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AGREEMENTS\Economic Development Corp.—7-1-2022 TO 6-30-2023—6-27-22
RESOLUTION AUTHORIZING AGREEMENT WITH
ECONOMIC DEVELOPMENT CORPORATION -WARREN COUNTY FOR
07/01/2022 -06/30/2023
RESOLUTION NO. ,2022
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 therefore wishes to enter into
an agreement with EDC for the period of 07/01/2022—06/30/2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Agreement with the Economic Development Corporation - Warren County in substantially the form
presented at this meeting for the period of 07/01/2022 — 06/30/2023 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 Agreements in substantially the form presented at this meeting and the Town Supervisor
and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 27t'day of June, 2022 by the following vote:
AYES
NOES
ABSENT:
AGREEMENT BETWEEN THE TOWNOFQUEENSBURYAND ECONOMIC
DEVELOPMENT CORPORATION OFWARREN COUNTY
THIS AGREEMENT, made as of the I" day of July, 2022 (with effective date of July 1, 2022 to
June 30,.2023) 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), an 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 COVENANTS AND PROMISES SET FORTH IN THIS
AGREEMENT, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
I Contractor agrees to furnish economic and community services to the Town and its residents for
the 7/l/2022 — 6/30/2023 fiscal 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;
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 finding 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;
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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 ofthe 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;
• identify and promote training and workforce development programs for the
individuals and businesses by aligning workforce development efforts to match
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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;
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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 in full consideration for the
services previously set forth upon Submission of Town Vouchers and approval of the
Vouchers by the Town Supervisor. Contractor shall provide the Project Plans and Project
Reports as reasonably requested by the Town. The Contractor shall provide the town with its
2022 and 2023 Financial Statements as completed by the Contractor's accountants in the
normal course of business by March 2023 and March 2024 respectively.
I 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.
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 2021/2022 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 I 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 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
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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 all
claims arising out of the performance of this Agreement which are made against the Town. To
the fullest extent permitted by law, the Contractor shall indemnify, hold harmless and defend the
EDC, its Board, officers, employees, and volunteers against all losses, claims, actions, demands,
damages, liabilities, or expenses, including but not limited to attorney's fees and all other costs to
defense, resulting from any Contractor breach of this policy. To the fullest extent permitted by
law, the EDC shall indemnify, hold harmless and defend the Contractor, its Board, officers,
employees, and volunteers against all losses, claims, actions, demands, damages, liabilities, or
expenses, including but not limited to attorney's fees and all other costs to defense, resulting from
a EDC breach of this policy.
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 ofthe Town.
9. This Agreement is for the 7/l/2022—6/30/2023 fiscal year and shall end on June 301h, 2023. 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 2021 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.
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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 JAMES SIPLON
TOWN SUPERVISOR PRESIDENT
DATE: DATE:
El XHCIBIT A
2022—2023 Proposed Scope of Economic Development Services& Initiatives
EDC of Warren County will deliver services in support of Economic Growth & Development
in the 7/l/2022 — 6/30/2023 fiscal year, 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.
2. Business Retention Activities to focus on retaining existing businesses.
o Identify issues & solutions to continue operating success.
• ;Build relationships to enhance connectivity between community and existing employers.
• Identify trend threats (potential closure/significant job losses/sale) and work to bring
resources/solutions forward to mitigate negative impact/reverse threat.
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3. Program Management: Activitiesinclude management & administration of the remaining,
Empire Zone program benefits for certain businesses in Warren County; several of which
are 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 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
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and private sector investment opportunities within the Town/County, and report on activities
of the EDC on a quarterly basis or as requested.
6. 2022/2023 Initiatives by EDC-Town of Queensbury:
a. Promote businesses activities with:
Loan program for Queensbury businesses 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):
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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.
commercial enterprises in the two counties having 10 or fewer employees.
Develop outreach campaign via EDC website, EDC news alert, EDC social media
platforms and materials for promotion of economic programs for retention and
recruitment of industry and manufacturing within the Town.
b. Continue a—marketing & promotional coordination of Queensbury Business Park,
Warren/Washington Industrial Park, Warren County Airport (for aviation and non-aviation
projects), Progress Blvd and other properties within Town.
c. Coordinate with the Town potential sources of funding (NYS and Federal) for
implementing Pathway Corridor study by Creighton Manning (Route 9 - Exit 20 area for
traffic, pedestrian improvements.
d. Participate with the Town of Queensbury and BASF on future developmental uses of
former Ciba Geigy Hercules Plant Site (45acresin South Queensbury).
e. Assist with the South Queensbury Brownfield Opportunity Area (BOA), and Glens
Falls officials (adjoining Warren Street BOA to South Queensbury BOA) & and CFA
approved funding for Warren County Economic Opportunity Zone for this region.
f Coordinate, Support and assist where possible with Queensbury officials, and
businesses for Submittals of New York State Consolidated Funding Applications
(CFA).
g. 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.
h. Enhance and align workforce development services with related organizations such as the
Workforce Development Board (WDB), One Stop Center (Warren County); NYS
Department of Labor, Veterans Services, Community Action Agency, NAACP,
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Queensbury School District and B 0 C ES to assist local businesses connecting with
potential employees for appropriate training/retraining in key industries within the region.
is 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, Morea u, 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.
j. Assist retail complexes such as Aviation Mail and outlets in developing potentially
additional or alternatives uses at their respective sites.
k. Working with planning and housing initiatives as they relate to the Town of Queensbury.
1. Advocate for remaining broadband needs.
0 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
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there shall remain an effort to continue to work with existing retail and look to explore
potential, new retail concepts.
ANNUAL AGREEMENTS\2022Tconomic Development Corporation-7-1-2022-6-30-2023
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