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Home My WebLink About2020-861-E Economic Dev - Amber Burgin agriculture investment grant DocuSign Envelope ID:4BAAF2B3-1CA6-4688-95B4-5ACD8A61E7CA ORANGE COUNTY ECONOMIC DEVELOPMENT AGRICULTURAL ECONOMIC DEVELOPMENT GRANT AGREEMENT THIS AGREEMENT, entered into this 21 st day of October, 2020,by and between Orange County ("County"),by and through Orange County Economic Development("Economic Development") and Amber Elizabeth Burgin ("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 9/30/2020 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 ($10,000.00)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 June 2016 DocuSign Envelope ID:4BAAF2B3-1CA6-4688-95B4-5ACD8A61E7CA 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 June 2016 DocuSign Envelope ID:4BAAF2B3-1 CA6-4B88-95B4-5ACD8AB1 E7CA 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 and on behalf of the Grant Recipient D—Signed by: AMkr 15WIV" 10/21/2020 CI M'92BBkB2... Amber Burizin Date For and on behalf of Orange County Government LDO-Sig"ed by: � NAML'� 10/23/2020 Date OCEDaedga June 2016 DocuSign Envelope ID:4BAAF2B3-1CA6-4688-95B4-5ACD8A61E7CA ORANGE COUNTY---DEPARTMENT USE ONLY---HARD COPY ONLY Department Party/Vendor Name: Amber Elizabeth Burgin Party/Vendor Contact Person: Amber Burgin Contact Phone: 919- 423-8219 Party/Vendor Address: 9419 Theresa Lane City: Rou eg mont State: NC Zip: 27572 Department: Economic Development Amount: 10,000 Purpose:AR Economic Development Grant Budget Code(s): 34600020- 900050 Vendor#66727 (N/A if new vendor) Vendor is a BOCC consultant? Yes❑No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 10/21/20 Approved by Board Yes❑ No® Agenda Date:N/A This agreement is approved as to technical form and content: Doc Signed by: 10/21/2020 ��'� Date:Department Director's Signature g'�+��s 37BD4EFAC1BE410... Information Technoloeies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: LK Sig by: 10/21/2020 Office of Risk Management � � b Date: Financial Services This instrument has been pre-audited in the manner required ed by the Local Government Budget and Fiscal Control Act: D Office of the Chief Financial Officer Date:1012212020 794E=' Legal Services This agreement is approved as to legal form and sufficiency: L'Do.:uSign*d by: �o�ys 10/23/2020 Office of the County Attorney Date: Clerk to the Board Received for record retention: Office of the Clerk to the Board Date: Revised 6/16