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3.05 3.5 2018 ORGANIZATIONALEconomic Development Corp.—3-19-18 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION -WARREN COUNTY RESOLUTION NO. ,2018 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of$114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19ffi day of March, 2018 by the following vote: AYES NOES ABSENT: ANNUAL AGREEMENTS\20181Economic Development Corporation AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION OF WARREN COUNTY THIS AGREEMENT, made as of the 1st day of January, 2018, by and between the TOWN OF QUEENSBURY, a municipal corporation existing and operating under the laws of New York State Warren County, New York, (hereinafter referred to as the "TOWN") and the ECONOMIC DEVELOPMENT CORPORATION OF WARREN COUNTY (EDC), a non- profit agency organized and existing under the laws of the State of New York, with its principal place of business at 234 Glen Street, Glens Falls, New York, (hereinafter referred to as the "CONTRACTOR")in the manner following: IN CONSIDERATION OF MUTUAL CONVENANTS AND PROMISES SET FORTH IN THIS AGREEMENT,IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Contractor agrees to furnish economic and community services to the Town and its residents for the 2018 calendar year to facilitate and enhance opportunities for economic growth to create or preserve jobs and employment opportunities and to improve the economic welfare of the residence in the Town of Queensbury, in consideration of the sum set forth below. The services to be provided by this Contractor shall: A. Include those listed on Exhibit A and attached to this Agreement; B. Serve as the first point of contact for the Town of Queensbury for economic development related purposes and services; C. Encourage the development and retention of industry within the Town; D. Promote an expansion/diversity in the commercial and industrial tax base within the 1 Town; E. Attract new industry to the Town and assist such industry in finding appropriate sites and/or buildings together assisting with any economic incentives offered at the local,county, regional,state and federal level; F. Encourage utilization of local contractors and suppliers with expansion and new projects within the community; G. Work with the Town and regional planners and key stakeholders to maximize the efficiency and effectiveness of the economic development of the Town; H. Provide information to the Town Board regarding the best means of encouraging the growth of business in the Town, including expansion of existing industries and attracting new firms to the Town; Sharing information to the business community in the Town by exchanging information and technology for mutual benefit through a variety of methods such as website, social media, workshops, conferences; J. Prepare, furnish and provide information to federal, state and local authorities regarding the positive assets of the Town & region, the needs of the local business community and to act as liaison between the various levels of government and the local business community; K. Continue work toward the following goals: relieve and reduce unemployment and underemployment; promote additional employment with additional job opportunities; identify and promote training and workforce development programs for the individuals and businesses by aligning workforce development efforts to match skill needs of area businesses and industries; undertake appropriate economic development research for the purpose of 2 aiding the community or area; encourage the development or retention of industry in the Town and in effect lessening the financial burdens of taxpayers and government; L. Facilitate interactions and build mutually beneficial relationships with Warren County, surrounding communities and regional entities to promote economic development; 2. The Town agrees to pay Contractor the sum of$114,000, approximately 1% of 2018 General Fund Appropriations in full consideration for the services previously set forth. Such amount shall be paid as follows: A. $114,000 upon submission of Town Vouchers and approval of the Vouchers by the Town Supervisor. Such sum will be paid in equal quarterly installments ($28,500) beginning January, February, or March 2018 upon submission of an Annual 2018 Project Plan and 2017 Financial Statements and Project Reports. In addition, Contractor shall provide the Town with its 2017 Financial Statements and Project Reports as created by the Contractor's accountants in the normal course of business by May 31st, 2018. 3. The Contractor agrees to furnish to the Town throughout the term of this Agreement all financial and program information reasonably requested related to the services provided, such services more specifically set forth in the Exhibit A attached to this Agreement. The Contractor agrees that it will meet with the Town Board on an "as needed" or at the least, quarterly, basis in order to present the Town with progress reports relating to the Contractor's 2018 goals and initiatives as set forth on Exhibit A. 4. The Contractor shall use the amounts payable hereunder as its independent Board of Directors deems appropriate in furtherance of its general purposes as stated in its Certificate of Incorporation, as amended, and Not-for-Profit Corporation Law §1411 and for 3 the specific purposes set forth in paragraph 1 above; provided, however, that the Contractor shall use such amounts only for purposes for which the Town could itself use its own funds. The Contractor shall in its records, copies of which shall be provided to the Town Supervisor, describe the uses of the project funds. In carrying out the purposes of the Contractor and in exercising the powers conferred by Not-for-Profit Corporation §1411, Contractor will be performing an essential governmental function and such activities shall be in the public interest and for a public purpose with independent programmatic' and administrative control. 5. It is understood and agreed that the relationship of the Contractor to the Town shall be that of independent contractor. The independent contractor agrees that it will hold itself in accordance with such status and that it will neither present itself nor claim to be an officer or employee of the Town. The Contractor is not affiliated with nor created by the Town and the financial support set forth in this agreement does not interfere with the Contractor's Board of Directors independent programmatic and administrative control. 6. The Contactor agrees and warrants indemnifying the Town and holding it harmless for any and all claims arising out of the performance of this Agreement which are made against the Contractor. 7. The Contractor agrees that it shall neither assign nor in any manner convey the rights or obligations of this Agreement to any other person, company, or organization without the previous written consent of the Town. 8. This Agreement is for calendar year 2018 and shall end on December 31st, 2018. This Agreement may also be terminated upon the mutual written agreement of the parties. Upon request in writing by the Town, the Contractor shall make a full and final accounting of all town funds received under this agreement within thirty (30) days after notification of cancellation has been issued. This agreement may be renewed with mutual agreement of the parties. 9. It is agreed by the parties that this Agreement constitutes the full and complete agreement by the parties and that it may not be changed orally. 4 10. EDC of Warren County through its President and other EDC representatives will insure that the Town Supervisor is informed of details and progress made pertaining to economic development prospects/projects considering development in Queensbury to the greatest extent possible. 11. The Town Supervisor of Queensbury in his capacity as being duly elected Town Supervisor of Queensbury shall continue to serve as voting member of the EDC of Warren County Board of Directors. IN WITNESS WHEREOF,the parties have signed this Agreement to be effective on the day and year first above written. TOWN OF QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION BY: BY: JOHN F.STROUGH ARLEEN GIRARD TOWN SUPERVISOR CHAIRMAN DATE: DATE: MAILING ADDRESS: MAILING ADDRESS: 742 BAY ROAD 234 GLEN STREET QUEENSBURY,NY 12804 GLENS FALLS, NY 12801 5 EXHIBIT A 2018 Proposed Scope of Economic Development Services & Initiatives EDC of Wan-en County will deliver services in support of Economic Growth & Development in 2018, for the Town of Queensbury; engaging primarily in Economic/Business Development and supporting Economic/Business Improvement, in the following manner: 1. Business & Investment Recruitment: Activities focused on Lead Generation, Prospects & Project Management,to include: • Development of targeted 'primary business'* attraction marketing plan for the Town/County. • Implement primary business retention & expansion strategy — focused on partnering with leadership at existing operations in the Town that are part of a Corporate structure with Headquarters outside the area, to ensure that existing operation site is considered for new Corporate Capital Investment opportunities. • Manage all stages of prospect & project sales process to include identifying resources necessary to close the deal in the Town of Queensbury. 2. Business Retention: Activities focused on retaining existing employers and employment opportunities for the Town including: • Identifying problems & solutions to ensuring operating success. • Building relationships to enhance connectivity between community and existing employers. • Identify trends threats (potential closure/significant job losses/sale) and work to bring resources/solutions forward to mitigate negative impact/reverse threat. 3. Program Management: Activities include management & administration of the Empire Zone program benefits for 2018 for 26 existing businesses in Wan-en County; 8 of which are in the Town of Queensbury. 1 4. Business Improvement: Efforts focused on Competitive Enhancement/Asset Management. Activities include promoting initiatives to strengthen Warren County's ability to compete and win new investments that impact employment opportunities, to include: • Research & Data Management: focused on efforts that fully support economic development goals for the Town. • Focus on identifying asset gaps and proposing solutions. • Focus on cataloguing assets that match customer (private sector business) needs; and oversight of targeted marketing efforts/ • Focus on oversight of Business Development/deal closing activities; and special projects as appropriate to address solutions for 'asset gaps' to enhance overall competitiveness or focused on specific business development projects needing special assistance. 5. Reporting: EDC will track and report on economic development related issues which shall include programs and incentives available from Federal/State agencies that support public and private sector investment opportunities within the Town/County, and report on activities of the EDC on a quarterly basis or as requested. 6. 2018 Initiatives by EDC—Town of Queensbury a. Implement new small business loan program for Queensbury & other Towns through Warren County LDC and EDC Fund with underwriting by NYSBDC (New York State Business Development Corporation). b. Develop outreach campaign via EDC website, EDC news alert, constant contact communications, Linkedln and materials for promotion of economic incentives for retention and recruitment of industry and manufacturing within the Town. c. Continue a marketing & promotional campaign for further development of Queensbury Business Park, Warren/Washington Industrial Park and other properties within Town. d. Assist Town, County, State Officials, and owners of development (Factory Outlet Stores and Great Escape)along Route 9 Exit 20, in implementation of an updated traffic study in this area regarding traffic plans and improvements; scheduled for completion late Fall 2018. e. Continue to support and assist West Mountain Ski Center with their efforts to improve the infrastructure, including year-round amenities, and assist with the$400,000 CFA grant awarded to West Mountain in December 2017. f. Participate with the Town of Queensbury, State, County, BASF officials on future use of former Ciba Geigy Hercules Plant Site (45 acres in South Queensbury) including the CFA approved funding for Warren Economic Opportunity Zone for this region. Study commencing late spring 2018. g. Coordinate, support and assist where possible with Queensbury officials, submittals of New York State Consolidated Funding Applications (CFA). h. Implement $500,000 Warren County — Lake Champlain-Lake George Regional Loan Fund (ESD Grant $250,000). Underwriting will be undertaken by New York State Business Development Corporation. Expand and strengthen regional (Warren & Washington and Capital District) economic development recruitment & retention efforts through coordination with Capital Region Economic Development Council(CREDC), Empire State Development Corporation(ESD), Center for Economic Growth, Lake George Chamber of Commerce, Adirondack Regional Chamber of Commerce,and other organizations. j• Support and assist in effort of SUNY Adirondack in the development of New York State Economic Development Initiative,Excelsior Business Program,as well as working with area school systems including Queensbury School District, to develop greater linkage, connectivity and relationships with economic development organizations and businesses. k. Enhance and align workforce development services with related agencies Workforce Investment Board(WIB),One Stop Center(Warren County),NYS Department of Labor, EPA Job Training Program, Veterans Services, Community Action Agency, NAACP in order to prepare local residents and businesses for appropriate training/retraining in key industries within the region. 1. Development of a proposed pilot fast track review/permit process/approval for Queensbury Business Park. m. Finalize Local Government Efficiency Grant through New York State Department of State consisting of evaluation of shared services between Glens Falls WTP and Washington County Sewer District involving Queensbury, Moreau, Kingsbury and (Village of Fort Edward, Village of Hudson Falls) along with examination of Regional Bio/Solids Initiative. *'Primary business' refers to non-retail focused businesses in economic-driven industries. These have a greater jobs multiplier effect; i.e., one job in these sectors may create 2-3 jobs in secondary businesses such as retail, professional services, etc.