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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