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HomeMy WebLinkAbout2021-665-E-Economic Dev-Town of Chapel Hill-INTERLOCAL AGREEMENT STATE OF NORTH CAROLINA COUNTY OF ORANGE INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT (“Agreement”) is hereby made and entered into this the 21st day of October, 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 160A-460 et seq., 160A-17.1 and other applicable laws. WITNESSETH: 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. DocuSign Envelope ID: 3E20E318-A840-4661-8EF2-4F272AB386D8 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 1st 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. DocuSign Envelope ID: 3E20E318-A840-4661-8EF2-4F272AB386D8 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 _________________ DocuSign Envelope ID: 3E20E318-A840-4661-8EF2-4F272AB386D8 11/3/2021 11/10/2021 11/21/2021 11/22/2021 TOWN OF CHAPEL HILL ROUTING FORM Vendor/Contractor Name: Document Name/Title: Department: Contact Person: Return To: Department: Date Received Initials Purchasing & Contracts Mgr (Distribution and Mailing) Date Forwarded Department Head (Review & Approve) Purchasing & Contracts Manager Finance Officer (Per Budget Act) Legal Review Deputy/Town Manager (If Required) Town Clerk (Attest, Date and Notarize) Form Revised 12/2017 Please do not remove form if revisions to document are necessary Deadline for Signing:G/L Account Number(s): Notes/Explanation Special Distribution Instructions Vendor Mailing Address/Telephone Contract Dollar Amount(s): Phone Number: Vendor # Bid # (If applicable) Contract #From Munis Contract Entry Orange County Economic Development Laura Selmer Laura Selmer Economic Development 12/1/2021 Revenue N/A Three year interlocal agreement between Town and Orange County for Launch funding. The last contract was #8957 for reference. $220,500 x2742 11452 Interlocal Agreement- Town/County Launch funding N/A DocuSign Envelope ID: 3E20E318-A840-4661-8EF2-4F272AB386D8 10/26/202110/26/2021 11/3/2021 11/3/2021 11/3/2021 11/3/2021 11/3/2021 11/3/2021 11/10/202111/10/2021 11/18/2021 11/18/2021 Revised 10/17 ORANGE COUNTY---DEPARTMENT USE ONLY---HARD COPY ONLY ______________________________________________________________________________ Department Party/Vendor Name: Town of Chapel Hill Party/Vendor Contact Person: Maurice Jones Contact Phone: Party/Vendor Address: 405 Martin Luther King Jr. Blvd. City Chapel Hill State: NC Zip: 27514 Department: Economic Development Amount: $220,500.00 Purpose: INTERLOCAL AGREEMENT Budget Code(s): 34600020 – 900049 Vendor # 64 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 10/21/21 Approved by Board Yes No Agenda Date: N/A This agreement is approved as to technical form and content: Department Director’s Signature ________________________________________ Date: ________ Information Technologies (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: Office of Risk Management_____________________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 3E20E318-A840-4661-8EF2-4F272AB386D8 11/18/2021 11/18/2021 11/21/2021 11/22/2021