HomeMy WebLinkAbout2011-031 - Abstract NC Dept of Agriculture - Consumer Services for Specialty Crop Equipment- Processing CenterO~.D - ao1 I- ooh
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 15, 2011
Action Agenda
Item No. ~°
SUBJECT: Contract Between the NC Department of Agriculture and Consumer Services
and Orange County: Grant for Specialty Crop Equipment for the Piedmont Food
& Agricultural Processing Center; and Approval of Budget Amendment #7-A
DEPARTMENT: Economic Development and PUBLIC HEARING: (YIN) No
Financial Services
ATTACHMENT(S): INFORMATION CONTACT:
Contract Noah Ranells, Agricultural Economic
Development Coordinator, 245-2330
Gary Shope, Interim Economic
Development Director, 245-2325
Michael Talbert, Deputy Financial
Services Director, 245-2153
PURPOSE: To approve a contract with the NC Department of Agriculture and Consumer
Services fora $79,950 Specialty Crop grant for equipment for the Piedmont Food and
Agricultural Processing Center.
BACKGROUND: In May 2010, the BOCC approved a request by staff to submit a grant
application to the NC Specialty Crops Program for equipment that will be installed at the
Piedmont Food and Agricultural Processing Center. A $79,950 grant was awarded to fund the
purchase of specialty crop equipment. This award is extremely timely given that the facility
renovations are approximately 40% complete and on schedule for opening in April 2011.
FINANCIAL IMPACT: The grant includes a staff in-kind match of $12,000 that will be fulfilled
by the Ag Economic Development Coordinator position. Budget Amendment #7-A increases the
project budget by $79,950 from the NC Department of Agriculture and Consumer Services for a
Specialty Corp Grant for the purchase of equipment.
Budget Amendment 7-A
Piedmont Food & Agricultural Processing Center
Project # 10043
Revenues for this ro'ect:
Current FY
2010-11 FY 2010-11
Amendment FY 2010-11
Revised
Sales Tax & Dedicated
Pro ert Tax
Grant Funds $1,320,419 $79,950 $1,400,369
Total Pro'ect Fundin $1,320,419 $79,950 $1,400,369
Appropriated for this aroiect:
Current FY
2010-11 FY 2010-11
Amendment FY 2010-11
Revised
E ui ment $221,919 $79,950 $301,869
Construction 1,098,500 1,098,500
Total Costs $1,320,419 $79,950 $1,400,369
RECOMMENDATION(S): The Manager recommends the Board approve the contract, approve
Budget Amendment #7-A to the Piedmont Food & Agricultural Processing Center Capital
Project, and authorize the Manager to sign the contract documents.
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STATE OF NORTH CAROLINA
Departmental Use Only
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NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Marketing
2010 Specialty Crops Block Grant Program
Contract #
This Contract is hereby entered into by and between the North Carolina Department of Agriculture and
Consumer Services, Division of Marketing, (the "Agency") and Piedmont Food & Agricultural Processing Center
(the "Grantee") (referred to collectively as the "Parties"). The Grantee is located in County.
The Grantee's physical address is
(StreetA ddress) (City) (State) (Zip Code)
The purpose of this Contract is to enhance the competitiveness of North Carolina grown specialty crops.
The Grantee's project title is Adding Value and Marketing of specialty Crops. Funds awarded under the
Contractm ust be used for the purposes for which they were intended.
Contract Documents: This Contract consists of the following documents:
(1) This Contract
(2) The General Terms and Conditions (Attachment A)
(3) The Work Plan (Attachment6)
(4) Time Line (Attachment C)
(5) The line item budget and budget narrative (Attachment D)
(6) Audit Requirements (Attachment E)
(7) Special Provisions (Attachment F)
These documents constitute the entire agreementb etween the Parties and supersede all prior oral or
written statements or agreements.
II. Precedence Among Contract Documents: In the event ofa conflict between or among the terms of
the Contract Documents, the terms in the Contract Document with the highest relative precedence shall
prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with
the first-listed document having the highest precedence and the last-listed document having the lowest
precedence. if there are multiple Contract Amendments, the most recent amendment shall have the
highest precedence and the oldest amendment shall have the lowest precedence.
III. Effective Period: This Contract shall be effective on1/1/2011 and shallt errninate 9/30/2011 on
with the option to extend, if mutually agreed upon, through a written amendment as provided for in the
General Terms and Conditions as described in Attachment A and submitted to the Agency 60 days prior
to the expiration of this Contract as stipulated in the Special Provisions (AttachmentF ).
IV. Grantee's Duties: The Grantee shall provide the services as described in Attachment B,the Work Plan
and in accordance with the approved budget in AttachmentD .
The Grantee shall complete the following items, which have been attached to this Contract, and submit
them to the Agency along with two executed copies of this Contract.
(1) NC OpenBook Supplemental Information
(2) Signature Authorization Card
(3) Electronic Payment Form
NGO Form 0009 ContractC over Governmental Entities
Eff. 9/2005
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V. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the
Contract Documents. The totala mount paid by the Agency to the Grantee under this Contract shall not
exceed $ 79.950.00. This amount consists of $ 79.950.00 in Federal funds. (CFDA # 10.170)
(1) There are no matching requirements from the Grantee.
[ X ] (2) The Grantee's matching requirement is $12.000.00, which shall consist of:
[ ] In-kind [ ] Cash
[ ] Cash and In-kind [ X ] Cash and/or In-kind
The contributions from the Grantee shall be sourced from non-federal funds. Any funds committed
as matching funds must be spent concurrently with the federal funds awarded in this Contract (i.e.
past expenditures prior to submission and approval of the Grantee's application shall not be used).
The total contracts mount is $91.950.00.
VI. Conflict of Interest Policy:
The Agency has determined that the Grantee is a govemmental agency and is not subject to N.C.G.S.
143C-6-23(b). Therefore, the Grantee is not required to file a Conflict of Interest Policy with the Agency
prior to the disbursement of funds.
VII. Statement of No Overdue Tax Debts:
The Agency has determined that the Grantee is a govemmental agency and is not subject to N.C.G.S.
143C-6-23(c). Therefore, the Grantee is not required to file a Statement of No Overdue Tax Debts prior
to the disbursements off unds.
VIII. Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
IX. Reporting Requirements:
(1) State IN.C.G.S. 143C-6-231
The Agency has determined that the Grantee is a govemmental entity and is not subject to the
State reporting requirements mandated by N.C.G.S. 143C-6-23: Therefore, the Grantee does
not have to file annual electronic reports with the NC Office of State Budget & Management.
2) Agency Reporting Requirements
(A) Performance Reports: Grantees shall submit the Agency's programmatic reporting forms
thata re to be supplied by the Agency. These reports are due June 30 and December 15 until
completion of the project. A Final Performance Report is due within 60 days following the
expiration or termination date.
(B) FinancialR eports: Grantees shall submittheAgency's FinancialR eporting Form, on June
30 and December 15 annually. Grantee shall submit a FinalF inancialR eport and Finall nvoice
not later than 60 days after the expiration date or termination of the Contract.
(C) If the Contract period is one year or less, only final performance and financial reports are
required for the entire project period.
X. Payment Provisions:
Upon execution of this Contract, the Grantee shall submit to the Agency, at least monthly,
reimbursement requests and, upon approvalb y the Agency, shall receive payment within 30 days. If this
Contract is terminated, the Grantee shall complete a finals ccounting report and return any unexpended
funds to the Agency within 60 days of the contract termination date. The Agency shall have no obligation
to honor requests for payment based on expenditure reports submitted later than 60 days after
termination or expiration of the contract period.
NGO Form 0009 ContractC over Governmental Entities
Eff. 9/2005
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The Grantee shall put any funds received as an advance payment from the Agency in an interest
bearing account. Interest earned shall be reported on the Agency "Request for Reimbursement" form.
The Grantee may keep interest amounts up to $100 per year for administrative expenses,w hich have
been determined as allowable costs. Interest earned in excess of $100 must be returned to the Agency
no later than 60 days after the contract is terminated or expires. If it should be determined that funds are
not being expended for the purpose for which they were awarded, the Agency shall cease making
further payments until the problem has been resolved and the Grantee will be required to immediately
return any unspent funds plus any interest for which it is determined that funds were misused.
The Grantee shall account for any income earned, which may result from any funds awarded under this
Contract, on the Agency "Request for Reimbursement" form. Eligible uses of income earned are:
a. expanding the project or program;
b. continuing the project or program after the grant ends; or
c. supporting other projects or programs that further the broad objectives of the Specialty
Crop Block Granter ogram.
Reimbursement requests shall be completed on a "Request for Reimbursement" form and furnished to
the Grantee bythe Agency. Allr eimbursementforms must include support documentation, including but
not limited to, copies of invoices; individual time sheets and travel logs that have been signed by the
employee and supervisor; salary registers or payrolls that include fringe benefits, hourly rates of pay,
and signature oft he Grantee's responsible financial person;c ancelled checks and lease agreements.
Twenty percent (20%) of the total funds awarded under this Contracts hall be retained by the Agency
untilb oth the final performance and financial reports are submitted by the Grantee and approved by the
Agency.
Expenditures incurred prior to the submission and final execution of the Contract by the Agency are
deemed to be unallowable expenditures, and therefore, will not be reimbursed.
All matching funds, including in-kind and cash, mustb a spent concurrently with funds provided by this
Contract. Both types of matching funds expended shall be accounted for on Request for
Reimbursement forms, and support documentation for all matching expenditures shall be included with
the forms.
XI. Contract Administrators: All notices permitted or required to be given by one Party to the other and all
questions about the Contract from one Party to the other shall be addressed and delivered to the other
Party's Contract Administrator. The name, post office address, street address, telephone number, fax
number, and email address of the Parties' respective initial Contract Administrators are seto utb elow.
Either Party may change the name, post office address, street address, telephone number, fax number,
or email address of its ContractA dministrator by giving timely written notice to the other Party.
IF DELIVERED BY US POSTAL S
Name: Nathan Holleman Title: Co
NCDA & CS Marketing Division
1020 Mail Service Center
Raleigh, NC 27699-1020
Telephone: 919-707-3125
Fax: 919-715-0155
Email: nathan.hollemanla~ncagr gov
ror ine
IF DELIVERED BY ANY OTHER M
nistrator Name: Nathan Holleman Title:
NCDA & CS Marketing Division
2 West Edenton Street
Raleigh,N C 27601
Alternate Contact Name: Jeff Camden
Telephone: 919-707-3111 F ax: 919-715-0155
Email: jeff.camdenCcyncagr aov
NGO Form 0009 ContractC over
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For the Grantee: (All information must be completed)
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: Title: Name: ~ Title:
Telephone: Alternate Contact Name:
Fax: Telephone: Fax:
Email: Email:
XII. Supplementation of Expenditure of Public Funds:
The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not
to supplant, the total amount of federal, state and local public funds that the Grantee otherwise expends
for activities involved with specialty services and related programs. Funds received under this Contract
shall be used to provide additional public funding for such services. The funds shall not be used to
reduce the Grantee's total expenditure of other public funds for such services.
XIII. Disbursements:
As a condition of this Contract, the Grantee certifies that it maintains a cost accounting system, a
disbursement system and a procurements ystem that meets the standards in 7 CFR Part. 3015 and 2
CFR 220, Uniform Administrative Requirements for Grants and Agreemehts with Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations.
In addition, the Grantee agrees to make disbursements in accordance with the following
requirements:
a. Implement adequate internal controls over disbursements;
b. Pre-audit all vouchers presented for payment to determine:
• Validity and accuracy of payment
• Payment due date
• Adequacy of documentation supporting payment
• Legality of disbursement
c. Assure adequate control of signature stamps/plates;
d. Assure adequate control of negotiable instruments; and
e. Implement procedures to insure that account balance is solvent and to reconcile the account
monthly.
XIV. Outsourcing:
The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been
outsourced to otherc ountries, if any. Grantee furthera grees that it will not outsource any such jobs
during the term of this Contract without providing prior notice to the Agency.
NGO Form 0009 ContractC over Governmental Entities
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XV. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of
this agreement.
In Witness Whereof,t he Grantee and the Agency have executed this Contract in duplicate originals,
with one original being retained by each party upon its full execution.
Piedmont Food & Agricultural Processing Center
Signature
Date
Printed Name Title
NOTARY:
Swom to and subscribed before me on this the _ _. _ day of. _ _ . _ __.. ,._- __ ..__My Commission__.__
expires on
Signature of Notary
SEAL
Printed Name of Notary
~,
-,_ tF-.~ ;:~ NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
}~ ~~
Signature Date
N. David Smith. Chief Deputy Commissioner
Printed Name and Title
NGO Form 0009 ContractC over
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