HomeMy WebLinkAboutOTHER-2021-048-Interlocal agreement with Chapel Hill for LAUNCH, Inc. STATE OF NORTH CAROLINA
COUNTY OF ORANGE
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT ("Agreement") is hereby made and entered into this the
day of , 2021 , by and between ORANGE COUNTY, hereinafter referred
to as (" County") , and the TOWN OF CHAPEL HILL , hereinafter referred to as ("Town")
pursuant to N . C . Gen . Statute 160A460 et seq . , 160A47 . 1 and other applicable laws .
WITNESSETH :
i
WHEREAS , County and Town desire to continue with a partnership originally initiated through
a 2012 interlocal agreement, and renewed in new 2016 and 2019 agreements between the Parties ,
whereby local startup businesses in the "LAUNCH, Inc . " incubator have more opportunities to
remain in Orange County and Chapel Hill .
NOW, THEREFORE, in consideration of the mutual covenants , promises and agreements
contained herein, the parties hereto agree as follows .
1 . County Grant. County shall grant to the Town a sum of two hundred twenty thousand five
hundred dollars ($ 220 , 500 . 00) . This grant shall be payable in twelve ( 12) quarterly installments
of eighteen thousand three hundred seventy-five dollars ($ 18 , 375 . 00) . Town acknowledges and
agrees the full amount, which shall not exceed two hundred twenty thousand five hundred
($ 220 , 500 . 00) , shall be expended by the Town for the sole purpose of establishing and
maintaining a small business incubator space located at 306 W . Franklin Street, Chapel Hill ,
North Carolina 27516 (the nonprofit LAUNCH, Inc . ) . County and Town agree this grant is the
full extent of the County ' s contribution . Town shall be responsible for conducting any
statutorily required public hearing prior to the expenditure of any grant funds .
2 . Town Obligation. Town shall be responsible for receiving the grant from Orange County,
and together with matched Town resources , remit them to Launch, Inc . for operation and rent to
support a Small Business Accelerator to assist in the growth of businesses in Orange County .
3 . Term . The term of this Agreement shall commence the 1 st day of January 2022 and shall
continue for a period of thirty- six (36) months , expiring on 12/31 /24 . Any such renewal , or any
other modification, shall be accomplished through a mutually agreed upon written amendment to
this Agreement and may be approved and executed by the managers of the County and Town .
4 . Reporting. Town shall on or before July 1 annually during the term of this Agreement
provide a report to the Orange County Manager detailing the expenditure of the grant funds
described in Section 1 above . Upon request by County, Town shall provide County with any
audit or underlying documents necessary to verify the contents of the annual report . In the event
such report or documents are not provided County may suspend grant installments until such
time as the report or documents are provided .
5 . Force Majeure/Emergency Non-Appropriation . In the event Town or County should be
delayed in, or prevented from, performing or carrying out any of the agreements , covenants , or
obligations made by, and imposed upon, said Party by this Agreement, by reason of or through
any cause reasonably beyond its control and not attributable to its neglect, including but not
limited to condemnation, order of any court granted in any bona fide adverse legal proceeding or
action, explosion, fire or other act of God or public enemies , and/or emergency non-
appropriation, then, in each such case or cases , the affected Party shall be relieved of
performance under this Agreement .
6 . Termination . The County and Town may terminate this Agreement upon mutual written
agreement approved by the County ' s and Town ' s managers . Either County or Town may
terminate this Agreement upon a material breach by the other . Material breach includes but is
not limited to the failure by Town to expend grant funds as required by this Agreement .
Effective the date of termination any termination of this Agreement relieves County of any
further responsibilities or obligations established by this Agreement .
IN WITNESS WHEREOF , the parties have caused this Interlocal Agreement to be executed as
of the day and year first above recorded .
FOR ORANGE COUNTY FOR TOWN OF CHAPEL HILL
By : By :
Bonnie Hammersley Maurice Jones
Orange County Manager Chapel Hill Town Manager
This instrument has been pre - audited in the manner required by the Local Government Budget
and Fiscal Control Act ,
Orange County Chief Financial Officer
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act .
Town of Chapel Hill Finance Director