbury
residents with high-level, affordable entertainment.
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.According to Americans for the Arts' "Arts and Economic
Prosperity Calculator,"ATF's total economic impact is approximately$690,000 per year.
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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:
We typically receive occupancy tax support from the City of Glens Falls.
12. *Specific to the funds you are requesting,please detail below how this money will be
spent:
*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/community funding 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.TV or radio advertising would have to include recognition of the Town of Queensbury.SEE TOWN
LOGO:
ATF spends approximately$50,000 annually on marketing(including in-kind support)to
promote its events throughout the region.This includes high-end designs,direct mail
campaigns,video trailers of the shows, extensive social media campaigns,print ads,
digital ads,radio ads,and signage. We have seen a clear and measurable recovery in
attendance as we deepen our investment in marketing and sharpen our strategy.This
attendance of course yields more out-of-town guests,overnight stays, and area
shopping and dining.
In 2024,we will continue to focus our budget on marketing efforts to build our audience
base in surrounding areas. Our interns and performing apprentices will serve as
ambassadors for the festival at venues ranging from the Lake George Club to the Capital
Pride Festival in Albany.Additionally,we are coordinating with our producing partners
to welcome groups from Ithaca and New York City who have a vested interest in the
development of this season's shows. In coordination with business partners such as the
Queensbury Hotel and local restaurants,we are building packages for these visitors with
the goal of promoting Warren County as a convenient and unique weekend destination
for those residing in central New York, downstate,and in the Albany/Schenectedy
region.
Examples of marketing expenses for the 2024 season include:
• Direct mailing list for brochures and postcards(postcard direct mailing—5,000 pieces-
$1,700 *70%targeted to Queensbury residents)
Advertising via multiple newspapers, magazines,and radio stations.
• High-quality promotional videos for use in social media campaigns.
•Targeted social media ads focusing more this year on high-level customer tracking and
acquisition.
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•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.
13. If applicable, explain how you have used the town's occupancy tax/community funding
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 Eberlein,742 Bay Road,Queensbury, NY 12804 or email to
VictoriaE@queensbury.net
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