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2020 ORGANIZATIONAL\Economic Development Corp.—5-4-2020
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT
CORPORATION - WARREN COUNTY
RESOLUTION NO. ,2020
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 4th day of May, 2020 by the following vote:
AYES :
NOES :
ABSENT:
ANNUAL AGREEMENTS\2020\Economic Development Corporation
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ECONOMIC
DEVELOPMENT CORPORATION OF WARREN COUNTY
THIS AGREEMENT, made as of the 4th day of May, 2020 (with effective date of January 1,
2020) 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") with its principal place of business and mailing address of 742 Bay Road, Queensbury
New York 12804 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 and mailing address of 333 Glen Street, Suite 102, Glens Falls, New
York, 12801 (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 PARI'LLS AS FOLLOWS:
1. Contractor agrees to furnish economic and community services to the Town and its
residents for the 2020 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. Activities outlined in 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 when requested;
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C. Encourage the development and retention of business/industry within the Town;
D. Promote expansion/diversity in the commercial, manufacturing and industrial tax base
within the Town;
E. Attract new industry to the Town and assist such industry in fording appropriate sites
and/or buildings together with assisting with their workforce needs along with any potential
economic incentives offered at the local,county,regional,state and federal level;
F. Encourage utilization of local contractors ,suppliers with construction projects together hiring
employee within the community;
G. Work with the Town and regional planners and key stakeholders to maximize the
efficiency and effectiveness of the economic development needs and goals of the Town;
H. Provide information to the Town Board regarding the best means of
encouraging the retention and growth of business in the Town, including
expansion of existing industries and attracting new firms to the Town;
I. Sharing information to the business community in the Town by
exchanging information through a variety of communication such as website,
social media, workshops, conferences and emails;
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 to work toward the following goals:
• assist in meeting the needs of employers' within the community;
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• 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 aiding the community or area;
• retain and expand industry in the Town and in effect lessen 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;
M. Assist the Town in the furtherance of the Town's and County's cultural
organizations and activities;
2. The Town agrees to pay Contractor the sum of$114,000, approximately one-
percent (1%) of 2020 General Fund Appropriations, in full consideration for the services
previously set forth. Such amount shall be paid as follows:
• $114,000 upon submission of Town Vouchers and approval of the Vouchers by
the Town Supervisor. Such sum will be paid"contractor" in three equal payment
installments ($38,000 June, 2020; $38,000 September, 2020; and $38,000
December,2020). Contractor shall submit current Project Plan and 2019 Financial
Statements and Project Reports. In addition, Contractor shall provide the
Town with its 2020 Financial Statements and Project Reports as created
by the Contractor's accountants in the normal course of business by September,
2021.
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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.
4. The Contractor agrees that it will meet with the Town Board on an "as needed" or at
the least, quarterly or upon other agreed timeframe to present the Town with progress
reports relating to the Contractor's 2020 goals and initiatives as set forth on Exhibit A.
5. 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 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.
6. 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.
7. The Contractor 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.
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8. 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.
9. This Agreement is for calendar year 2020 and shall end on December 31 St, 2020. 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 for 2020 within thirty (30) days after notification of cancellation has been issued.
This Agreement may be renewed with mutual agreement of the two parties.
10. 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.
11. EDC of Warren County through its President and other EDC representatives shall insure
that the Town Supervisor is informed of details and progress made pertaining to economic development
prospects/projects considering development in Queensbury and to matters relating to current businesses
to the greatest extent possible.
12. The Queensbury Town Supervisor in his capacity as being the duly elected Town
Supervisor 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, III EDWARD BARTHOLOMEW
TOWN SUPERVISOR President& CEO
DATE: DATE:
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EXHIBIT A
2020 Proposed Scope of Economic Development Services & Initiatives
EDC of Warren County will deliver services in support of Economic Growth &
Development in 2020, 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 obtaining
Lead Generation, Prospects&Project Management to include:
• Development in consultation with the Town potential targeted 'primary business'*
attraction marketing plan for the Town/County (such as medical device,
paper/wood related, medical/healthcare, fabricating, tourism/hospitality,
information technology and additional recommended targeted "primary
businesses").
• Continue with primary business retention & expansion strategy -focused on
partnering with leadership at existing operations in the Town that are part of a
Corporate structure with their headquarters located outside the Warren County
region to ensure that existing operation site is considered for new Corporate Capital
Investment opportunities.
• Assist the Town in potential projects that are in need of gap financing, and other
resources necessary to finalize the transaction.
Business Retention: Activities to focus on retaining existing businesses
• Identify issues&solutions to continue operating success;
• Build 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
remaining Empire Zone program benefits for certain businesses in Warren County; 8 of which are
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in the Town of Queensbury.
4. Business Improvements 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.
2020 Initiatives by EDC -Town of Queensbury:
a . Promote businesses activities with:
• loan program for Queensbury through Warren County LDC
as administrator of the Warren County Local Development
Corporation organizations:
• US SBA and Pursuit (formerly New York
Small Business Development Corporation;
• EDC Warren County/Washington County LDC/SUNY
Adirondack sponsorship of 10 week Microenterprise Assistance
Small Business Program (offered twice a year; spring & fall at
SUNY Adirondack campus. This program is open to Warren
County/Washington County prospective entrepreneurs and existing
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commercial enterprises in the two counties having 10 or fewer
employees. Develop outreach campaign via EDC website,
EDC news alert, Linked In and materials for promotion of
economic programs for retention and recruitment of
industry and manufacturing wi thin the Town.
b. Continue a marketing & promotional campaign for further development
of Queensbury Business Park, Warren/Washington Industrial Park,
Warren County Airport (for aviation and non-aviation projects) and other
properties within Town;
c. Assist in developing pilot program for fast track review 1 permit/approval
process for Queensbury Business Park;
d. Identify potential sources of funding (NYS and Federal) for implementing
Pathway Corridor study by Creighton Manning (Route 9 —Exit 20
area for traffic, pedestrian improvements;
e. Participate with the Town of Queensbury a n d BASF officials on
future developmental uses of former Ciba Geigy Hercules Plant
Site (45 acres in South Queensbury);
f. Assist with the South Queensbury Brownfield Opportunity Area
(BOA), and Glens Falls officials (adjoining Warren Street BOA to
South Queensbury's BOA) &and CFA approved funding for
Warren C ounty Economic Opportunity Zone for this region;
g. Coordinate, support and assist where possible with Queensbury officials,
and businesses for submittals of New York State Consolidated
Funding Applications(CFA);
h. 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, Council(CEG), Adirondack Regional Chamber of Commerce,
other chamber Industrial Development Agencies and other organizations;
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i. Support and assist in efforts of SUNY Adirondack in the development of
New York State Economic Development "Start U p" Initiative,
Excelsior Business Program;
j. Enhance and align workforce development services with related
organizations such Workforce Investment Board (WIB), One Stop
Center (Warren County); YS Department of Labor, Veterans Services,
Community Action Agency, NAACP, area should district including
Queensbury School District and BOCES in order to assist local
businesses connecting with potential employees for appropriate
training/retraining in key industries within the region;
k. Finalize initial phase Local Government Efficiency Grant through NYS
Department of State consisting of evaluation of shared services
between Glens Falls WTP and Washington County Sewer District
involving Queensbury, Moreau, Kingsbury and (Village Fort Edward
Village Hudson Falls) along with examination of regional bio\solids
initiative so the region can be prepared to submit funding opportunities.
1. Assist retail complexes such as Aviation Mall and outlets in developing
potentially additional or alternatives uses at their respective sites;
• Note: Businesses 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 two to three jobs in secondary businesses such as
retail,professional services, etc. Nonetheless there shall remain an effort to
continue to work with existing retail and look to explore potential new retail
concepts.
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