HomeMy WebLinkAbout2022-376-E-Economic Dev-JABIN-Business Investment GrantRevised 4/22
ORANGE COUNTY ECONOMIC DEVELOPMENT
BUSINESS INVESTMENT GRANT AGREEMENT
THIS AGREEMENT, entered into this 15th day of August, 2022, by and between Orange County
(“County”), by and through Orange County Economic Development (“Economic Development”) and
JABIN L.L.C. “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 existing Orange County business; and,
WHEREAS, the Grant Recipient was selected to receive the Orange County Business Investment
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 June 28, 2022 and incorporated by
reference, subject to this Agreement, the Business Investment 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 five thousand dollars ($5,000.00) 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 Exhibit A.
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 a ny way
connected to the use of the grant funds.
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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 by 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 the
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 Statues 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.
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.
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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
By: ___________________________________
Homayoon Ershadi, Manager
For and on behalf of Orange County Government
_______________________________________
Bonnie Hammersley, County Manager
Exhibit A
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ORANGE COUNTY BUSINESS INVESTMENT GRANT PROGRAM
Guidelines
PURPOSE
The purpose of the Orange County Business Investment Grant Program (Grant Program) is to stimulate
successful non-farm Business Investment development and expansion in Orange County (County).
Farmers should complete the Orange County Agricultural Grant Application.
By making economic development grant funds available, the County will be growing its entrepreneurial
ecosystem and supporting existing Business Investment and early-stage venture growth, in order to
increase jobs, opportunities and grow the commercial tax base in Orange County.
Businesses receiving funding through this program will be encouraged to be good corporate citizens and
encouraged to employ Orange County residents.
The program will provide two types of grants:
Small Grants: Up to $1,500.00
Large Grants: From $1,500.01 - $10,000.00
Orange County actively seeks to support and increase the participation of women and minority owned
businesses in this grant program. Partner organizations are available to assist any applicant with the
required documentation to submit the grant application. Please reach out to the Economic Development
Department (edcmail@orangecountync.gov or 919-245-2325) with any questions, or for assistance
getting connected with any of the partner organizations listed below.
SCORE Chapel Hill (Service Corps of Retired Executives)
104 S. Estes Drive, Chapel Hill, NC 27516
(919) 240-7765
https://chapelhill.score.org/
Chapelhillinfo@scorevolunteer.org
SBTDC (Small Business & Technology Development Center)
UNC Chapel Hill, 1700 Martin Luther King Jr Blvd
Suite 115 / CB# 1823, Chapel Hill, NC 27514
(919) 962-0389
http://www.sbtdc.org/offices/unc/#sthash.UJQjZW0L.dpuf
The Small Business Center (Durham Technical Community College)
The Chesterfield
701 W. Main Street, Suite 203, Durham, NC 27701
919-536-7241
https://www.durhamtech.edu/small-business-center
GRANT SUBCOMMITTEE
The Grant Subcommittee (Subcommittee) will review all applications and make grant
recommendations. The Subcommittee will be comprised of 5 members from the Orange Count y
Economic Development Advisory Board.
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The Subcommittee Chair, elected by the Subcomm ittee, shall generally monitor the duties of the Grant
Program administration; make sure grant proposals are properly prepared prior to their presentations at
the Subcommittee meetings; and oversee the preparation of commitment letters to approved grantees ,
with the assistance of County staff if needed. Grant commitment letters will be signed by the Chair
and/or by County staff.
The Subcommittee will have the following responsibilities:
Find creative ways to grant funds to stimulate successful Business I nvestment development and
job creation.
Review grant applications quarterly and, determine which applications meet eligibility
requirements and whether an eligible application will be approved, approved with conditions,
submitted to the applicant for more information, or denied funding.
Periodically review status of existing grants to determine if funds are being used in the manner in
which they were intended, and recommend appropriate corrective action where needed.
Evaluate grant application requirements and make appropriate adjustments as needed to
accomplish the objectives of the program.
Conduct annual review of grants and their impact on the County’s Business Investment
environment.
Provide explanation of why grant was not approved, if requested.
GRANT PROGRAM ADMINISTRATION
The Grant Program will be administered by a Subcommittee consisting of five members from the
Orange County Economic Development Advisory Board. The Subcommittee will meet quarterly to
make and facilitate grants. A quorum will consist of 3 voting members of the Subcommittee. As outlined
in the Orange County Advisory Board Ethics Guidelines, a member shall disclose any potential conflict
of interest and request to be excused from voting when there is a conflict of interest. County staff may
be utilized to service grants, including receiving applications, notifying applicants of the Subcommittee ’s
decision, making payment to recipients, and generating administrative reports.
DEADLINES (of each year by 5:00 pm)
March 31
June 30
September 30
December 31
FUNDING
The County will provide funding for the Grant Program through revenues generated from the Orange
County quarter cent sales tax.
COMMITMENT PERIOD
The County will support the Program until funding is exhausted; demand for the Program no longer
exists, or until it is no longer financially feasible.
ELIGIBILITY
Applicant’s business must be located in Orange County in areas zoned appropriately for their
use.
Applicant’s business must be in operation, generating sales/revenue, for at last 6-months prior
to the application deadline.
Applicants and their businesses must not have any past due tax, fee, or fine applicable to
Orange County.
Applicant must be current with any existing Orange County Small Business Loan, CROP Loan
or Emergency Small Business Loan Payments.
Applicant must wait at least 6-months from previous award before reapplying if they have
received funding under the small grant category, or one year if they have received funding
under the large grant category.
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Duplication of benefits prohibited. No individual business or affiliated owner(s) shall receive in
excess of $10,000 from Orange County’s Small Business and Large Business Investment Grant
Programs, the Agriculture Grant Program, and any other County grant awards over a two year
period. This prohibition includes a situation in which the same owner(s) owns multiple
businesses. In such a situation if one or more of the multiple businesses applied for a grant(s)
the maximum available to any one or more of such businesses is $10,000.
Individuals who have taken legal action against the County in the past 12-months, or have an
active legal case, and who applies for any available County grant program, are ineligible to
apply for and receive grant funding through Orange County Government until the settlement or
dismissal of such legal action.
CONDITIONS OF RECEIVING A GRANT
Applicant must fill out a grant application and submit required supporting documents through
Submittable.
Applicant may be asked to provide additional information via email or through a short video
uploaded to the Submittable platform about how grant funds will be used, and to answer any
questions about their business or application.
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. This accounting will
include a request for proof of expenditures made including copies of receipts and/or photos of the
equipment or facility upgrades made. If grant funds are used towards employee costs, a copy of
the business’ NC Employment Security Commission reports or IRS 941 Payroll quarterly reports
shall be provided to the County as evidence of compliance.
As a condition of receiving grant funds, Grant recipients may be asked to commit to mentoring
with an experienced business coach or mentor at:
SCORE Chapel Hill (Service Corps of Retired Executives)
104 S. Estes Drive, Chapel Hill, NC 27516
(919) 240-7765
https://chapelhill.score.org/
Chapelhillinfo@scorevolunteer.org
SBTDC (Small Business & Technology Development Center)
UNC Chapel Hill, 1700 Martin Luther King Jr Blvd
Suite 115 / CB# 1823, Chapel Hill, NC 27514
(919) 962-0389
http://www.sbtdc.org/offices/unc/#sthash.UJQjZW0L.dpuf
The Small Business Center (Durham Technical Community
College)
The Chesterfield
701 W. Main Street, Suite 203, Durham, NC 27701
919-536-7241
https://www.durhamtech.edu/small-business-center
Launch, Inc.(by application)
321 W Rosemary St, Chapel Hill, NC 27516
(919) 240-7765
http://www.launchchapelhill.com/
info@launchchapelhill.com
1789 Venture Lab (by application)
173½ East Franklin Street, Chapel Hill, NC 27514
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http://1789venturelab.com/
1789management@gmail.com
A mentor approved by the Subcommittee
ELIGIBLE USES OF GRANT PROCEEDS
Working capital or operational funds to be used for a specific purpose; to include expenses
such as marketing, advertising and inventory etc.
Purchase of equipment, or machinery.
Expansion of business services or products.
Work force expansion; to include employee salary (at or above the Orange County living wage)
Tenant up-fit or leasehold improvements.
GRANT PROCEEDS SHALL NOT BE USED FOR THE FOLLOWING
Towards the cost of any tax implications of receiving the grant funds
Re-granting funds and/or utilizing funds to cover a product or service that would be donated by
the business
Paying off or reducing existing bank debt or investor loans
Purchase of equipment or improvement of real estate, which are used or to be used for
personal use
Rent
Political activities
Owner salary
Speculative ventures (Examples: cryptocurrency purchases, commodity futures).
Lending or investment
Real property held for sale or investment
Pyramid sales - distribution plan businesses
Foreign controlled businesses
Private membership clubs
COMPLIANCE WITH APPLICABLE REGULATIONS
In all cases, grants made from this program must be consistent and in accordance with the following:
All state and local regulations governing the applicant's business.
Terms and conditions established by the Subcommittee for each particular applicant.
Policies established by the Board of County Commissioners dealing with the Grant Program.
Ventures that implement planning and economic development policies which create a balanced,
dynamic local economy that promotes diversity, sustainable growth, and enhanced revenue while
embracing community values will also be given priority.
AMOUNT OF GRANTS
Small Grant - Minimum Up to $1,500.00
Grant applications for $1,500.00 or less will have a separate and simplified application.
Use of Funds - Priority will be given to ventures demonstrating a clear need for grant funds to grow their
business, hire additional staff, grow the commercial tax base, and/or create a significant social and
economic impact in the County.
Large Grant – Maximum Up to $10,000.00
Grant applications for $1,500.01 or more will require additional financial information and documentation
of how grant proceeds will be used. Should market conditions change, or in the event of an applicant
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with extraordinary conditions, a grant amount exceeding the maximum may be considered by the
Subcommittee. All grants are subject to availability of funds.
High Potential Founders - Although all applicants will be considered, business owners who exhibit the
following characteristics will be given priority:
a. Have a thorough understanding of their market
b. Have assembled a talented paid team of employees
c. Have a passion for building their venture in Orange County
High Potential Ventures - Priority will be given to “growth” ventures capable of expanding rapidly,
renting office space in Orange County, and hiring Orange County employees.
Use of Funds - Priority will be given to applicants demonstrating a clear need for grant funds to grow
their business, hire additional staff, grow the commercial tax base, or create a significant social impact in
the County.
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GRANT APPLICATION GUIDELINES
Small Grant Application Requirements
$1,500.00 or less
GRANT APPLICATION GUIDELINES
Large Grant Application Requirements
($1,500.01 - $10,000.00)
Business Information:
1. Date Business Opened
2. Business Name/DBA
3. Legal Business Structure
4. Street Address/Mailing Address
5. What type of business space
6. Tax ID/ Employment Identification Number
7. Business phone number
8. E-mail address
9. Website/Social Media Account
10. Business Owner(s) Name
11. Business Owner(s) Address
12. Business Owner(s) % of Ownership
13. Brief Description of Business (Target Market and
Customer Base)
14. Number of Employees (Full and Part Time)
15. Do you pay a living wage/what % of employees
16. Describe your potential to add jobs
17. Commitment to keep business in Orange
County
Business Financial Information:
18. Sales for operating history
19. Business Checking Account Balance
20. Source of Funding
21. Balance In Other Accounts
22. Existing Business Debts
23. Business Financial Statements for operating
history (Balance Statement, Profit & Loss, etc.)
Grant Use Details:
24. Amount of Grant Requested
25. Brief description of grant project, including
details of how funds will be used, goals and
objectives and anticipated benefits of the project
to your business.
Optional Additional Information:
26. Video (5 minutes or less) or Photos showcasing
your business
Business Information:
1. Date Business Opened
2. Business Name/DBA
3. Legal Business Structure
4. Street Address/Mailing Address
5. What type of business space
6. Tax ID/ Employment Identification Number
7. Business phone number
8. E-mail address
9. Website/Social Media Account
10. Business Owner(s) Name
11. Business Owner(s) Address
12. Business Owner(s) % of Ownership
13. Brief Description of Business (Target Market and
Customer Base)
14. Number of Employees (Full and Part Time)
15. Do you pay a living wage/what % of employees
16. Describe your potential to add jobs
17. Commitment to keep business in Orange
County
●
Business Financial Information:
18. Annual Sales for operating history
19. Current Business Checking Account Balance
20. Source of Funding
21. Balance(s) In Other Accounts
22. Existing Business Debts
23. Business Financial Statements for operating
history (Balance Statement, Profit & Loss, etc.)
Description of Business Operations:
24. Detailed Written Business Plan (5-10 pages) or
PowerPoint Pitch Deck
Grant Use Details:
25. Amount of Grant Requested
26. Brief description of grant project, including
details of how funds will be used, goals and
objectives and anticipated benefits of the project
to your business.
Optional Additional Information:
27. Video (5 minutes or less) or Photos showcasing
your business
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PROCEDURES
Applicants will be referred to the Orange County Economic Development (Department) website
where they will complete and submit their application. Applications (with required documents) must
be submitted via Submittable.
1. If asked to appear before the Subcommittee, applicants will be provided interview dates and
times no later than two weeks prior to the Subcommittee’s next meeting date.
2. County staff will provide completed applications to the Subcommittee for their review no later
than three weeks prior to its next scheduled meeting. The Subcommittee will complete their
review of the applications in Submittable at least two business days prior to the scheduled grant
review meeting.
3. 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.
4. The Subcommittee shall take action that may include funding the request at the full amount,
partially funding the request, deferring the request to the next grant cycle while requesting
additional information, or denying the request. They will comment on the applications via
Submittable.
5. 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 an explanation to the applicant.
6. 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.
7. 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.
8. 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, or will be used, and key milestones
reached by the venture within 180 days of the receipt of the grant. This accounting will include a
request for proof of expenditures made including copies of receipts and/or photos of the equipment or
facility upgrades made. If grant funds are used towards employee costs , a copy of the business’ NC
Employment Security Commission reports or IRS 941 Payroll quarterly reports shall be provided to
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the County as evidence of compliance.
9. As a condition of receiving grant funds, grant recipients may be asked to commit to a mentoring
period as detailed above (CONDITIONS OF RECEIVING A GRANT).
10. If an applicant fails to complete items #8 and #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.
11. 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.
12. 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.
Exhibit B
Additional Terms
No additional terms imposed.
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: JABIN L.L.C. Party/Vendor Contact Person: Homayoon Ershadi Contact Phone: 919-909-
6075 Party/Vendor Address: 607 Nottinghill Walk City Apex State: NC Zip: 27502 Department: Economic
Development Amount: $5,000 Purpose: Business Investment Grant Budget Code(s): 34600020-900051 Vendor #
67120 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New
Renewal Amendment Effective Date 8/15/22 Approved by Board Yes No Agenda Date: N/A
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: N/A
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:_________
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