HomeMy WebLinkAboutAgenda - 09-15-2009 - 4jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 15, 2009
Action Agenda
Item No. ~- - j
SUBJECT: Contract Between the Appalachian Sustainable Agriculture Project and Orange
County Cooperative Extension
DEPARTMENT: Economic Development PUBLIC HEARING: (Y/N) No
Cooperative Extension
ATTACHMENT(S):
Contract
Grant Proposal
INFORMATION CONTACT:
Fletcher Barber 245-2050
Noah Ranells 245-2330
Brad Broadwell 245-2325
PURPOSE: To approve a contract with and accept a $50,000 Strong Roots grant from the
Appalachian Sustainable Agriculture Project to plan and execute a local food project to be
determined by team of local farm and food system professionals.
BACKGROUND: A proposal was submitted to the Appalachian Sustainable Agriculture Project
on February 12, 2009 by Orange County Cooperative Extension & Economic Development.
Orange County and its partners in the local food system were one of two communities awarded
a $50,000 grant. This new grant enables a new food system project that complements the
continued effort to build a strong farm to fork food system in the Piedmont.
Catalyzed by the stronger-every-year demand for locally grown farm products and the presence
of the WC Breeze Family Farm Extension & Research Center, Orange County Economic
Development and Cooperative Extension have developed a strong collaboration with the NCSU
College of Agriculture & Life Sciences, the Center for Environmental Farming Systems, and the
UNC Center for Health Promotion and Disease Prevention. The consensus mission of this
collaboration is improving the vitality of local farm communities and providing value-added farm
fresh products for consumers and institutions. Exceptionally strong local demand from
consumers, chefs, grocers, and institutional buyers such as UNC-Chapel Hill and Duke
University present a unique environment for growing a strong regional effort for a local farm and
food project.
The Strong Roots grant will provide training, guidance, education, and implementation funds to
plan and execute a local food project and to build the capacity of Orange County and its
partners. A minimum of 70% of the funds will be used for implementation of local food initiatives.
Not more than 30% of funds will be used for planning activities, inclusive of travel to workshops
and meetings in Asheville, and facilitation of planning activities at the local level. Program
leaders will provide periodic reports to the BOCC on how these funds are used and
presentations will be made at local farm-related events including the Annual Agricultural Summit
held each year in February.
FINANCIAL IMPACT: This project requires atwenty-five percent (25%) match over two years.
In-kind matching of $6,250 (Six Thousand Two Hundred Fifty Dollars) each year will be obtained
from time devoted to the project by staff currently employed in Orange County Economic
Development and Cooperative Extension.
RECOMMENDATION(S): The Interim Manager recommends the BOCC approve the contract,
subject to County Attorney review, accept the $50,000 Strong Roots grant and authorize the
BOCC Chair to sign the contract documents.
Strong Roots
GRANT AGREEMENT BETWEEN THE APPALACHIAN SUSTAINABLE
AGRICULTURE PROJECT AND ORANGE COUNTY COOPERATIVE EXTENSION
This Grant Agreement ("the Agreement") is entered into this the _ day of , 2009
("Effective Date") by and between the Appalachian Sustainable Agriculture Project ("ASAP") a non-
profit 501 3c with its principal place of business at 729 Haywood Road #3, Asheville, NC 28806 and
Orange County Cooperative Extension, a state institution with its principal place of business at 306-E
Revere Rd
Hillsborough, NC 27278 ("the Grantee") (together "the Parties" and each in the singular "the Party"). In
consideration of mutual promises and such other valuable consideration as is set out in this Agreement,
the Parties do mutually agree to the following:
Section I. Term.
This Project shall commence on August 1, 2009 ("Commencement Date") and shall terminate on or
before June 30, 2011 ("Termination Date") unless sooner terminated pursuant to this Agreement.
Section II. Scone of the Grant.
The Strong Roots project will provide training, guidance, education, and implementation funds to
plan and execute a local food project and to build the capacity of the Grantee organization.
Section III. Changes in the Proiect
ASAP must authorize any changes with respect to the Project in writing. The Grantee will work within
a Project Budget which has been approved by ASAP. The Grantee shall immediately notify ASAP of
any change in conditions or applicable law or any other event which may significantly affect its ability to
perform the Project in accordance with the provisions of Section II above, including but not limited to
loss of other funding. In the event of any such significant change, ASAP reserves the right to terminate
this Agreement.
Section IV. Funding.
A. ASAP grants to the Grantee an amount not to exceed $50,000 (Fifty Thousand Dollars) for the
Project to be disbursed as described in Section V below. The Grantee represents and warrants that
all sums as may be awarded under this grant shall be utilized exclusively for the purpose of the
Project. A minimum of 70% of the funds will be used for implementation of local food
initiatives. Not more than 30% of funds will be used for planning activities, inclusive of travel to
workshops and meetings in Asheville and facilitation of planning activities at the local level. A
detailed line-item budget will need to be submitted and approved before any expenses are
authorized or can be reimbursed.
B. This project requires atwenty-five percent match (25%) over two years. In-kind matching of
$6,250 (Six Thousand Two Hundred Fifty Dollars) each year will be obtained from staff
resources currently employed in Orange County Economic Development and Cooperative
Extension.
Section V. Method of Payment.
A. ASAP shall disburse funds to the Grantee in installments reimbursing the Grantee for amounts
spent on or encumbered for the Project. The Grantee shall request payments quarterly by
Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County
Cooperative F~ctension
'1
submitting a Payment Request Form to ASAP no later than thirty (30) days after the end of the
period which is being reported. All expenditures for which the Grantee requests reimbursement
must be documented by invoices or receipts included with the Payment Request Form.
B. ASAP shall disburse a check within 15 (fifteen) working days after receipt and approval of the
payment request.
C. In the event the Grantee breaches any of the material terms or conditions of this Agreement, the
Grantee agrees to repay to ASAP the full amount of sums awarded under this Agreement.
Section VI. Independent Status of the Parties.
The Parties are independent entities and neither this Agreement nor any provision of it shall be deemed to
create a partnership or joint venture between ASAP and the Grantee. The Grantee shall not represent
itself as an agent of ASAP nor is the Agreement intended to be construed so as to make the Grantee an
agent of ASAP. The Grantee shall not have the ability to bind ASAP to any agreement for payment of
goods or services, nor shall it represent to any person or entity that it has such ability.
All expenses incurred by the Grantee are its sole responsibility and ASAP shall not be liable for the
payment of any obligations incurred in the performance of the Project.
The Parties agree that this agreement has not been made for the benefit of any third parties and no third
party to this agreement has authority to attempt to enforce it in any way.
Section VII. Reports.
Project reports are reported quarterly (data for the quarter through the end of March, data for the quarter
through the end of June, data for the quarter through the end of September, data for the quarter through
the end of December). Reports shall be supplied to ASAP no later than ten (10) days after the end of the
period which is being reported.
The Project report will provide a detailed narrative status report on the project for the current reporting
period and include all progress made, problems encountered, resolution to those problems, as well as an
update on the next steps for the project. It should also address anticipated problems or concerns. Failure
to submit a required report by the scheduled submission date may result in the withholding of any
subsequent grant payment until ASAP is in receipt of the delinquent report.
The Grantee agrees that within fifteen (15) days after the conclusion of the Project as described in Section
II above, a Final Project Narrative Report shall be submitted to ASAP which describes the activities and
accomplishments of the Project. The Final Report will include a review of performance and activities over
the entire project period and will include aone-page program summary which ASAP can use for future
publication. In that summary, the Grantee will describe the Project, how it was implemented, to what
degree the established Project objectives were met, the difficulties encountered. In addition, the Final
Report shall also include an Final Project Accounting Report which shall list the final use of grant funds
by category (i.e., salaries, material, equipment, etc.) showing all expenditures during the entire term of
this Agreement. ASAP reserves the right to request information from the Grantee which will assist ASAP
with evaluation of the short-and long-range impact of its programs. The Grantee recognizes that such
requests may occur after termination of this Agreement and agrees, to the extent possible, to provide such
information to ASAP.
Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County
Cooperative Extension
5
Section VIII. Project Records.
The Grantee agrees to maintain full, accurate and verifiable fmancial records, supporting documents, and
all other pertinent data for this Project in such a manner so as to identify and document clearly the
expenditure of ASAP funds provided under the Agreement separate from accounts for other awards,
monetary contribution or other revenues sources for this Project.
The Grantee shall retain all financial records, supporting documents and all other pertinent records related
to the Project for a period of five (5) years from the Termination Date. In the event such records are
audited, all Project records shall be retained beyond such five-year period until any and all audit findings
have been resolved. The Grantee agrees to make available to ASAP or its designated representative all
of its records which relate to the Project and agrees to allow ASAP or its representative to audit, examine
and copy any and all data, documents, proceedings, records and notes of activities relating in any way to
the Project. Access to these records shall be allowed upon request at any time during normal business
hours and as often as ASAP or its representative may deem necessary.
In the event the Grantee dissolves or otherwise goes out of existence before the Termination Date or
before five years from the Termination Date has elapsed, records produced under this contract will be
turned over to ASAP.
Section IX. Subcontracting.
The Grantee shall not subcontract any of the work contemplated under this contract without obtaining
prior written approval from ASAP. Any approved subcontract shall be subject to all terms and
conditions of this Agreement and the Grantee shall not be relieved of any of the duties and responsibilities
of this Agreement by the approved subcontract. The Grantee shall be responsible for the performance of
any subcontractor and the subcontractor shall provide sufficient information to the Grantee to allow the
Grantee to comply with all terms and conditions of this Agreement.
Section XI. Termination & Availability of Funds
Either Party shall have the ability to terminate this Agreement on thirty days' written notice. If after
notice and reasonable opportunity to cure a defect or problem, the Grantee fails for any reason to fulfill in
proper manner its obligations under this Agreement, or violates any of the material terms or conditions of
this Agreement, ASAP shall have the right to terminate this Agreement by giving fourteen (14) days
written notice to the Grantee of such termination. In such event, ASAP shall have no responsibility to
make additional payments under this Agreement after the Termination Date. No further expenditures shall
be made under this Agreement upon notice of termination except for such- work as shall have already been
performed prior to the notice of Termination Date. ASAP's obligation to pay any amounts under this
Agreement is contingent upon the availability of funds to it to fund the Project. In the event that funds for
this Project become unavailable, ASAP may terminate this Agreement immediately upon facsimile notice
to the Grantee. In the event of notice of the unavailability of funds, all obligations of ASAP to make
payments under this Agreement shall cease as of the date of the notice of termination for unavailability of
funds except for such work as shall have already been performed prior to the date of the notice of
termination for unavailability of funds.
Section XII. Liabilities and Loss
ASAP assumes no liability with respect to accidents, bodily injury, illness, breach of contract or any other
damages, claims or losses arising out of any activities undertaken by the Grantee under this Agreement,
with respect to persons or property of the Grantee or third parties.
3 Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County
Cooperative Extension
~o
The Grantee agrees to obtain insurance to protect itself and others as it may deem desirable, or, if it elects
not to obtain such insurance, it represents that it has adequate resources available to it for this purpose.
The Grantee agrees to indemnify, defend and save harmless ASAP and its officers, agents and employees
against any liability, including costs and expenses and attorneys fees for the Grantee's violation of any
proprietary right or right of privacy arising out of the publication, translation, reproduction, delivery,
performance, use or disposition of any information published resulting from the work of the Project or
based on any libelous or other unlawful matter contained in such information.
The Grantee also further agrees to indemnify, defend and save harmless ASAP and its officers, agents and
employees from any other person, firm or corporation furnishing or supplying work, services, material or
supplies in connect with the Project and the performance of this Agreement and from any and all claims
and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the
Grantee or any of their agents in the performance of the Project.
Section IiIIII. Entire Agreement
This Agreement contains the entire understanding between the Parties. The agreement may be amended
only in writing duly executed by authorized persons for ASAP and the Grantee.
Section XIV. Grantee Representation and Warranties
The Grantee hereby represents and warrants that: The Grantee is duly organized and validly existing
under the laws of the State of North Carolina. This Agreement constitutes a binding obligation of
Grantee, enforceable against it in accordance with its terms. The execution and delivery of this
Agreement have been duly authorized by all necessary action on the part of Grantee and does not violate
any applicable organizational documents of the Grantee or any agreement or undertaking to which it is a
party of by which it is bound.
A. There is no action, suit, proceeding, or investigation at law or in equity or before any court, public
board or body pending or to the Grantee's knowledge, threatened against or affecting it, that could
or might adversely affect the Project or any of the transactions contemplated by the Agreement or
the validity or enforceability of this Agreement or the Grantee's ability to discharge it obligation
under this Agreement.
B. If any consent or approval is necessary from any governmental authority as a condition to the
execution and delivery of this Agreement by the Grantee or the performance of any of its
obligations under the Agreement, all such requisite government consent or approvals have been
obtained.
Section XV. Special Provisions and Conditions
Nondiscrimination. The Grantee agrees not to discriminate by reason of age, race, religion, color, sex,
national origin or handicap in the performance of this Agreement.
Compliance with Laws. The Grantee shall comply with all laws, ordinances, rules and regulations of the
state, federal and local governments which many affect the performance of the Agreement.
Non-Assi ability. The Parties shall not assign any interest in the Agreement; provided, however, that
claims for money due to the Grantee from ASAP under this Agreement may be assigned after notice and
approval of ASAP.
4 ~ Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County
Cooperative Extension
Personnel. The Grantee represents that it has or will secure at its own expense all personnel required to
carry out and perform the scope of services required under this Agreement. Such personnel shall be fully
qualified and shall be authorized under state and local law to work on the Project. Such employees shall
not be employees of ASAP.
Restriction on use of the funds. The Grantee will expend funds consistent with the terms and conditions
of this Agreement. Failure to do so may result in legal action to recover funds spent inconsistently with
the terms and condition of this Agreement without further notice.
Taxpayer Identification Number. The Grantee must provide taxpayer identification information to ASAP
prior to receiving funds under this Agreement.
Section XVI. Notice.
A. All notices required by this Agreement shall be in writing and shall be deemed given when
personally delivered or when deposited in the United States mails, certified, return receipt
requested, first class, postage prepaid and addressed as follows:
If to ASAP:
Mr. Chazlie Jackson
Executive Director
Appalachian Sustainable Agriculture Project
729 Haywood Road #3 Asheville, NC 28806
Tel: (828) 236-1282 Fax: (828) 236-1280.
If to the Grantee:
Dr. Fletcher Barber, Jr.
County Extension Director
Orange County Cooperative Extension
PO Box 8181
Hillsborough, NC 27278
Tel: (919) 245-2050 Fax: (919) 644-3067
B. Each Party may designate another Notice recipient by written communication to the other Party.
Section XVII. Construction
This Agreement shall be construed and governed by the laws of the State of North Cazolina. The
Parties do hereby execute this Agreement in duplicate originals:
Appalachian Sustainable Agriculture Project Orange County Cooperative Extension
Date: Date:
Chazlie Jackson
Executive Director
Dr. Fletcher Barber, Jr.
County Extension Director
Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County
Cooperative Extension
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Strengthening Local Food Initiatives in North Carolina
Primary Contact: Noah Ranells
Title: Agricultural Economic Development Coordinator
Organization: Orange County Economic Dev & Cooperative Extension
Street: 1 10 E. King Street / POB 1 177
State: NC
Zip: 27278
County: Orange Web site (if available):
http://www.orangecountyfarms.org/
Telephone: 919-245-2330
E-mail: nranells@co.orange.nc.us
Applicant's status: (check one): ^Non profit -Classification:
®State or local governmental unit
^Federal governmental unit
Counties in North Carolina the project will serve:
[501(c)(3), etc....]
Alamance Granville Vance
Caswell Orange Wake
Chatham Person Warren
Durham Randolph
Franklin Rockingham
® This application is authorized by the person at my organization who can enter into
agreements and contracts for the organization (this box must be selected).
Name and Title: Fletcher Barber, Jr., County Extension Director
FAX: 919-688-3004
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Date February 12, 2009
Please keep your answers brief and limited to the number of words allowed for the
question.
1) Please describe your organization and why a local farm and food project fits
with your work and mission. (300 words)
Catalyzed by the stronger-every-year demand for locally grown farm products
and the presence of the WC Breeze Family Farm Extension 8~ Research Center,
Orange County Economic Development and Cooperative Extension, along with
NC State University College of Agriculture 8~ Life Sciences and the Center for
Environmental Farming Systems have a strong long-standing collaboration. The
consensus mission of this collaboration is improving the vitality of local farm
communities and providing value added farm fresh products for consumers.
A 2007 Feasibility Study indicated a strong demand from farmers and food
entrepreneurs for a regional value-added, shared-use, food and agricultural
processing center. This study was a collaborative effort among Alamance,
Chatham, Durham, 8~ Orange Counties, as well as Weaver Street Market and
Whole Foods. Within 12 months, grant writing efforts have resulted in $861,000
committed to renovation of a county-owned warehouse in Hillsborough, and
facility renovation is about to be initiated.
In addition, exceptionally strong local demand from consumers, chefs, grocers,
and institutional buyers such as UNC-Chapel Hill and Duke University present a
unique environment for growing a strong regional effort for a local farm and
food project. Ongoing collaborations include a strong interest from local health
academicians and practitioners, with increased awareness of healthy foods and
reduced obesity related diseases are two of the major goals.
Given the strong foundation, we feel that our networked organizational activities
demonstrates the opportunity for developing a local farm and food project that
builds on ongoing programs and produces results during the term of this grant
program.
2) Please describe any past project you have managed (not necessarily a
farm/food project but one that emphasizes your experience in managing and
implementing a project). (300 words)
Staff and institutional resources involved in this project have a strong record of
active project management that is accountable and productive in terms of
resources that are useful to consumers. Most notable and relevant is 1) the
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construction of the Public Market House in Hillsborough with a federal grant and ~0
initial management of the Orange County Farmers and 2) the feasibility study for
a regional value-added, shared-use food and agricultural processing center and
subsequent implementation.
Additionally, development of the conceptual plan for the WC Breeze Family
Farm Extension and Research Center and the associated Master Plan for
infrastructure development is a noteworthy accomplishment with regard to our
project management skills.
3) Have you or your organization undertaken afood/farm project? If so, what have
been the positive and negative results? (300 words)
As noted above, the combined leadership effort of the Orange County
Cooperative Extension and Economic Development has resulted in several farm
and food projects.
The WC Breeze Family Farm Extension 8~ Research Center conceptual
programming plan and the associated Master Plan for infrastructure were
initiated in 2006. The initial program that was implemented in 2007 was a farm
enterprise incubator, involving an 8-week intensive workshop series including
production techniques and business planning. Over two years of the workshop
series, 121 individuals were trained, with many continuing to explore new
entrepreneurial activity on their own land or land at the Breeze Farm.
Approximately 5 acres were cultivated by apprentice farmers in 2008
The Piedmont Food 8~ Agricultural Processing Center has its roots in a 2002
discussion with local institutions regarding the purchase of local farm products.
This was followed up by a citizen panel to examine the need for a processing
center in 2004, a formal 2007 feasibility study funded by four counties and two
grocers, and ongoing renovation and program development for establishing the
processing center. This center will serve farmers and food entrepreneurs in a 75-
mile radius of Hillsborough in a 22-county area.
While there are additional examples of farm and food programs that we have
been planned and implemented, the two noted represent strong positive results
and signal continued cooperative efforts that yield meaningful outcomes that
benefit local farmers and consumers.
4) Please describe partnerships and other community connections that would play
a part in a farm and food project that you would implement. (200 words)
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One of the most noteworthy collaborations is he Piedmont Food and Agricultural ~~
Processing Center which was led by a steering committee of senior
administrative staff and commissioners from Alamance, Chatham, Durham, and
Orange Counties. In addition, a stakeholder group formed during the 2007
feasibility study process has remained engaged and will provide continued
support to the emerging non-profit management entity for the processing
center. This stakeholder group has broad participation from farmers, county
commissioners, chefs, grocers, and consumers along with representatives from
chambers of commerce, community colleges, farmers markets, Cooperative
Extension, Soil 8~ Water Conservation District Boards, Voluntary Agricultural
Districts Boards, economic development and small business specialists, Carolina
Farm Stewardship Association, and North Carolina Dept. of Agriculture and
Consumer Services.
The high level of community support for this processing center proves the ability
of our organization to successfully engage a diverse group of constituents for a
farm and food project. In addition, this initial accomplishment has allowed
participants to consider other...
5) This project would require a %25 ($12,500) match in cash or in-kind over the two
years of the project. Please describe your match. (150 words)
(previous question's response continued here - 185 words total)
...types of complementary farm and food projects that contribute to a meaningful
regional food system that is connects local farms to consumer.
In-kind matching of $6,250 each year will be obtained from staff resources currnetly
employed in Orange County Economic Development and Cooperative Extension.
6) What is the sustainability plan for your organization (not necessarily your
farm/food project)? (200 words)
The two primary partners, Orange County Cooperative Extension and Economic
Development, as well as the Partner Counties involved in the processing center, are
all governmental agencies with strong histories of accountability to their citizens and
farmers. Specific farm and food projects are managed in a way to ensure a high
degree of accountability to stakeholders and project participants.
Please provide the names and phone numbers of three references who can
attest to your organization's ability to carry-out a farm and food project.
Nancy Creamer, 919-515-9447
Smithson Mills, 828-273-91 19
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Alice Ammerman, 919-966-6082 ~a
Completed applications must be emailed to allison@asapconnections.ora by 5
pm on Thursday, February 12. Please put "Strong Roots" in the subject line.
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