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HomeMy WebLinkAbout2022-163-E-Economic Dev-ABB, Inc-Performance AgreementRevised 06/21 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 25th day of April, 2022 by and between ORANGE COUNTY (hereinafter referred to as “County”) and ABB, INCORPORATED (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated July 26, 2019, (hereinafter the “Original Agreement”), for the provision of services for incentivizing the Company’s investment in Orange County; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. Pursuant to the terms of Section 6B the Commencement Date, as defined in Section 1D is amended to June 30, 2021 and the expiration date is amended to January 31, 2026. 2. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Bonnie Hammersley Michael Gray County Manager President/CFO ABB, Inc. __________________________________ Bridget Smith Secretary ABB, Inc. DocuSign Envelope ID: 2C7B9065-AD83-4DC4-AF51-8C664CD03B51 4/26/2022 4/26/20224/28/2022 Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: ABB, Inc. Party/Vendor Contact Person: Michael Gray Contact Phone: Party/Vendor Address: 305 Gregson Dr. City Cary State: NC Zip: 27511 Department: Economic Development Amount: Purpose: Performance Agreement Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 4/25/22 Approved by Board Yes No Agenda Date: 12-7-2020 --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: 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 the Risk Management Officer ___________________________________ 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: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 2C7B9065-AD83-4DC4-AF51-8C664CD03B51 4/26/2022 4/26/2022 4/28/2022 4/28/2022