3.08 3.8
2016 ORGANIZATIONALTconomic Development Corp.—1-25-16
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT
CORPORATION - WARREN COUNTY
RESOLUTION NO. ,2016
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 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 25th day of January, 2016 by the following vote:
AYES
NOES
ABSENT:
• ANNUAL AGREEMENTS\2016'Economic Development Corporation
AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND
ECONOMIC DEVELOPMENT CORPORATION OF WARREN COUNTY
THIS AGREEMENT,made as of the 1'day of January, 2016, 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 2016 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;
I. Sharing information to the business community in the Town by
Sexchanging 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 2014 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, 2016 upon submission of an Annual 2016 Project
• Plan and 2014 Financial Statements and Project Reports. In addition,
Contractor shall provide the Town with its 2015 Financial Statements and
Project Reports as created by the Contractor's accountants in the normal
course of business by May 31', 2016.
3. The Contractor agrees to furnish to the Town throughout the term of this
Agreement all fmancial 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 2016 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
111 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 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.
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 2016 and shall end on December 30, 2016. 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
ioinsure 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 A
• TOWN SUPERVISOR CHAIRMAN
DATE: DATE:
MAILING ADDRESS: MAILING ADDRESS:
742 BAY ROAD 234 GLEN STREET
QUEENSBURY,NY 12804 GLENS FALLS,NY 12801
0 5
• EXHIBIT A
2016 Proposed Scope of Economic Development Services & Initiatives
EDC of Warren County will deliver services in support of Economic Growth &
Development in 2016, 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) and
work to bring resources/solutions forward to mitigate negative
impact/reverse threat.
3. Program Management: Activities include management & administration of the
110 Empire Zone program benefits for 33 existing businesses in Warren County; 12 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. 2016 Initiatives by EDC—Town/County
a. Create new small business loan program for Queensbury & other
Towns through Warren County LDC,
b. Develop outreach campaign for promotion of economic incentives
for retention and recruitment of industry and manufacturing within
the Town/County/Region,
c. Continue a marketing & promotional campaign for further development of
Queensbury Business Park, Warren/Washington Industrial Park and other
properties within Town/Warren County,
•
• d. Work with Queensbury Officials in planning and development of Carey
Park including infrastructure and marketing needs,
e. 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,
f. President of EDC will serve as a member on the Warren County Airport
Advisory Marketing Committee,
g. 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),
h. Coordinate, support and assist where possible with Queensbury officials,
submittals of New York State Consolidated Funding Applications
(CFA),
• i. Implement $500,000 Warren County — Lake Champlain-Lake George
Regional Loan Fund(ESD Grant$250,000),
j. Expand and strengthen regional (Warren & Washington and Capital
District) economic development recruitment & retention efforts through
coordination with Capital Regional Economic Development Council
(CREDC), Empire State Development Corporation (ESD), Center for
Economic Growth, Adirondack Gateway Council, Lake George Chamber of
Commerce, Adirondack Regional Chamber of Commerce, and other
organizations,
k. Support and assist in efforts of SUNY Adirondack in the development of
New York State Economic Development Initiative"START Up NY",as well
as working with area school systems including Queensbury School District to
develop greater linkage, connectivity and relationship with economic
development organizations and businesses,
•
• 1. 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.
m. Development of a proposed pilot fast track review / permit process/approval
for Queensbury Business Park
*'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.
•
•