EDAAgenda2024May2
ECONOMIC DEVELOPMENT AUTHORITY
| THURSDAY, MAY 2ND 2024 |
| 8:00 AM |
COUNTY ADMINISTRATION BUILDING @ FIRST FLOOR CONFERENCE ROOM
107 KENT STREET WINCHESTER, VA
1. Call to Order
2. Partner Showcase –Virginia Economic Development Partnership
3. Approval of Minutes – April 4th, 2024|| ACTION
4. Treasurer’s Report || ACTION
5. Incentive Policy | ACTION
Annual review of incentive policy to reflect current business targets and State
discretionary incentive policies
6. Widget Cup Recap | Information
Annual competition for area’s high school teams to solve a real-life business
problem for a local employer by using skills acquired through Career and
Technical Education (CTE) and Science, Technology, Engineering and Math
(STEM) courses.
7. Such other business as may come before this Authority
DATE: April 26, 2024
TO: Board of Directors,
Frederick County Economic Development Authority
FROM: Patrick Barker, CEcD
Executive Director
CC: Jay Tibbs
Deputy County Administrator
RE: EDA Partner Showcase || Virginia Economic Development Partnership
One outcome from the Strategy discussions was to provide an opportunity for EDA partners to
present to the Board at a regular interval. The presentations would include an overview of the
entity’s operations and activities and how they interact with the EDA.
The next partner showcase is the Virginia Economic Development Partnership. The Virginia
Economic Development Partnership (VEDP) was created by the Virginia General Assembly in
1995 to encourage, stimulate, and support development and expansion of the
Commonwealth’s economy. To accomplish these objectives, the Partnership focuses on
business recruitment, expansion, and international trade. VEDP has offices in Virginia,
Germany, Japan, and South Korea.
With dedicated and knowledgeable professionals committed to Virginia’s economic success,
VEDP helps businesses find the resources they need to make relocation and expansion
successful endeavors.
VEDP is governed by a 17-member Board of Directors. The Board selects the President and
Chief Executive Officer and ensures that VEDP complies with all Board and statutory directives.
The Board works with VEDP’s staff to develop, implement, and update strategic and marketing
plans for the Commonwealth and an operational plan for VEDP.
Jason El Koubi, President and CEO, of VEDP will present virtually. Some of his
comments will center on their strategic plan. Excerpts of their annual report
on the plan’s progress is enclosed. The full annual report can be accessed
HERE.
Jason El Koubi serves as President and CEO at the Virginia Economic
Development Partnership, where he leads VEDP’s overall strategy and
operations to encourage, stimulate, and support the development and expansion of the
economy of the Commonwealth.
Prior to joining VEDP in July 2017 as Executive Vice President, El Koubi was previously President
and CEO of One Acadiana, a regional economic development organization based in Lafayette,
Louisiana. Under his leadership, the organization developed and successfully launched one of
the most successful capital campaigns of its kind in the nation to deliver a new economic
development program for the nine-parish region. In addition, El Koubi served as Assistant
Secretary of Louisiana Economic Development, where he led initiatives that helped secure
projects creating more than 63,000 new jobs along with more than $28 billion in new capital
investment, while dramatically improving Louisiana’s position in virtually every state business
climate ranking.
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Progress Reports
This section offers an update on the progress made by the Virginia Economic Development Partnership Authority
(VEDP) in FY23 relative to VEDP’s Strategic, Operational, and Marketing Plans. These plans were previously
submitted in accordance with Code and other requirements. Because most elements of these plans are treated
with confidentiality and are exempted from mandatory disclosure provisions (Code of Virginia §2.2-3705.7. 33.),
this progress report references specific elements of the plans without revealing information that is protected by
the Code for competitive purposes.
Strategic Plan
The Strategic Plan for Economic Development of the Commonwealth of Virginia adopted by the VEDP Board in FY21
is a five-year plan (FY21-FY25) for which implementation began in January 2021.
Key highlights of Strategic Plan implementation for FY23:
With the support of the administration, the General Assembly, and hundreds of partners, much progress has been
made in implementing many of the initiatives detailed in the Strategic Plan. Following are just a few examples (not
comprehensive):
■To accelerate progress toward achieving our transformational goals, VEDP launched the Innovative Framework
for Economic Growth, a focused effort to cultivate core sectors through strategic engagement and ecosystem
building.
■Developed with strong VEDP support, the Youngkin administration unveiled Compete to Win, the Comprehensive
Economic Development Policy for Virginia, outlining a vision to position Virginia as the best state for business
and take job creation and investment to new heights.
■With new state funding, VEDP awarded $90M in Virginia Business Ready Sites Program (VBRSP) grants to 21 site
development projects across the Commonwealth, representing the largest investment grant round to date.
■Working to advance priorities of Virginia’s rural regions, VEDP collaborated with partners to complete two General
Assembly studies: the Inland Port Study and the Southside-Southwest Virginia Barriers to Infrastructure and
Supply Chain Investment Study.
■With continued state support, the Virginia Talent Accelerator Program affirmed its status as the national leader
for customized talent solutions, ranking Virginia No. 1 in the U.S. for Customized Workforce Training in the 19th
annual Business Facilities State Rankings Report.
■Virginia continued its climb in national business climate rankings, achieving a No. 5 average rank across key
outlets including CNBC, Site Selection, and Business Facilities.
■VEDP continued to grow its international trade capabilities, launching expanded training programs for Virginia
businesses and implementing new tools to enhance access to trade program information.
■VEDP established the Regional Talent Solutions Business Outreach division to engage key businesses across
the Commonwealth and address their talent and growth needs; in its first year, the division made 415 visits to
companies across all of Virginia’s regions.
■Working in collaboration with state, regional, and local partners, VEDP supported nearly 20 federal grant
applications; our recent efforts have contributed to a $52M grant for the Richmond-Petersburg Advanced
Pharmaceutical Manufacturing Cluster, and a $23M grant in support of the Eastern Shore Rail Trail.
■Working in collaboration with our state, regional, and local partners, VEDP-assisted projects resulted in over
10,800 announced jobs and $40.8B in capital investment.
Despite the strong progress that has been made on several fronts, many initiatives detailed in the Strategic Plan
have not yet been implemented. Accordingly, while substantial progress has been made with respect to all five of
the following transformational goals, Virginia has not yet fully achieved them.
Some of the initiatives in the Strategic Plan require new funding to implement and, therefore, achievement of the five
transformational goals will depend on resourcing levels.
Five Transformational Goals
The Strategic Plan includes five transformational goals, the achievement of which would require implementation
of dozens of new initiatives over a period of years (multiple biennium budgets). The five transformational goals are
outlined below, as well as a progress indicator rating the Commonwealth’s status in achieving each of these goals.:
Transformational Goal Description Outlook
1. Robust state job
growth
Position Virginia to achieve a growth rate in employment and median
earned income among that of the top 5–10 states in the U.S.
2. Every region wins Ensure that every region participates in the growth of the Commonwealth
(i.e., all with positive growth in employment and median earned income).
3. Best states for
business
Restore Virginia to its previous position near the top of the national
business climate rankings (i.e., average rank among the top 3–5 states).
4. Top state EDO Reestablish and sustain VEDP as one of America's most effective state
economic development organizations.
5. Super collaborator Exhibit collaboration and coordination as hallmarks of VEDP (i.e., place a
central focus on the "P" in VEDP).
Substantial progress has occurred, but not yet on track to fully achieve goal
Not on track to achieve goal
On track to achieve long-term goal
Not started, or strategy shift under consideration
58
SP1 Build out the best turnkey, customized workforce recruitment and training incentive program
in the U.S.
SP2 Invest in Virginia's pipeline of computer science talent through $1.1 billion Tech Talent
Investment Program
SP3 Develop mechanisms to ensure sufficient supply of high-impact baccalaureate+ degrees
in critical fields
SP4 Develop sub-baccalaureate talent pathways and signaling mechanisms to drive inclusive
economic growth
SP5 Upgrade Virginia's labor market data infrastructure to empower data-driven decision-making
SP6 Work toward creating a comprehensive ecosystem for talent development and deployment
SP7 Strategically enhance Virginia's portfolio of development-ready sites
SP8 Develop a program to enhance Virginia's portfolio of project-ready buildings
SP9 Build a best-in-class Economic Competitiveness team within VEDP
SP10 Pursue a national rankings initiative to develop strategies and plans for marked improvement
SP11 Proactively address key elements of local and regional economic competitiveness
SP12 Assess Virginia's state/local tax burdens and propose targeted solutions to improve tax
competitiveness
SP13 Conduct a review of Virginia's incentive portfolio to identify targeted competitiveness improvements
SP14 Pursue a focused economic development strategy sufficient to position rural Virginia for growth
SP15 Marshal the Commonwealth's full support behind expanding broadband access
Progress Report: Strategic Plan Initiatives
Status update on 35 detailed initiatives
The Strategic Plan provides for 35 detailed initiatives for phased implementation over a period of years
(multiple biennium budgets). Some of the initiatives scheduled for implementation in FY23 were not
funded, slowing progress toward achieving the transformational goals outlined in the Strategic Plan.
Enhance Virginia's Economic Competitiveness
59
Position Virginia for Post-COVID Recovery
PC1 Explore opportunities to
capture growth from
teleworking trends
PC2 Explore opportunities to best
position Virginia to thrive as
supply chains adjust in the
wake of COVID-19
PC3 Explore opportunities to best
position Virginia to support
workers' upgraded skills in
response to COVID-19
Enhance VEDP's Capabilities
SP16 Adhere to protocols for alignment and coordination
SP17 Implement a talent management and organizational
development program for VEDP
SP18 Implement a robust marketing, branding, and site
consultant cultivation program for Virginia
SP19 Upgrade VEDP's lead generation capabilities
SP20 Implement a strategic site consultant cultivation
program
SP21 Expand VEDP's Business Retention and Expansion
(BRE) Program
SP22 Implement Virginia’s International Trade Plan in
collaboration with internal and external stakeholders
SP23 Strengthen VEDP's approach to project management
to communicate Virginia's total value proposition
SP24 Launch a Project Development and Special
Opportunities Fund
SP25 Develop best-in-class incentives reporting and
administration functions
SP26 Position Virginia to secure transformational economic
development projects
SP27 In partnership with the Virginia Chamber, launch Team
Virginia
SP1Build out the best turnkey, customized workforce recruitment and training incentive program
in the U.S.
SP2Invest in Virginia's pipeline of computer science talent through $1.1 billion Tech Talent
Investment Program
SP3Develop mechanisms to ensure sufficient supply of high-impact baccalaureate+ degrees
in critical fields
SP4Develop sub-baccalaureate talent pathways and signaling mechanisms to drive inclusive
economic growth
SP5Upgrade Virginia's labor market data infrastructure to empower data-driven decision-making
SP6Work toward creating a comprehensive ecosystem for talent development and deployment
SP7Strategically enhance Virginia's portfolio of development-ready sites
SP8Develop a program to enhance Virginia's portfolio of project-ready buildings
SP9Build a best-in-class Economic Competitiveness team within VEDP
SP10Pursue a national rankings initiative to develop strategies and plans for marked improvement
SP11Proactively address key elements of local and regional economic competitiveness
SP12Assess Virginia's state/local tax burdens and propose targeted solutions to improve tax
competitiveness
SP13Conduct a review of Virginia's incentive portfolio to identify targeted competitiveness improvements
SP14Pursue a focused economic development strategy sufficient to position rural Virginia for growth
SP15Marshal the Commonwealth's full support behind expanding broadband access
SP28 Position Virginia to be one of
America’s leading states for
traded-sector tech growth
SP29 Collaborate with The Port of
Virginia to enhance its
economic development impact
SP30 Enhance the toolkits,
strategies, and assets on
hand to attract targeted firms
SP31 Implement the Rural and
Small Metro Tech Centers
Initiative
SP32 Support entrepreneurship and
innovation ecosystem efforts
Cultivate Target Industry Clusters
Substantial progress has occurred, but not yet on track to fully achieve goal
Not on track to achieve goal
On track to achieve long-term goal
Not started, or strategy shift under consideration
Enhance Virginia's Economic Competitiveness
Commonwealth Center for Advanced Manufacturing, Prince George County
61
Progress Report: Operational Plan
VEDP’s Operational Plan outlines specific and incremental actions for VEDP staff to undertake within a fiscal year
in order to ultimately achieve the transformational goals of the organization’s Strategic Plan. FY23’s Operational
Plan covers the time period between July 1, 2022, and June 30, 2023. During the second half of FY23, VEDP
also launched planning efforts for the new Innovative Framework for Economic Growth. Given its far-reaching
implications for the organization, some major initiatives were modified and/or delayed until the Innovative
Framework is fully implemented in FY24.
Major Initiatives
VEDP prioritized 11 major initiatives in its FY23 Operational Plan, as summarized below.
Major Initiative Status
Build out the best customized workforce recruitment and training incentive program in the U.S.
Develop long-term Real Estate Solutions strategy that includes execution of expanded VBRSP
program and a regional ecosystem approach to site development
Expand Virginia exports and strengthen supply chains through implementation of high-priority
elements of the International Trade Plan
Accelerate efforts toward achieving national leadership in tech sector growth across Virginia
Align and integrate VEDP’s business outreach activities to achieve increased coverage and impact
Support development of Governor’s Comprehensive Economic Development Policy to include
analyzing the economic context
Build out VOEE's operating structure and execute on priority deliverables
Strengthen VEDP’s lead generation, project management capabilities, and related support functions
(pending additional funding)
Enhance industry strategies by fully leveraging existing assets and developing new capabilities
(pending additional funding)
Launch an Offshore Wind Supply Chain Grant Program to establish an end-to-end supply chain of
small businesses within the Commonwealth
Finalize comprehensive HR talent management strategy and launch priority components
Partially completed Did not achieve goalGoal achieved as planned Change in approach/focus
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Progress Report: Marketing Plan
VEDP executes a variety of marketing initiatives
each year to build awareness among executives
and site selection consultants of Virginia’s attractive
business climate and many assets for businesses.
Because business site-selection processes rely on
both quantitative assessments as well as qualitative
perceptions of regions and states, strategic marketing
efforts can make a substantial impact on a state’s
ability to attract investment. VEDP focuses its marketing
efforts on eight key industry sectors and several related
subsectors.
FY23 Marketing Highlights:
■Implemented a targeted site selection consultant
cultivation effort to raise awareness and improve
perceptions of Virginia as a premier business
destination among this highly valued influencer group.
■In partnership with Team Virginia, hosted dozens of
top site consultants in Virginia Beach for the Virginia
Consultants Forum.
■Published four editions of Virginia Economic Review,
a quarterly magazine featuring Virginia’s assets and
advantages for business, including rural Virginia, as
well as interviews with national and in-state thought
leaders.
■Implemented a C-level testimonial campaign featuring
companies located in Virginia.
■Oversaw implementation of VEDP’s event marketing
program.
■Produced and maintained a high-quality web presence
on VEDP.org, ExportVirginia.org, and VOEE.org.
■Placed multiple, limited ad campaigns, as well as
contributed content, to raise awareness and improve
perceptions of Virginia as a business destination.
■Created new brochures and website content for
several industry sectors.
Note: To shield strategic initiatives from competitors, the update
provided in this document is purposely high-level. Additional details
about VEDP’s marketing and lead generation activities can be provided
to in-state partners through in-person briefings.
Informing and Transforming How
VEDP Markets Key Industries:
In FY23, VEDP completed a major refresh of
its value proposition materials — with deep
dives on Virginia’s key industry sectors
— to better position the Commonwealth.
Consistently branded, the continued
value proposition collateral and content
provides comprehensive looks at the state’s
assets and the advantages of a Virginia
location. From brochures to web to branded
collateral, these pivotal pieces help guide
how the organization markets Virginia to
prospects and target audiences.
63
Pictured right (from top to bottom): Virginia
Economic Review; Issues Q3 2022, Q4 2022,
Q1 2023, and Q2 2023
Focus on Regions in Proximity
to High-Unemployment Areas:
VEDP balances its marketing efforts
by highlighting all regions of Virginia
(including rural areas and assets) through
social media, Virginia Economic Review,
site selection consultant and media
familiarization tours, and inclusion
of regional and local partners in lead
generation events.
Most (59%) of the partner mentions in
FY22 on VEDP’s X (formerly known as
Twitter) account were of a rural locality
or region.
Spotlighting the Breadth and
Diversity of the Commonwealth
The third-quarter 2022 issue of
Virginia Economic Review (pictured
top right) featured every region of the
Commonwealth in highlighting Virginia’s
wide array of tourist trails, from
recreational trails to historical tours,
presidential sites, cultural trails, and
food and beverage trails.
MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
| THURSDAY, APRIL 4, 2024 |
A meeting of the Frederick County Economic Development Authority was held on
Thursday, April 4, 2024, at 8:00 a.m. in the County Administration Building, First Floor
Conference Room, 107 North Kent Street, Winchester, Virginia.
PRESENT: Rick Till, Bryan Fairbanks, Diane Kearns, Stan Crockett and Gary Lofton.
Due to illness, Judy McCann-Slaughter participated by phone which was approved
by Board members present.
STAFF: Patrick Barker, Shayla Rickard, Wendy May, and Donna McIlwee, Frederick
County Economic Development Authority; and Michael Bryan, EDA Attorney;
APPROVAL OF MINUTES
The minutes from the February 1, 2024, meeting were presented. Since Ms. Kearns was
not present at that meeting, she will be noted as absent in the minutes. On motion duly
made by Mr. Fairbanks and seconded by Mr. Lofton, the minutes were approved as corrected
by the following recorded vote:
J. Stanley Crockett Aye
Bryan Fairbanks Aye
Diane Kearns Aye
Gary Lofton Aye
Judy McCann-Slaughter Aye
Karen Swecker Absent
Rick Till Aye
TREASURER'S REPORT
Mr. Barker submitted the following reports:
Checking Account - Bank of Clarke as of January 31, 2024 - $5093.22
Intrafi Account – Bank of Clarke as of January 31, 2024 - $2,909,442.96
Checking Account - Bank of Clarke as of February 29, 2024 - $25,413.22
Intrafi Account – Bank of Clarke as of February 29, 2024 - $2,894,415.39
Page 2 of 3
Frederick County EDA Meeting Minutes | April 4, 2024
On motion of Ms. Kearns, seconded by Mr. Lofton, the Treasurer’s Reports were
approved by the following recorded vote:
J. Stanley Crockett Aye
Bryan Fairbanks Aye
Diane Kearns Aye
Gary Lofton Aye
Judy McCann-Slaughter Aye
Karen Swecker Absent
Rick Till Aye
FREDCO EATS
Ms. May, Marketing Manager, gave a recap of the 2024 Restaurant Week and Agribusiness
Conference. This year, 20 eateries participated in Restaurant Week and 15 responded to a
survey showing a 100% satisfaction rate. The 2025 event will be held January 27 – February 2,
2025.
The inaugural Cultivate Your Agribusiness Conference was held on February 21, 2024, at Laurel
Ridge Community College with 113 participants. Nine workshops were offered across three
tracks focused on considerations for starting and growing an agribusiness in the Northern
Shenandoah Valley. The half-day event culminated with a keynote address by Matthew Lohr,
Virginia’s Secretary of Agriculture. Next year’s event is scheduled for February 20, 2025.
INCENTIVE POLICY
Mr. Barker reviewed the EDA’s incentive policy. He stated this policy governs all aspects of the
local economic development incentive grant process and staff recommends an EDA Board
review annually. An updated document had been distributed earlier to the Board for review.
Mr. Barker noted the most significant revision is related to the Agricultural & Forestry Industry
Development Fund. The minimum requirements for this program were inserted for consistency
and clarity purposes. Details related to necessary wage levels to qualify have been updated.
Other revisions are intended for clarity purposes. Staff is seeking approval of the document.
Mr. Lofton questioned if the Fund can be used by small start-up businesses. Mr. Barker stated
that these types of businesses would be directed to the Small Business Development Center as
the Fund requires a Performance Agreement, is ROI based, and recipients must pay tax on any
grant money received.
Ms. Kearns stated she felt the EDA Chair should be moved up to the review level and that there
was a sentence missing on the first page, 3rd paragraph. Mr. Barker then reviewed the
composition of the Review Committee.
Page 3 of 3
Frederick County EDA Meeting Minutes | April 4, 2024
Mr. Till requested that Mr. Barker circulate to the Board members a red line version of the
document for review and approval at the May Board meeting.
TARGET INDUSTRY ANALYSIS UPDATE | VALUE PROPOSITION UPDATE 2024
Mr. Barker stated that, as the Board may recall from their Target Industry Analysis update,
value propositions were created for each targeted industry segment. A value proposition refers
to the value Frederick County promises to deliver to companies in each target industry sector
should they choose to locate in Frederick County. Regular updates to the value proposition are
necessary to maintain relevancy. Initial work was completed in December 2022 and Chmura
Economics was contracted again to compare the Frederick County MSA to 28 competing MSAs
on various demographic economic indicators, as well as industry and occupation variables for
the EDA Industry Targets. He then reviewed the updated results.
PROJECT ANNOUNCEMENTS OF TARGETED INDUSTRIES
Mr. Barker reviewed a summary of announcements for the past 12 months from across the U.S.
of the EDA Targeted Industries. He stated this review aligns with the action step within the
Business Attraction goal of the EDA Strategy.
GROCERY STORE ATTRACTION
Mr. Barker gave an update on his efforts to encourage grocery stores to locate in Frederick
County. Three have shown moderate interest, 3 have long-term market consideration, and 2
have no interest.
SUCH OTHER BUSINESS AS MAY COME BEFORE THIS AUTHORITY
Upcoming EDA events include the Widget Cup at Millbrook High School on April 11 and the
Employer Expo in May at Shenandoah University.
Ms. Kearns stated she would like to have a list of current industries in the area by industry
clusters. Mr. Barker will work on.
ADJOURN
There being no further business to come before this Authority, the meeting was adjourned at
8:50 a.m.
________________________________ ____________________________
Richard Till Jay Tibbs
Chairman Secretary
DATE: April 26, 2024
TO: Board of Directors,
Frederick County Economic Development Authority
FROM: Patrick Barker, CEcD
Executive Director
CC: Jay Tibbs
Deputy County Administrator
RE: Incentive Policy | Update
The Incentive Policy governs all aspects of the local economic development incentive grant
process (i.e., who qualifies, process for approval, who conducts the audit of a company’s
performance and who reviews performance agreements). Staff recommends the EDA Board
review this document annually.
The most significant revision is related to the Agricultural & Forestry Industry Development
Fund. The minimum requirements for this program are inserted for consistency and clarity
purposes. Details related to necessary wage levels to qualify have been updated. Other
revisions are intended for clarity purposes.
Staff is seeking EDA approval of the document.
FREDERICK COUNTY, VIRGINIA BUSINESS INCENTIVE GUIDELINES
April 2024 DRAFT
ELIGIBLE BUSINESSES
At the discretion of the Frederick County Board of Supervisors, qualified businesses that are
locating to or expanding within Frederick County, Virginia may be offered incentives outlined in
these guidelines. Industries within targeted sectors (list follows) will receive priority
consideration.
Corporate Services Advanced Manufacturing
Administrative Services Boiler, Tank, and Shipping
Containers
Management of Companies and
Enterprises
Cement/Concrete
Professional, Scientific, and Technical
Services
Control Instruments
Information Technology Electric Vehicle and components
Computer Systems Design and Related
Services
Lime/Gypsum
Data Processing, Hosting, and Related
Services
Metals
Petroleum/Coal
Finance & Insurance Plastics
Depository Credit Intermediation Printing
Non depository Credit Intermediation Wood
BioScience Food & Beverage
Medical and Diagnostic Laboratories Animal
Pharmaceutical and Medicine
Manufacturing
Dairy
Scientific Research and Development
Services
Fruit and vegetable
Grain
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Frederick County Incentive Policy
DRAFT APRIL 26 2024
QUALIFICATIONS
Businesses Moving to or Expanding in Frederick County, Virginia
Frederick County may elect to match the discretionary incentives offered by Virginia, including
the Commonwealth Development Opportunity Fund, Agriculture & Forestry Industries
Development Fund (AFID) and Virginia Investment Performance Grant), or provide cash
appropriations as authorized by Virginia Code § 15.2- 953 or other applicable law.
Minimum Requirements
The company should create a minimum of 5 full time new jobs over a 36 month period
which provides an average annual wage for the new jobs of at least equal to the
prevailing average annual wage in the locality, excluding fringe benefits. The average
annual wage for Frederick County, VA as of 3rd Quarter 2022 2003 is $$57,965 56,565.
The company must make a minimum $5 million investment in buildings, land and
equipment over a 36-month period.
The company must produce “value-added agricultural or forestal products. (AFID only)
The company must commit to purchasing at least 30% of the agricultural or forestry
products to which the facility is adding value will be grown within Virginia. (AFID only)
Frederick County must be competing with another jurisdiction for the company’s final
location decision.
A company, must be in one of the targeted industries, will be given priority.
Incentive Guidelines
The types of incentives available to businesses moving to or expanding in Frederick County will
be limited to:
Public infrastructure improvements, such as roads, sidewalks, parking facilities, etc.
Cash appropriations as authorized by Virginia Code § 15.2-953 or other applicable law.
A performance agreement is executed between the County and the Company and State and the
Company (if applicable) outlining the agreed-upon job creation, capital investment, and
purchase of Virginia-grown agricultural or forestry products (if applicable).
Public announcement of the project is coordinated with the Governor’s Office and/or the
County.
Page 3 of 5
Frederick County Incentive Policy
DRAFT APRIL 26 2024
Frederick County Companies Expanding Within Frederick County
Minimum Requirements
The company must create a minimum of 5 full-time new jobs.
The company must make a minimum $2.5 million investment in buildings, land and
equipment.
If The full-time jobs are created by the company, they should pay a minimum entry-level
wage rate per hour of at least 120% of the Federal Minimum Wage or the Virginia
Minimum Wage as defined in the Virginia Minimum Wage Act § 40.1-28.8, whichever is
higher, and qualifying for benefits are eligible for funding. Based on this, the full-time
jobs should pay at least $11.40 an hour.
The company must produce “value-added agricultural or forestal products. (AFID only)
The company must commit to purchasing at least 30% of the agricultural or forestry
products to which the facility is adding value will be grown within Virginia. (AFID only)
Frederick County must be competing with another jurisdiction for the company’s final
location decision.
A company, must be in one of the targeted industries, will be given priority.
Incentive Guidelines
The types of incentives available to companies expanding within Frederick County will be
limited to:
Public infrastructure improvements, such as roads, sidewalks, parking facilities, etc.
A match of the Virginia Jobs Investment Program grant.
Cash appropriations as authorized by Virginia Code § 15.2-953 or other applicable law.
A performance agreement is executed between the County and the Company and State and the
Company (if applicable) outlining the agreed-upon job creation, capital investment, and
purchase of Virginia-grown agricultural or forestry products (if applicable).
Public announcement of the project is coordinated with the Governor’s Office and/or the
County.
Page 4 of 5
Frederick County Incentive Policy
DRAFT APRIL 26 2024
PROCESS
Project Review and Audit Committee
All projects requesting discretionary incentives from Frederick County are reviewed by the
Project Review and Audit Committee. Committee members include the EDA Director, County
Attorney, County Administrator and Assistant County Administrator. The following are the
responsibilities of the committee:
Review all elements of the project
Consider strategic, competitive and financial implications
Evaluate ROI analysis
Approve proposed conditions (examples follow) for release of Local Economic
Development Incentive Grant (LEDIG.)
o Portion of funds released upon Certificate of Occupancy issuance and/or certain
number of jobs hired and/or capital investment
o Per job basis as employees ramp up
o Upon start of construction
Determine whether to proceed to executive session with Board of Supervisors
Approve project offer letters upon concurrence from Board of Supervisors in executive
session
Conduct yearly audits of open performance agreement
Performance Agreement
Every project receiving a LEDIG must have a performance agreement. An example of a
performance agreement is included. At a minimum, the performance agreement must contain
the following:
Definition of key aspects like capital investment, new jobs, performance date and target
Process in which specific dates when grants will be distributed and how grants will be
repaid, if necessary
Reporting procedure of company to targets
The following individuals will review and provide comments, within 5 business days when
possible, to any performance agreement
Applicant Company or Applicant’s Company’s counsel
EDA Director
EDA Counsel
EDA Chair
Frederick County Attorney
Assistant County Administrator
VEDP Counsel (if applicable)
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Frederick County Incentive Policy
DRAFT APRIL 26 2024
State Attorney General (if applicable)
Upon completion of review and comment by the above, the performance agreement will be
additionally circulated for seven business days to the EDA Chairman, the representative of the
Board of Supervisors and the Frederick County Treasurer’s Office. After which, the
performance agreement will be submitted to the Board of Supervisors for final approval at least
five business days prior to the next Board of Supervisors meeting at which the proposed
agreement is to be considered. Final approval of the Performance Agreement is by the
Frederick County Board of Supervisors and the EDA Board of Directors.
SAMPLE LEDIG Performance Agreement FINAL 1
LOCAL ECONOMIC DEVELOPMENT INCENTIVE GRANT
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this X day of X 202X by and
among the COUNTY OF FREDERICK, VIRGINIA (the “Locality”), LEGAL NAME
(“Company”), and the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY
OF FREDERICK, VIRGINIA (the “Authority”), a political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Locality wishes to make a Local Economic Development Incentive Grant
in the amount of $VALUE (the “LEDIG”) through the Authority to Company for the purpose of
inducing Company to expand, equip, improve, and operate its production operations located in
the Locality (the “Facility”), thereby making a significant Capital Investment, and creating and
Maintaining a significant number of New Jobs, as such capitalized terms are hereinafter defined;
WHEREAS, the Locality is willing to provide the funds to the Authority with the
expectation that the Authority will provide the funds to or for the use of Company, provided that
Company promises to meet certain criteria relating to Capital Investment and New Jobs;
WHEREAS, the Locality, the Authority and Company desire to set forth their
understanding and agreement as to the payout of the LEDIG, the use of the proceeds of the
LEDIG, the obligations of Company regarding Capital Investment and New Jobs, and the
repayment by Company of all or part of the LEDIG under certain circumstances;
WHEREAS, the expansion, equipping, improvement, and operation of the Facility will
entail a capital expenditure by or on behalf of Company of approximately $VALUE of which
approximately $VALUE will be invested in machinery and tools, and approximately $VALUE
WHEREAS, the expansion, equipping, improvement, and operation of the Facility will
further entail the creation and Maintenance of VALUE New Jobs at the Facility; and
WHEREAS, the stimulation of the additional tax revenue and economic activity to be
generated by the Capital Investment and the New Jobs constitutes a valid public purpose for the
expenditure of public funds and is the animating purpose for payment of LEDIG to Company: SAMPLE
SAMPLE LEDIG Performance Agreement FINAL 2
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions.
For the purposes of this Agreement, the following terms shall have the following
definitions:
“Capital Investment” means a capital expenditure by or on behalf of Company in taxable
real property, taxable tangible personal property, or both, at the Facility, excluding existing real
property improvements. The purchase or lease of furniture, fixtures, machinery and equipment,
including under an operating lease, by or on behalf of Company will qualify as Capital
Investment. The Capital Investment must be in addition to the capital improvements at the
Facility as of DATE. The total expected capital expenditure of $VALUE is referred to in this
Agreement as the “Capital Investment.”
“Maintain” means that the New Jobs will continue without interruption from the date of
creation through the Performance Date. Positions for the New Jobs will be treated as Maintained
during periods in which such positions are not filled due to (i) temporary reductions in Company’s
employment levels (so long as there is active recruitment for open positions), (ii) strikes, and (iii)
other temporary work stoppages.
“New Job” means new permanent full-time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by Company for the employee, and
for which Company pays an average annual wage of at least $VALUE (W-2 wages, including
without limitation, any annual Partners In Performance (“PIP”) bonus). Each New Job must
require a minimum of either (i) 35 hours of an employee’s time per week for the entire normal
year of Company’s operations, which “normal year” must consist of at least 48 weeks, or (ii)
1,680 hours per year. Seasonal or temporary positions, positions created when a job function is
shifted from an existing location in the Commonwealth, and positions with construction
contractors, vendors, suppliers and similar multiplier or spin-off jobs shall not qualify as New
Jobs. The New Jobs must be in addition to the VALUE full-time jobs at the Facility as of DATE
“Performance Date” means DATE. The Performance Date shall not be subject to
extension.
“Targets” means Company’s obligations to make Capital Investments at the Facility of
at least $VALUE and to create and Maintain at least VALUE New Jobs at the Facility, all as of
the Performance Date.
“Virginia Code” means the Code of Virginia of 1950, as amended.
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SAMPLE LEDIG Performance Agreement FINAL 3
Section 2. Targets; Statutory Criteria.
(a) Targets: Company will expand, equip, improve, and operate the Facility in the
Locality, make Capital Investments at the Facility of at least $VALUE, and create and Maintain
at least VALUE New Jobs at the Facility, all as of the Performance Date.
(b) Prevailing Wage: The average annual wage of the New Jobs of at least $VALUE.
Section 3. Disbursement of the LEDIG; Use of Proceeds
(a) Disbursement of the LEDIG: As an inducement to Company to achieve the
Targets at the Facility and provided that Company is not in default under the terms of this
Agreement, the Locality will disburse $VALUE of LEDIG proceeds through the Authority to
Company in one installment as follows:
(i) An installment of $VALUE will be paid by the Locality to the Authority and by the
Authority to Company after DATE, but no later than DATE.
Section 4. Repayment Obligation.
(a) Allocation of LEDIG Proceeds: For purposes of repayment under subsection (c),
the LEDIG is to be allocated as 50% for Company’s Capital Investment Target $VALUE for the
LEDIG) and 50% for Company’s New Jobs Target $VALUE for the LEDIG).
(b) If Company has met at least 90% of both of the Targets as of the Performance
Date, then and thereafter Company is no longer obligated to repay any portion of the LEDIG. If
Company has not met at least 90% of either or both of its Targets as of the Performance Date,
Company shall repay to the Authority that part of the LEDIG that is proportional to the Target or
Targets for which there is a shortfall. For example, if at the Performance Date, the Capital
Investment is only $VALUE (reflecting achievement of 75% of the Capital Investment Target),
and only VALUE New Jobs have been created and Maintained (reflecting achievement of 75%
of the New Jobs Target), Company shall repay to the Authority 25% of the moneys allocated to
the Capital Investment Target ($VALUE of the LEDIG) and 25% of the moneys allocated to the
New Jobs Target ($VALUE of the LEDIG), for a total repayment of $VALUE. Among other
things, in the event that Company should at any time file any amended tax return indicating,
among other things, that Company did not meet the Capital Investment and/or the New Jobs
Target, Company shall be obligated to repay all or a portion of LEDIG, according to the formula
set forth herein. Company’s repayment obligation hereunder shall survive the Performance Date
to the extent that the Locality subsequently receives information to the effect that Company did
not meet the Targets.
(c) Determination of Inability to Comply: If the Locality shall determine at any time
prior to the Performance Date (a “Determination Date”) that Company is unable or unwilling to SAMPLE
SAMPLE LEDIG Performance Agreement FINAL 4
meet and Maintain its Targets by and through the Performance Date, and if the Locality or the
Authority shall have promptly notified Company of such determination, Company must repay to
the Authority all of the proceeds of the LEDIG previously disbursed to Company. Such a
determination will be based on such circumstances as a filing by or on behalf of Company under
the U.S. Bankruptcy Code, the liquidation of Company, an abandonment of the Facility by
Company or other similar significant event that demonstrates that Company will be unable or is
unwilling to satisfy the Targets for LEDIG. Upon such determination, then and in that event, the
LEDIG proceeds previously disbursed to Company will be required to be repaid as set forth in
subsection 4(d).
(d) Repayment: In the event that Company is obligated to repay the LEDIG, or any
portion thereof, as called for under the terms of this Agreement, Company shall pay such sums
within 30 days after notification of the amount of the sums to be repaid by Company. Such
determination of liability shall be made promptly as of the Performance Date or the Determination
Date, or promptly upon receipt of the Progress Report, as hereinafter defined, or other information
confirming lack of achievement of the Targets as of the Performance Date, whichever shall first
occur.
Any LEDIG repayment shall be made as follows:
(i) LEDIG: Any LEDIG moneys repaid by Company to the Authority
hereunder shall be repaid by the Authority to the Locality within 30 days after the
repayment by Company to the Authority. In the event that Company fails or refuses to
repay any of the LEDIG moneys as called for in this Section 4, such sums shall be assessed
interest at the rate of 8.00% per annum until repaid in full by Company.
The Locality and the Authority shall use their best efforts to recover any proceeds of the
LEDIG due, including judicial proceedings for any breach of this Agreement by Company.
(e) Attorney’s Fees with Respect to Repayment: In the event that Company fails to
comply with the repayment obligations set forth in this Section 4, the Locality and the Authority
shall be entitled to recover their reasonable attorney’s fees and costs incurred in connection with
such default by Company, whether or not judicial proceedings are instituted to collect such funds.
Section 5. Company Reporting.
Commencing on DATE, and on July 1 of each year thereafter, Company shall provide, at
Company’s expense, an annual report on the progress of achievement of the Targets (“Progress
Report”). Such Progress Report shall indicate the amount of Capital Investment, the number of
New Jobs, the average annual wage paid to the New Jobs (W-2 wages, including PIP), and the
standard fringe benefits provided to those New Jobs through the prior December 1. Such Progress
Report also shall include an affirmative statement signed by an authorized Company Officer or
Director that the information provided in the report is true and correct and certifies the status of
its efforts to achieve the Targets.
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SAMPLE LEDIG Performance Agreement FINAL 5
Company shall provide other reports on the progress of achievement of the Targets at such
other times as the Locality or the Authority may reasonably require.
Company hereby authorizes the Locality, including the Locality’s Commissioner of the
Revenue and Treasurer, to provide for review by the Locality of Company’s real estate tax,
business personal property tax and machinery and tools tax information. Such information shall
be marked and considered confidential and proprietary and shall be used solely for verifying
satisfaction of the Capital Investment Target. If the Locality, the Office of the Commissioner of
the Revenue, or the Office of the Treasurer should require additional documentation or consents
from Company to access such information, Company shall promptly provide, at Company’s
expense, such additional documentation or consents as the Locality or the Authority may request.
In addition to the verification data described above, the Locality and the Authority may
request such other documentation or audits as may be required to properly verify Capital
Investment.
With each Progress Report, Company shall provide for review by the Locality copies of
Company’s quarterly payroll tax filings with the Virginia Employment Commission covering the
period from DATE through the Performance Date. Company will denote on those filings which
of the employees met the definition of New Jobs to confirm satisfaction with the New Jobs Target.
Such information shall be marked and considered confidential and proprietary and shall be used
by solely for verifying satisfaction of the New Jobs Target.
In addition to the verification data described above, the Locality and the Authority may
request such other documentation or audits as may be required to properly verify New Jobs.
Section 6. Notices.
Formal notices and communications between the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation
and confirmation of delivery, addressed as noted below. Notices and communications personally
delivered or delivered by document delivery service shall be deemed effective upon receipt.
Notices and communications mailed shall be deemed effective on the second business day
following deposit in the United States mail. Notices and communications delivered by facsimile
or email shall be deemed effective the next business day, not less than 24 hours, following the
date of transmittal and confirmation of delivery to the intended recipient. Such written notices
and communications shall be addressed to:
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SAMPLE LEDIG Performance Agreement FINAL 6
if to Company, to: with a copy to:
Company
Address
City, State, Zip
Facsimile: __________________
Email: email
Attention: Name
Company
Address
City, State, Zip
Facsimile: __________________
Email: email
Attention: Name
if to the Locality, to: with a copy to:
County of Frederick, Virginia
107 North Kent Street
Winchester, Virginia 22601
Facsimile: 540-667-0370
Email: rmichael.bollhoefer@fcva.us
Attention: County Administrator
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Facsimile: 540-667-0370
Email: rwillia@fcva.us
Attention: County Attorney
if to the Authority, to: with a copy to:
Economic Development Authority of the
County of Frederick, Virginia
107 North Kent Street
Winchester, Virginia 22601
Facsimile: 540-722-0604
Email:
Attention: Chair
Economic Development Authority of the
County of Frederick, Virginia
107 North Kent Street
Winchester, Virginia 22601
Facsimile: 540-722-0604
Email: pbarker@yesfrederickva.com
Attention: Executive Director
Section 7. Miscellaneous.
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
among the parties hereto as to the LEDIG and may not be amended or modified, except in writing,
signed by each of the parties hereto. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. Company may not assign
its rights and obligations under this Agreement without the prior written consent of the Locality
and the Authority.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed,
in the Commonwealth of Virginia and shall be construed and enforced by the laws of the
Commonwealth of Virginia. Jurisdiction and venue for any litigation regarding this Agreement
shall lie in the Circuit Court of the County of Frederick, Virginia, and such litigation shall be
brought only in such court.
(c) Counterparts: This Agreement may be executed in one or more counterparts, each
of which shall be an original, and all of which together shall be one and the same instrument. SAMPLE
SAMPLE LEDIG Performance Agreement FINAL 7
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
(e) Time: Time is of the essence as to all matters set forth in this Performance
Agreement.
(f) Attorney Fees: Except as noted in Section 4(e), attorney’s fees shall be paid by
the party incurring such fees.
(g) Interpretation: Should any provision of this Agreement require judicial
interpretation, it is agreed that the Court interpreting the same shall not apply the presumption
that the terms of any such provision shall be more strictly construed against one party or the other
by reason of the rule of construction that a document is to be construed most strictly against the
party who itself or through its counsel prepared the same, it being agreed that counsel for the
Locality, Company and the Authority have participated in the preparation and review of this
Agreement
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SAMPLE LEDIG Performance Agreement FINAL 8
IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
COUNTY OF FREDERICK, VIRGINIA
By
Name: Jos Ludwig
Title: Chair, Board of Supervisors of
the County of Frederick, Virginia
Date: _______________________________
ECONOMIC DEVELOPMENT AUTHORITY
OF THE COUNTY OF FREDERICK,
VIRGINIA
By
Name: Rick Till
Title: Chair, Economic Development
Authority of the County of Frederick, Virginia
Date: _______________________________
COMPANY
By
Name:
Title:
Date: _________________________ SAMPLE
DATE: April 24, 2024
TO: Board of Directors,
Frederick County Economic Development Authority
FROM: Shayla Rickard
Business Retention Manager
CC: Jay Tibbs
Deputy County Administrator
RE: 2024 Widget Cup Competition Results
Established in 2015, the Frederick County EDA's regional Widget Cup® event is an annual
competition for high school teams drawn from students attending public schools in
Frederick County, Clarke County, and Winchester, Virginia. Participating students solve a
real-life business problem for a local employer by using skills acquired through Career and
Technical Education (CTE) and Science, Technology, Engineering and Math (STEM)
courses.
Over the course of a full day of competition,
the Widget Cup teams design and build a
product for a local business client who has
expressed a real need for an object, tool, or
structure. The project is not announced until the day of the event. Each team is provided
with the same starting materials. The students work together to problem-solve, design,
and build a functioning device that the business client will use in their day-to-day
operations.
This year’s competition was held at Millbrook High School. Students used raw materials
donated by seven local companies to construct an outdoor chair for the hiking trails
located at Belle Grove Plantation in Middletown. Utilizing carpentry and welding skills,
each of the five teams created a unique version of the parameters that were provided to
them at the start of the competition.
During the build portion of the competition, many of our local companies attended the
event to observe and see the skillsets shown by the teams. In addition, volunteers for the
competition represented over 25 companies in our area. They served in various volunteer
roles both before and during the competition. The event was also attended by members of
the Frederick County Board of Supervisors, as well as representatives from all school
districts that were competing in the competition.
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The Widget Cup | Results
Student feedback from the competition was positive; 97% of participants stated they
would recommend the competition to their fellow students and 72% had interactions with
at least one of our local businesses in attendance.
The competition culminated with students presenting their projects to a panel of judges
whose combined scores from both the build and presentation portions determined the
final winner. Judges’ comments reflected that the teams had shown teamwork, creativity,
and craftmanship.
The Widget Cup 2024 was won by Clarke County High School. The students will present
their finished projects to Belle Grove Plantation on Wednesday, May 15th, at 3:30 p.m. in
Middletown.
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The Widget Cup | Results
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The Widget Cup | Results