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HomeMy WebLinkAbout2023-064-E-Economic Dev-Parker Farms of Orange County-AG Economic Development GrantOCEDaedga 01-23 ORANGE COUNTY ECONOMIC DEVELOPMENT AGRICULTURAL ECONOMIC DEVELOPMENT GRANT AGREEMENT THIS AGREEMENT, entered into this 7th day of February, 2023, by and between Orange County (“County”), by and through Orange County Economic Development (“Economic Development”) and Parker Farms of Orange County, LLC (“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 December 30, 2022 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 eight thousand six hundred thirty nine dollars ($8,639.00) 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. DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23 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. DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23 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 Thomas Watson Parker, Member Date For and on behalf of Orange County Government Date DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 2/9/2023 2/10/2023 OCEDaedga 01-23 Exhibit A Guidelines ORANGE COUNTY AGRICULTURAL ECONOMIC DEVELOPMENT GRANT PROGRAM GUIDELINES Updated January 4th 2023 Application for Individual Farmers or Collaborative Farmer Projects This program is intended to provide assistance to Orange County farmers in developing new sources of agricultural income through the provision of cost-share grants. Individual grant limit is $10,000. Farmer applicants must be able to demonstrate that their existing operation is a verifiable farm business meeting the following requirements.  Land - owned or leased by applicant in Orange County  Infrastructure - suitable for existing operation and any required expansion  Market - defined, accessible, with history of sales  Experience - knowledge, ability, and demonstrated relevant experience  Concept – demonstrates a valid need and specific request Or, in the case of a newly developing farm enterprise, the applicant must be able to demonstrate the following requirements:  Land - owned or leased by applicant in Orange County  Infrastructure - suitable for proposed project (site, etc.)  Market – researched, defined, and accessible  Experience - knowledge and ability relative to the proposed project  Concept – demonstrates a valid need and specific request Farmer Eligibility  The farm tract and farming operation on which the funds are to be used must be in Orange County in areas zoned appropriately for their use.  Collaborative/Group grants must include at least 3 farmers and may include agricultural groups and agencies.  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.  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. Some individual programs may have more stringent restrictions in an effort to spread the funding across as many individual operations as possible. For the Agriculture Grant Program, as noted below in the guidelines, the $10,000 maximum covers a 3-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. DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23  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. Agricultural Grant Subcommittee  The Agricultural Economic Development Grant Subcommittee will be made up of five (5) members including:  The Agricultural Representative from the Orange County Economic Development Advisory Board (OCEDAB),  Two members of the Orange County Agricultural Preservation Board (OCAPB) who are farmers in Orange County (chosen by the OCAPB),  One “at-large” farmer from Orange County,  One “at-large” food system or agriculture business practitioner from Orange County with relevant and beneficial experience  Diversity among the Subcommittee is essential in ensuring equitable management of the Grant Program. Every effort will be made by the existing Subcommittee and support staff to seek qualified members from the categories above to encourage diverse participation with regard to race, ethnicity, national origin, gender, and age,  Designated members from the OCEDAB or OCAPB may serve up to 3 years with an option for renewal if the Subcommittee approves, as long as they are active members of the designated Boards.  “At-large” members are recruited by the Subcommittee for approval by the County Manager and may also serve up to 3 years with option for renewal,  Participation is expected and essential. If a member misses more than 2 meetings in a fiscal year (approximately 50%), the Subcommittee will have the option to remove that member.  A quorum is required for the Subcommittee to hold an official meeting and conduct business. A quorum is considered attendance by a simple majority of the active members. Attendance may be in-person, virtual, or telephonic.  The Subcommittee will meet quarterly (if funds are available) to review applications and also as required to conduct follow-up or general business.  Support will be provided by staff from the Orange County Economic Development Office and Orange County NC Cooperative Extension Service Procedures 1. Applicants will be referred to a common application link residing on both Orange County’s website and Orange County NC Cooperative Extension’s website, where they will complete and submit their application. Hard copies of the application will be provided upon request of the applicant if they cannot access the link. Quarterly application deadlines are; September 30th, December 31st, March 31st, and June 30th. The Subcommittee will meet soon after each quarterly deadline if applications have been submitted for that period. 2. County staff will provide completed applications to the Subcommittee for their review after the closing deadline and before the scheduled review meeting. 3. Quarterly review meetings will begin at the start of each funded fiscal year and will continue until funds are expended for that funding year. At its scheduled quarterly meetings, 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. All Applications must be DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23 complete, including a descriptive budget. Additional information may be provided if necessary to add clarity or better justification for how funds will be used. 4. The Subcommittee shall approve, deny, or defer and request additional information from the applicant based on the strengths and weakness of the application as reflected in the comprehensive scoring sheet (discussed and agreed-to by the Subcommittee). The Subcommittee may request an interview from an Applicant if greater detail is required to act on the application. Support staff will attend each meeting and document actions of the Subcommittee. 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 a copy of the score sheet to the applicant. 6. Should the Subcommittee fully 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. 8. The Subcommittee may request alternative use for the funds from County management should an event or condition broadly impact agricultural operations in the County such that the intent, criteria, and schedule of funding be reconsidered to address that impact. 9. Applicants agree to utilize grant funds for their intended use unless having successfully presented a revised scope of work to the Subcommittee. Each venture receiving a grant must provide an expenditure report indicating 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. Any use of grant funds for non-intended uses must be justified by a revised scope of work pre-approved by the Subcommittee. 10. If an applicant fails to complete item #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 of the number of grants requested, approved and denied, and an 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. Expenses Suitable expenses are those associated with the production and marketing of diversified farm enterprises, value- added and agri-tourism endeavors. Funds are not intended for farmer or full- time employee salaries or normal farm operational costs (utilities, insurance, rent, etc.). Funds DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23 should be used as stated in the applicant’s proposal unless any requested changes are pre- approved by the Subcommittee. Funding Limits The maximum amount any one farm can receive within 3 years of initial funding is $10,000. Multiple applications and subsequent awards of less than the $10,000 limit may be made within the 3-year period by one farm entity but may not exceed $10,000 in total awards for the 3-year period. Advisors Mentors Although not required, advisors and mentors can bring valuable expertise and may increase the likelihood of success of your project. These may include County Agriculture Economic Development Coordinators, other farmers, marketing and production specialists, extension agents, crop consultants, non-profit organizations, business and other agricultural advisors. DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 OCEDaedga 01-23 Exhibit B Additional Terms The Grant Recipient agrees to cooperate in the promotion of their project to the benefit of other farm- related businesses in Orange County by allowing tours of, or presentations about, the project by associated entities such as Agricultural Extension, Orange County Economic Development, local educational institutions, or other non-profit groups who promote development of the local agriculture economy. This will be limited to two per year up to five years from the date of award or as otherwise agreed to by the Recipient and Orange County Economic Development Office. DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 Revised 07/20 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Parker Farms of Orange County, LLC Party/Vendor Contact Person: Watt Parker Contact Phone: 919-201-9666 Party/Vendor Address: 711 Olin Road City: Cedar Grove State: NC Zip: 27231 Department: Economic Development Amount: $8,639.00 Purpose: AG Economic Development Grant Budget Code(s): 34600020-900050 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 2/7/23 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:_________ DocuSign Envelope ID: 3D03AFA8-FFE7-4430-AA73-1473AC93F199 2/9/2023 2/10/2023 2/10/2023