3.10 3.10
2017 ORGANIZATIONAL\Glens Falls Symphony Orchestra—6-19-17
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC.
RESOLUTION NO.: ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by prior Resolution, 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 Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the
cultural development of the community, attracts many persons to the Queensbury area and provides an
economic boon to the community, and
WHEREAS, the Town Board wishes to provide funding to the Symphony in the amount of
$4,500 with occupancy tax revenues received from Warren County and accordingly enter into an
agreement with the Symphony for the year 2017 for the promotion of events to Town and area
residents, 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 Glens Falls Symphony Orchestra, Inc., 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$4,500 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 an increase of appropriations in
Occupancy Tax Account No.: 050-6410-4412 by $4,500 and increase the revenue coded 050-0000-
51113 Occupancy Tax by$4,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2017 Town Budget, make any adjustments, budget amendments, transfers or
prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to
take such other and further action as may be necessary to effectuate all terms of this Resolution,
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 19ffi day of June, 2017,by the following vote:
AYES
NOES
ABSENT:
2017 AGREEMENTS\Glens Falls Symphony
LOCAL TOURISM PROMOTION AND CONVENTION
DEVELOPMENT AGREEMENT
This Agreement is made as of the 151 day of January, 2017 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 Glens
Falls Symphony Orchestra, Inc., with a principal place of business located at P. O. Box 2036,
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 (I) 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$4,500. 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, 2017, whichever date is sooner. On December
31, 2017, 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, 2017 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, Town Supervisor
Town Counsel
Date:
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.
• 1fEDU.E fk
2017 APPLICATION
2017 REQUEST FOR TOWN OF QUEENSBURY OCCUPANOVA*I
Note:Completion of the application does not guarantee occupancy to dis rih op
Request time period:August 1, 2016 to April 30, 2017
Award and distribution:June 2017
Please complete the following:
1. Name of organization: Glens Falls Symphony
2. Organization's Address: P. O. Box 2036
3. Contact names and information:Jennifer Brink
4. Describe your organization:A Professional Symphony Orchestra ok.-ed in Glens Falls that
gives 5-6 regular season concerts at Glens Falls High School Auditorium and 1-2 free
summer pops concerts for the public, in addition to dozens of smaller performances and
community engagement activities. The annual audience is approximately 11,000 people.
5. What is the amount you are requesting?$5,000
6. Describe your event:The annual Summer Concert at Crandall Park for July 4th (this year
again on July 3) brings thousands of residents of Glens Falls, Queensbury, Hudson Falls,
Fort Ann, Lake George, and beyond to a free public concert of patriotic favorites,
marches, and traditional family-friendly music. During the afternoon, other activities
and events entertain the audience, such as: bounce houses, several dozen food vendors,
car shows and the like.The pre-concert activities are followed by the evening concert,
which then culminates in a spectacular fireworks show. Last year we estimate that over
6,000 people were in attendance.
This concert benefits the many residents of Queensbury by providing a family tradition
to enjoy each year. People bring picnics and snacks to enjoy together in the largest
single civic arts event in our area, and with no ticket fee. For many people, this is the
only time they ever hear a live orchestra, and the event stirs patriotism, community, and
regional pride.
As far as we know,this concert is the only large-scale civic event for the
Queensbury/Glens Falls area residents for Independence Day with fireworks.
7. Date(s) of the above:July 3, 2017
1 -
2
8. Estimated number of persons served for this event: 6,000
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.
We know that of the thousands of people who attend this annual concert, many
patronize the following types of businesses in Queensbury:
a. Queensbury restaurants for dining before or after the event.
b. Queensbury restaurants who choose to be vendors at the event do a very brisk
business on the concert day.
c. Queensbury grocery stores who sell food for the event like snack foods,
beverages, sandwich fixings, etc.
d. Businesses selling outdoor gear such as lawn chairs, blankets, picnic baskets,
coolers, hats, sunscreen, etc. •
e. Caterers who provide prepared meals for sharing in groups.
f. Hotels and other accommodations. Many people invite family from out of town
to visit on the July 4th holiday, and schedule their group outing to the concert on
July 3'd, while scheduling their family/home celebrations for July 4th
10. Do you have empirical data that supports your request? If so please describe:
We have many audience members who call us before or after the concert to share their
plans with us, or who talk to us at other events or at the concert. We also get feedback
from vendors and volunteers who share with us what audience members are telling
them, and from other businesses or sponsors who tell us they see and hear about how
many people come to the concert and patronize the local businesses because of it.
The extremely high demand for vendor slots indicates how brisk a business they are
doing on the day.This year we have had to assertively cap the number of vendor slots
so as to keep the environment safe and friendly.
11. Does your organization receive financial support (occupancy tax or otherwise)from the
county or any other municipality? Is so, please describe:
We receive a grant from the City of Glens Falls. However,the support that the City of
Glens Falls provides does not come close to the cost of producing the concert.They also
2
a '
3
provide several police officers, Department of Public Works employees, and they split
with us the cost of Porta-Potties.
12. Specific to the funds you are requesting, please detail below how this money will be spent:
We are seeking support from the Town of Queensbury specifically for two components:
A) To offset a portion of the enormous artistic expense of paying musicians for playing,
travel, cartage, and providing housing to the out-of-town players.This year's concert
will cost more than in 2016 due to a negotiated pay raise with the American Federation
of Musicians Local 506, which brings the artistic budget to over$34,000.This does not
include any administrative overhead or marketing costs, etc. Since this is the
Symphony's largest concert by far, administrative overhead could fairly be apportioned
generously to it, adding more to the$30,000 direct artistic expense.
B) To support our marketing efforts. We are committed to a complete marketing plan
consisting of broadly distributed posters, broadcast and print advertising, direct mailing
of postcards to people outside our patron database in Queensbury and Glens Falls,
social media, email and Facebook communications. The Town of Queensbury would be
recognized for its support (with logo), would be recognition from the stage, in the
concert program book, in our regular season program book, on our website, and in all
references to the event. In addition, official(s)from the Town of Queensbury are invited
to be personally thanked from the stage, since so many of the listeners are Queensbury
residents who would like to recognize their civic dollars at work.
*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. TV or radio
advertising would have to include recognition of the Town of Queensbury.
13. If applicable, explain how you have used the town's occupancy tax distribution(s) in the
past 5 years:The Symphony had not applied for occupancy tax funding prior to October
of 2013.That application was granted for$4,000 for the 2014 July concert.Then $4,000
was granted in 2015 for the July concert.The grant was repeated in 2016. In all three
years, the Queensbury funding has been used to offset the direct costs of producing the
Summer Concert at Crandall Park.
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