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HomeMy WebLinkAbout2017-349-E ED - Garland Gourmet Mushrooms & Truffles, Inc. - Agricultural Investment Grant Award Agreement DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 ORANGE COUNTY ECONOMIC DEVELOPMENT AGRICULTURAL ECONOMIC DEVELOPMENT GRANT AGREEMENT THIS AGREEMENT, entered into this 26th day of July , 2017,by and between Orange County ("County"),by and through Orange County Economic Development("Economic Development") and Garland Gourmet Mushrooms & Truffles, Inc. DBA Garland Truffles Inc. ("Grant Recipient"). WHEREAS, Economic Development is a County department that aids existing business investment and early-stage venture growth, assists local agriculture and local food systems, and supports entrepreneurial development; and, WHEREAS, Grant Recipient has a project to expand their Orange County business; and, WHEREAS, the Grant Recipient was selected to receive the Orange County Agricultural Economic Development Grant through the procedures duly adopted by Economic Development; and, NOW THEREFORE, the County and the Grant Recipient,for the consideration and under the conditions hereinafter set forth, agree as follows: 1. Approved Grant. Grant funds are provided for the project("Project") described in the Grant Recipient's Grant Application("Application"), dated July 13, 2017 and incorporated by reference, subject to this Agreement, the Agricultural Economic Development Grant Program Guidelines ("Guidelines"), attached as Exhibit A and any additional terms imposed on the Grant Recipient("Additional Terms") attached as Exhibit B, in that order of priority. 2. Grant Award. Grant funds in an amount of Ten Thousand dollars ($ 10,000)have been awarded by the Grant Subcommittee described in Exhibit A("Subcommittee")and shall be released to the Grant Recipient for the approved Project. The grant cannot be assigned or transferred without prior written approval. 3. Responsibilities of the Grant Recipient A. Implementation. The Project shall be implemented in the manner described in the Application. Time is of the essence in the implementation of the Project. B. Use of Funds. Grant recipient shall not use the grant funds for any of the prohibited purposes described in the Guidelines. The grant shall be utilized solely for its intended use, as detailed in the Application, and subject to the Additional Terms. 4. Indemnity. The Grant Recipient agrees to indemnify and hold harmless the County and Economic Development and their officers and employees from any and all claims of actual injury, damage or loss to a person, or real or personal property that results from or is in any way connected to the use of the grant funds. OCEDaedga Jan 2017 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 5. Termination. A. In the event of any of the circumstances set forth below(hereinafter referred to as"default"), the Subcommittee may immediately terminate this Agreement: i. Any fraudulent representation on a material matter related to securing and utilizing grant funds under this Agreement. ii. Failure to satisfactorily comply with any provision of this Agreement, any term of the Grant Application, and/or any Grant Program Guideline, as determined the Subcommittee in its sole discretion. iii. Failure to adhere to the terms of applicable county, state, or federal laws,regulations, or stated public policy. B. In the event of default by the Grant Recipient, the Subcommittee has the discretion to elect to terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the grant funds within thirty(30) days from written notice or allow the Grant Recipient the opportunity to cure the default. This clause shall not be interpreted to limit the County's or Economic Development's remedies in law or equity. 6. Miscellaneous. A. Governing Law. This Agreement shall be interpreted and governed in accordance with the laws of the State of North Carolina and Orange County. Grant Recipient shall at all times remain in compliance with all applicable local, state, and federal laws,rules, and regulations including but not limited to all state and federal anti-discrimination laws,policies,rules and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this agreement Grant Recipient affirms that Grant Recipient and any subcontractors of Grant Recipient are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable,failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes a breach of this Agreement. By executing this Agreement, Grant Recipient certifies that Grant Recipient has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58. B. Status.Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, or employer and employee,between Grant Recipient and Economic Development or Orange County Government. Grant Recipient understands and agrees that he/she is not authorized to incur any expenses or any liability whatsoever on behalf of the County or Economic Development and has no authority, expressed or implied, to obligate or make representations on behalf of the County or Economic Development. OCEDaedga Jan 2017 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 C. Entire Agreement and Signatures. The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF,the Orange County and the Grant Recipient have signed this Grant Agreement, effective on the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For a datfigglyglif of the Grant Recipient FratA1ttln, aa4{.aid By: Franklin Garland , Manager Garland Gourment Mushrooms & Truffles,Inc. Form xeMehalf of Orange County Government jblA,lA,tt, hoottt rstui Bonnie Hammersley, Manager OCEDaedga Jan 2017 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 Exhibit B Additional Terms 1. The Grant Recipient agrees to cooperate in the promotion of their project to the benefit of other farm- related businesses in Orange County by allowing tours of, or presentations about, the project by associated entities such as Agricultural Extension, Orange County Economic Development, local educational institutions, or other non-profit groups who promote development of the local agriculture economy. This will be limited to two per year up to five years from the date of award or as otherwise agreed to by the Recipient and Orange County Economic Development Office. OCEDaedga July 2015 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 ORANGE COUNTY AGRICULTURAL ECONOMIC DEVELOPMENT GRANT PROGRAM GUIDELINES 1 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 ORANGE COUNTY AGRICULTURAL ECONOMIC DEVELOPMENT GRANT PROGRAM Application for Individual Farmers or Collaborative Farmer Projects The grant program assists farmers in developing new sources of agricultural income through the provision of cost-share grants. The program will provide two types of grants: • Small Grants: Up to $1,000.00 • Large Grants: From $1,000.01 - $10,000.00 Farmer Eligibility • Must reside in Orange County and their business must be headquartered in Orange County. • Collaborative/Group grants must include at least 3 farmers and may include agricultural groups and agencies Agricultural Grant Subcommittee • The Agricultural Economic Development Grant Subcommittee will be made up of five (5) members including: • The Agricultural Representative from the Orange County Economic Development Advisory Board • One member from the Orange County Cooperative Extension Staff • The Agriculture Economic Developer from Orange County's Economic Development staff. • Two farmers who are members of the Orange County Agricultural Preservation Board Procedures 1. Applicants will be referred to the Orange County Economic Development Department's website, where they will complete and submit their application. 2. Applicants will be provided interview dates and times no later than three (3) weeks prior to the Agriculture Economic Development Grant Subcommittee's next meeting date. 3. County staff will provide completed applications to the Subcommittee for their review no later than two (2) weeks prior to its next scheduled meeting. 2 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 4. At its scheduled quarterly meeting, the Subcommittee will discuss the strengths and weaknesses of complete grant application(s) and decide whether or not to take action on the request, based on the information provided. 5. The Subcommittee shall approve, deny or request additional information from the applicant. They will submit determinations in writing to County staff. 6. The applicant will be informed in writing by County staff of the Subcommittee's decision to deny, grant, grant with condition, or seek more information. If the Subcommittee denies a grant request, it shall provide a copy of the score sheet(s) to the applicant. 7. Should the Subcommittee deny an application, the Subcommittee will not consider any applications from that applicant for at least six months. Should an applicant think that their application has been improperly denied, then the applicant may notify, in writing, the Subcommittee. The notice to the Subcommittee shall state why the applicant thinks the grant should be approved. The application shall then be given further consideration by the Subcommittee and its decision is final. 8. At its discretion, the Subcommittee may impose any additional terms to a grant request. The Subcommittee may require an itemized budget detailing the proposed use of grant funds. 9. Applicants agree to utilize grant funds for their intended use. Each venture receiving a grant must provide an accounting of how all funds were used and key milestones reached by the venture within 180 days of the receipt of the grant. 10. If an applicant fails to complete item #9 in a timely manner, the County has the right to require all grant funds back from the applicant, and may initiate legal proceedings against the applicant. 12. The Subcommittee shall provide annual reports to the Economic Development Department and the BOCC of the number of grants requested, approved and denied, and a 2-3 page written analysis of the program's success metrics to date. 13. Documents, including but not limited to financial statements, business plans, customer and supplier lists, description of inventory or assets, contractual obligations and existing liabilities, submitted during the application process shall be treated as confidential information. 3 DocuSign Envelope ID:97711 D74-B654-4D90-A110-A93F8BBFB733 Expenses • Suitable expenses are those associated with the production and marketing of diversified farm enterprises, value- added and agri-tourism endeavors. Examples include, but are not limited to: seeds, fertilizer, plants, amendments, trainings, advertisements, packaging, fences, signage, facilities, supplies, tools and specialized equipment. Funds should be used as stated in the applicant's proposal. • Grant funds can be used to offset costs for: specialized equipment; retrofitting and adaptation of existing equipment; supply needs; outreach expenses; new marketing, handling or processing operations; labor for contractors, employees. • Grant funds cannot be used for: purchase of livestock; new, general-use farm equipment, or salary for farmers. Collaborators • Collaborators/ Mentors are not required, but increases the likelihood of success of your project. Mentors may include County Agriculture Economic Development Coordinators, other farmers, marketing and production specialists, extension agents, crop consultants, non-profit organizations, business and other agricultural advisors. The best collaborators bring needed expertise to the project and have a clear role in helping the project succeed. 4