Assumption of Contract Topo-Survey Services Resolution 2-23 — Assumption-of-Contract-Topo-Survey-Services-Resolution-2-23.pdf

RESOLUTION
A regular meeting of the Onondaga County Industrial Development Agency was convened
in public session on February 9, 2023, at 8:30 a.m., local time, at 335 Montgomery Street, 2™
Floor, Syracuse, New York.
The meeting was called to order by the (Vice) Chairman of the Agency and, upon roll being
called, the following members of the Agency were:
PRESENT: Patrick Hogan
Janice Herzog
Susan Stancezyk
Kevin Ryan
ABSENT: Victor Janno
Steve Morgan
Fanny Villarreal
ALSO PRESENT: Robert M. Petrovich, Executive Director
Jeffrey W. Davis, Esq., Agency Counsel
The following resolution was offered by Janice Herzog, seconded by Susan Stanczyk, to
wit:

RESOLUTION AUTHORIZING ASSUMPTION OF
CONTRACT FOR TOPOGRAPHY/SURVEY
SERVICES.
WHEREAS, Onondaga County Industrial Development Agency (the “Agency”) is
authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York,
constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated
Laws of New York, as amended (the “Enabling Act”) and Chapter 435 of the Laws of 1970 of the
State of New York and Chapter 676 of the Laws of 1975, as amended, constituting Section 895 of
said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively
referred to as the “Act”) to promote, develop, encourage and assist in the acquiring, constructing,
reconstructing, improving, maintaining, equipping and furnishing of manufacturing, warehousing,
research, commercial and industrial facilities, among others, for the purpose of promoting,
attracting and developing economically sound commerce and industry to advance the job
opportunities, health, general prosperity and economic welfare of the people of the State of New
York (the “State”), to improve their prosperity and standard of living, and to prevent
unemployment and economic deterioration; and

WHEREAS, the Agency currently owns and is developing White Pine Commerce Park
(the “Park”) located northeast of the intersection of NYS Route 31 and Caughdenoy Road,
including the expansion to areas north and east generally located along NYS Route 31 and the east
and west sides of Burnet Road, all in the Town of Clay, Onondaga County, New York; and
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WHEREAS, pursuant to a resolution of the Agency duly adopted on February 7, 2017, the
Agency appointed the firm of O’Brien & Gere (which firm subsequently merged into Ramboll, is
now known as Ramboll and is hereinafter referred to as the “Engineer”) to facilitate engineering
studies necessary in connection with development of the Park; and
WHEREAS, the Agency and the Engineer entered into that certain professional services
agreement on March 20, 2017 (the “Original Agreement”) to memorialize the terms of the
engineering studies the Engineer would provide the Agency in connection with development of
the Park, as amended pursuant to a September 13, 2022 resolution of the Agency by an amendment
to the Service Agreement (the “Service Agreement Amendment” and collectively with the Original
Agreement, the “Service Agreement”); and
WHEREAS, pursuant to the Service Agreement, the Engineer may procure, select, plan,
coordinate and oversee subcontractors in connection with providing the services under the Service
Agreement; and

WHEREAS, in order to further support the continued development of the Park, pursuant
to resolution of the Agency adopted on November 8, 2022, the Agency authorized the Engineer to
procure, select, coordinate and oversee subcontract(s) for survey and topographic work at the Park,
within the scope of the Service Agreement; and
WHEREAS, the Engineer procured two bids and selected Thew Associates PE-LS, PLLC
(“Thew Associates”) as a subcontractor, with the Engineer coordinating and overseeing Thew
Associates, for survey and topographic work at the Park (the “Survey/Topographic Work”), within
the scope of the Service Agreement; and
WHEREAS, pursuant to a resolution of the Agency adopted on November 29, 2022, the
Agency authorized the amendment of the Service Agreement to increase the contract amount by
$109,700.00 for survey and topographic work at the Park (the Service Agreement as so amended,
the “Amended Service Agreement”); and
WHEREAS, the Engineer entered into a contract with Thew Associates with respect to the
Survey/Topographic Work (the “Thew Contract”); and
WHEREAS, pursuant to a resolution of the Agency adopted on February 9, 2023, the
Agency authorized the suspension the Service Agreement effective January 31, 2023; and
WHEREAS, the Agency shall only pay the Engineer for such Survey/Topographic Work
undertaken prior to January 31, 2023; and

WHEREAS, the Agency desires that Thew Associates complete the Survey/Topographic
Work after the January 31, 2023 termination of the Service Agreement; and
WHEREAS, the Executive Director of the Agency has recommended to the Agency that
the Agency assume the Thew Contract in an amount not to exceed $109,200 in order for Thew
Associates to complete the Survey/Topographic Work after the January 31, 2023 termination of
the Service Agreement; and
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WHEREAS, the assumption of the Thew Contract would be an exception to the general
methods of procurement under the Agency’s Procurement Policy as it is a sole source of a
good/service contract, however such exception would be permitted under the Agency’s
Procurement Policy because Thew Associates has substantial prior experience relative to the
Survey/Topographic Work as it has been undertaking such work pursuant to the Service
Agreement and it is an issue of timeliness and cost effectiveness to have Thew Associates complete
the work that Thew Associates is already in the process of undertaking;

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONONDAGA
COUNTY INDUSTRIAL DEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Agency hereby approves the assumption of the Thew Contract.
Section 2. The Executive Director of the Agency is hereby authorized, on behalf of the
Agency and upon the advice of the Agency’s counsel, to execute and deliver such documentation
as is necessary to assume the Thew Contract, in a form or forms to be approved by the Executive
Director, upon the advice of Agency counsel, the execution thereof to constitute conclusive
evidence of such approval.
Section 3. This Resolution shall take effect immediately.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call,
which resulted as follows:

AYE NAY ABSENT
Patrick Hogan Xx
Janice Herzog x
Victor Ianno Xx
Steve Morgan x
Susan Stanezyk x
Kevin Ryan x
Fanny Villarreal x
The Resolution was thereupon declared duly adopted.
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STATE OF NEW YORK »)
) ss.:
COUNTY OF ONONDAGA )
J, the undersigned Secretary of the Onondaga County Industrial Development Agency, DO
HEREBY CERTIFY that I have compared the foregoing extract of the minutes of the meeting of
the members of the Agency, including the Resolution contained therein, held February 9, 2023,
with the original thereof on file in my office, and that the same is a true and correct copy of such
proceedings of the Agency and of such Resolution set forth therein and of the whole of said original
so far as the same relates to the subject matter therein referred to.
I FURTHER CERTIFY that (A) all members of the Agency had due notice of said meeting,
(B) said meeting was in all respects duly held, (C) pursuant to Article 7 of the Public Officers Law
(the “Open Meetings Law”), said meeting was open to the general public and due notice of the
time and place of said meeting was duly given in accordance with such Open Meetings Law, and
(D) there was a quorum of the members of the Agency present throughout said meeting.
J] FURTHER CERTIFY that as of the date hereof, the attached Resolution is in full force
and effect and has not been amended, repealed, or rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand this FG day of February, 2023.
Oo 7
(SEAL) Secretary
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