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2023-212-E-AMS-Eno River farmers Market-Eno River farmers Market compost monitors
COMMUNITY CLIMATE ACTION GRANT PERFORMANCE AGREEMENT THIS AGREEMENT, made and enter ed into the first day of April, 2023, (“Effective Date”) by and between the County of Orange, a political subdivision of the State of North Carolina, Post Office Box 8181, Hillsborough, North Carolina, 27278, ("County") and Eno River Farmers’ Market, Inc., a legal entity corporation, located at 144 E Margaret Lane, Hillsborough, North Carolina 27278 (“Provider”). WITNESSETH: WHEREAS, it is in the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the Board of Commissioners. NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and Provider agree as follows: 1. Term of the Agreement. The term of this Agreement shall be two years beginning April 1, 2023 to March 31, 2025. 2. Scope of Services. a. Provider will provide services, as outlined in the attached Community Climate Action Grant Program Application and any amendments or revision thereto which is attached as Exhibit “A” and incorporated by reference, to the residents of Orange County. The Scope of Services and the Program Budget may be different from the original application based on County appropriation; however, any revisions or amendments to this Agreement must be approved in writing by the County and attached to this Agreement as Exhibit B. b. The Provider shall be solely responsible for the means, methods, techniques, sequence, safety program and procedures necessary to properly and fully complete the work set forth in the Scope of Services. 3. Funding. a. The County agrees to appropriate for the provision of services described in Exhibit A, the Community Climate Action Grant Program Performance Application, Exhibit B, the Revised, Scope of Services and more particularly described in the Revised Program Budget, the maximum sum of $4,500. b. All funds appropriated shall be used for purposes described in Exhibit A. Any funds not used for the purposes stated shall be returned to the County. Any changes in the use of funds must be authorized in writing by the County prior to any expenditure of the funds by the Provider. If the funds are expended not in accordance with the Scope of Services, at the discretion of the County the Provider may be required to repay the funds to the County. c. The Prov ider shall be paid in installments in the amount of See Exhibit C to be paid as follows: See Exhibit C. The first payment is contingent upon receipt of the agency’s performance agreement; the remaining payments are contingent upon receipt of the request for reimbursement and r elated supporting documentation and performance outlined in the Revised Scope of Services and Project Budget in Exhibit B. If the project described in Exhibit A requires funds to be provided on a different or more accelerated schedule, the Provider may request an alternative payment schedule, which if approved, will be attached to this Agreement as Exhibit C, Alterative Payment Schedule. Should an Alternative Payment DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 schedule be approved, the Provider will still be required to submit quarterly Progress Reports for the duration of the Term of the Agreement. d. The County’s obligation to make the quarterly payments is contingent upon receipt of Progress Reports, which show satisfactory progress toward completion of performance measures and an accounting of expenditures as detailed in the attached Exhibits B and C. e. Once Provider has satisfied its obligations as provided in (c) payment will be made 21 days after receipt of the Progress Report and Request for Reimbursement or 21 days after due date of Progress Report whichever is later. f. The County is not obligated to provide any other support to Provider in this or in succeeding fiscal years. 4. Agency Reporting. a. Provider will provide Orange County a Progress Report that includes a fiscal report and updates on performance measures as outlined in Exhibit B, Revised Scope of Services. . Progress Report dates are: April 1-June 30, July 1-September 30, October 1-December 31 and January 1-March 31. Reports are due on July 15, October 15, January 15 and April 15 of the program fiscal year. b. Provider agrees to allow the County to inspect its financial books and records, which document costs of those services, upon reasonable notice during normal working hours. 5. Termination. a. Termination for Cause. In the event of any of the circumstances set forth below (hereinafter referred to as “default”), the County may immediately terminate this Agreement, in whole or in part, and from time to time. Notice of termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination: i. In the event that Provider shall cease to exist as an organization or shall enter bankruptcy proceedings, be declared insolvent, or liquidate all or substantially all of its assets, or significantly reduce its services or accessibility to Orange County residents during the term of this Agreement; or ii. In the event that Provider shall fail to render a satisfactory accounting as provided in section 4 above, the County may terminate this Agreement and Provider shall return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered; or iii. In the event of any fraudulent representation by the Provider in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement. iv. Nonperformance, incomplete service or performance, or failure to satisfactorily perform any part of the work identified in the Scope of Services or to comply with any provision of this Agreement, as determined by the County in its sole discretion. v. Failure to adhere to the terms of applicable county, state or federal laws, regulations, or stated public policy. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 b. In the event of default by the Provider, the county may elect to terminate this Agreement, in whole or in part and/or require the Provider to repay the funds within ten (10) business days from written notice of default. The County may (but shall not be required to) grant the Provider an opportunity to cure the default without termination of this Agreement. This clause shall not be interpreted to limit the County’s remedies in law or in equity. c. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be prorated to the date of termination and any unused funds shall be returned to the County within 10 days of termination. d. Any termination of this Agreement for default under this section that is later deemed to be unjustified shall be deemed a termination for convenience. e. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 6. Responsibilities of the County. Cooperation an d Coordination. The County has designated (Amy Eckberg ) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance. a. General Requirements. The Provider shall purchase and maintain, during the period of performance of this Agreement, insurance: i. Worker’s Compensation. For protection from claims under workers' or workmen's compensation acts; ii. Comprehensive General Liability Insurance covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Consultant's employees or any other person and to real and personal property including loss of use resulting thereof; iii. Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and iv. Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Consultant or his agents, consultants and employees. v. Sexual Misconduct. Sexual Abuse/Molestation Insurance is required when Provider works directly one-on-one with children, elderly or other at-risk populations. b. Limits of Coverage: Minimum limits of insurance coverage shall be as follows: DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE • Worker's Compensation Limits for Coverage A - Statutory State NC & Coverage B - Employers Liability $500,000 each accident, disease policy limit and disease each employee • Commercial General $1,000,000 Each Occurrence Liability $2,000,000 Aggregate • Automobile Liability $500,000 Combined Single Limit • Professional Liability $1,000,000 Each Occurrence $2,000,000 Aggregate • Sexual Misconduct $1,000,000 Each Occurrence $2,000,000 Aggregate c. All insurance policies (with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the County as an additional insured party and as a certificate holder. For more information see the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements, (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Evidence of such insurance and all correspondence shall be sent to: Orange County Risk Manager Post Office Box 8181 Hillsborough, NC 27278 d. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. 8. General Provisions. a. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. b. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by Orange County the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange County Non -discrimination Policy, which is incorporated herein by reference and can be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County may enforce this provision by an action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference t o the above subject manner. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Living Wage. Orange County is committed to providing its employees with a living wage and encourages agencies if funds to pursue the same goal. The Orange County Living Wage Policy, which is incorporated herein by reference, can be viewed at: http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The County’s living wage is $16.60 per hour. To the extent possible, Orange County rec ommends that Provider provide a living wage to its employees. e. Relationship of the Parties. Provider is an independent contractor of the County. Provider represents that they have or will secure, at his own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized and permitted under federal, state and local law to perform such services. f. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, ordinances, orders and regulations of the federal, state or local governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following execution of this agreement. g. Subcontract. The County and Provider deem the services provided under this Agreement to be personal in nature and Provider may not subcontract any rights or duties under this Agreement to any other party without prior written consent from the County. h. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to any other party without the prior written consent of the County. i. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Provider to indemnify the County to the extent permitted under North Carolina law. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity defenses. j. Non-Appropriation. This Agreement is subject to the availability of funds to purchase the specified services and may be terminated at any time if such funds become unavailable. k. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of t he State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 l. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. m. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Eno River Farmers’ Market, Inc. Attention: Amy Eckberg Attention: Bradley Dokter P.O. Box 8181 Address: P.O. Box 487 Hillsborough, NC 27278 Hillsborough, NC 27278-2686 Email:aeckberg@orangecountync.gov Email: bddokter@gmail.com n. Signatures. 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 Provider have signed this 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 Provider _____________________________ _______________________ , Date For and on behalf of Orange County Government _______________________________ ________________________ Bonnie Hammersley, County Manager Date DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 5/8/2023 5/10/2023 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Eno River Farmers; Market, Inc. Vendor Contact Person: Corly Jones Phone: 952-412-5940 Address: 144 E Margaret Lane City Hillsborough State: NC Zip: 27278 Department: Asset Management Services Amount: $4,500 Purpose: Eno River Farmers’ Market Compost Monitors Budget Code(s): 61370035-803072-30052 Vendor # 58787 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes X No Contract Details Contract Type: New X Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 4/1/23 End Date 3/31/25 Notice Date (Notice Purpose ) Award X Approved by Board (Agenda Date: 1/17/23); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation X 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 5/8/2023 5/9/2023 5/10/2023 Exhibit A Provider’s Outside Agency Application -Community Climate Action Grant Proposal -Agenda – 1.17.23 BOCC Board Meeting – Item 6b DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Exhibit B Community Climate Action Grant Program’s Revised Scope of Services and Program Budget No Revisions DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Climate Action Grant Program Revised 04/23 Page 10 of 10 Exhibit C Community Climate Action Grant Program’s Alternative Payment Schedule Quarter 1: April - June 2023 $1300 total Monitor compensation April: $500 Monitor compensation May: $400 Monitor compensation June: $400 Quarter 2: July - September 2023 $1480 total Monitor compensation July: $500 Monitor compensation August: $400 Monitor compensation September: $400 (no market on September 16 - Hogg Day) Cleaning / Sanitation Supplies: $44 Workers’ Compensation Insurance Premium: $136 Quarter 3: October - December 2023 $1070 total Monitor compensation October: $400 Monitor compensation November: $420 (extended hours on 11/25 – Small Business Saturday Art Showcase) Monitor compensation December: $250* Quarter 4 January - March 2024 $650 total Monitor compensation January: $200* Monitor compensation February: $200* Monitor compensation March: $250* Total as is: $4,500 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Eno River Farmers’ Market, Inc. Orange County Community Climate Action Grant Program Performance Agreement Page 11 of 10 Rev.04/23 Exhibit D Community Climate Action Grant Certificate of Liability Insurance Requirements DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Eno River Farmers’ Market, Inc. Orange County Community Climate Action Grant Program Performance Agreement Page 12 of 10 Rev.04/23 ATTACHMENT “A” Orange County Certifications – FY 2022-2023 Community Climate Action Grant Performance Agreement Chief Contact, Administrators, Chief Executive Officer and Chief Financial Officer I certify that I have provided a list of the chief contact, administrators, chief executive officer and chief financial officer for my agency with this Agreement and that I will keep it current to the County of Orange. The list should be in writing with the name, title, residential address; phone and email address and if possible, fax number. Officers and Board of Directors I certify that I have provided a current list of the Officers and Board of Directors with this Agreement and that we will continue to update the list as changes occur. The list should be in writing, with the name, physical address, mailing address and if possible, phone, fax and email address. Budget Submission I certify that I have provided a budget for the period to be covered by funding Orange County, and that any substantive changes made to this budget have been in advance authorized in writing by Orange County. Annual Financial Review I certify that I have provided a copy of the latest annual Financial Review for our agency and the budget adopted by the agency for the fiscal years encompassing this Agreement. If not, please explain on a separate sheet of paper. Alignment with Organization’s Mission I certify that the programs and services for which this funding is requested align with the mission of the organization. Intended Purpose I certify that the funds provided to the agency under the terms of this Agreement will be used for a public purpose and shall only be used for the purposes intended and any money not used for those purposes will be promptly returned to Orange County. Certified by: _______________________ Title: __________________________ Date: ___________ (Provider’s Signature) DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 5/8/2023Treasurer Community Climate Ac/on Grant Program Applica/on 2022-2023 SUBMISSION CHECKLIST Primary Applicant Organization: Eno River Farmer’s Market Project Name: Compost Monitors for the Eno River Farmers Market Community Compost Collection Section Subsection Cover Page Applicant and Collaborator/Partner Contact Information Funding Request Summary Signed Application Cover Page Disclosure Signed Disclosure of Conflicts of Interest and Clause Applicant Organization and Collaborator Information Applicant organization’s Date of Incorporation (if applicable) Applicant organization’s Purpose/Mission (if applicable) Living Wage Schedule of Positions (if applicable) Project Information Project Name Project Description and Climate Plan Alignment Collaborator Information (if applicable) Criteria-Specific Sections 1-7 Attachments (A descrip/on of these items is available on page 13: “Descrip/on of Required ARachments.” Please contact us if it will not be possible to provide any of these required attachments at the time of application: aeckberg@orangecountync.gov Applicant Organization’s Annual Budget and Proposed Project Budget (Use template provided) Applicable Financial Records to prove eligibility: IRS Federal Form 990 or Applicant Organization’s Tax Returns from 2021 Applicable Financial Records to prove eligibility of collaborator/partner (if they are receiving project funds): IRS Federal Form 990 or Tax Returns from 2021 List of members of organization’s Governing Board (if Board exists) Certificate of Insurance Page of 1 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 COVER PAGE Funding Request Summary Please list all Fiscal Year 22-23 Community Climate Action Grant funding requested for the project you are proposing and the proposed use of funds (please list project name only). Applicants will be asked to provide more details on their proposed project budget in the Budget Worksheets attachment. Briefly explain your proposed use of funds (2-4 sentences): To the best of my knowledge and belief all information and data in this application is true and current. Signature: Tracy Lafleur 07/27/2022 Applicant’s Authorized Signatory Date Applicant Organiza/on’s Contact Informa/on Organiza-on’s Legal Name:Eno River Farmers’ Market, Inc. Physical Address:144 E Margaret Lane, Hillsborough, NC 27278 Mailing Address:Post Office Box 487, Hillsborough, NC 27278-2686 Web Address:www.enoriverfarmersmarket.com Telephone Number:(952) 412-5940 E-Mail:enoriverfarmersmarket@gmail.com Tax ID Number:26-4302960 Project Equipment Opera/ons Personnel Total Paid Compost Monitors for the Eno River Farmers Market Community Compost Collec-on N/A $4500 $4500 Page of 2 22 We are reques-ng funds to pay for 2 compost monitors for the Eno River Farmers’ Market (ERFM) Community Compost Collec-on site. Monitors will work during market hours throughout the year to assure that only compostable items are collected and will provide educa-on to ERFM customers and vendors about compos-ng. They will also assist the ERFM Manager with community outreach in Northern Orange County to build awareness of the ERFM Community Compost Collec-on Site beyond the Market. Monitors are also responsible for record keeping and sebng up the compost collec-on table and bins and breaking it down at the end of the Market each Saturday. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST AND NON-DISCRIMINATION CLAUSE Are any of the Board Members or employees of the organization which will be carrying out this project or their named project collaborators/partners or members of their immediate families, or their business associates: YES NO NO a) Employees of or closely related to employees of Orange County? NO b) Members of or closely related to members of the governing bodies of Orange County? NO c) Current beneficiaries of the program for which funds are being requested? YES d) Paid providers of goods or services to the program or having other financial interest in the program? If you have answered YES to any question or know of any other potential conflict of interest regarding your application, please provide a full explanation here: Oliver Jones, a long- time volunteer for ERFM, and our market manager’s son was hired this past year as one of the paid compost monitors. NON-DISCRIMINATION Provider agrees as part of consideration of the granting of funds by funding agencies to the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, gender identity/expression, familial status or veterans status with reference to any activities carried out by the grantee, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange County Anti-discrimination Policy. This provision is enforced by action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the grantees, the successors and assigns of the parties hereto with reference to the above subject manner. To the best of my knowledge and belief all of the above information is true and current. I acknowledge and understand that the existence of a potential conflict of interest does not necessarily make the program ineligible for funding, but the existence of an undisclosed conflict may result in the termination of any grant awarded. Signature: Tracy Lafleur 07/27/2022 Applicant’s Authorized Signatory Date Page of 3 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Applicant Organization & Collaborator Information Please provide the following informa/on about the primary applicant organiza/on: Contact Informa/on for Primary Contact, Chief Execu/ve Officer / Execu/ve Director, and Chief Financial Officer Primary Contact Name Tracy Lafleur Title Eno River Farmer’s Market Board President Preferred phone number 919-245-7247 Email address sugarhillproduce@gmail.com Fax number (if applicable)N/A Chief Execu/ve Officer / Execu/ve Director Name Corly Jones Title Eno River Farmer’s Market Manager Preferred phone number (952) 412-5940 Email address enoriverfarmersmarket@gmail.com Fax number (if applicable)N/A Chief Financial Officer Name Bradley Dokter Title Eno River Farmer’s Market Board Treasurer Preferred phone number (313) 770-1137 Email address bddokter@gmail.com Fax number (if applicable)N/A Page of 4 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 1.Date of Incorpora-on (Month/ Year):January 14, 2009 2.Applicant organiza-on’s Purpose/Mission (2-4 sentences): Eno River Farmers’ Market (“ERFM”) is a not-for-profit membership organiza-on that operates in Orange County NC. ERFM provides local farmers and farm-related ar-sans and crahspeople the opportunity to sell goods and services directly to the ci-zens of Hillsborough and the greater Orange County area. The farmers, ar-sans and crahspeople seek to create a friendly, open market and an enjoyable des-na-on for the community to meet, to purchase farm and farm-related goods and services and to learn about farming, food and food produc-on. ERFM’s success will be apparent by its impact on the local agricultural economy, the wholesome fruits, vegetables and agricultural products available to the community, and the increased understanding of farming, healthy foods and local food produc-on and consump-on. 3.Please provide a brief descrip-on of your organiza-on’s past achievements in carrying out similar projects and evidence of successful record of mee-ng proposed budgets and -metables (2-4 sentences): The ERFM is in its fourteenth year of existence. We are in our third year of a Blue Cross funded, RAFI administered, grant program to assist people with food insecurity to obtain wholesome fresh food. We pay our taxes, comply with federal, state, county, and town (of Hillsborough) requirements and are a well-regarded part of the Hillsborough and Orange County community landscape. We have through the years conducted mul-ple fund- raising events that entailed borrowed equipment, facili-es rentals, significant set-up, tear-down, and clean-up requirements, and approval by local police, and the state alcohol licensing board, without significant issues with vendors, customers, or regulatory bodies. 4.Living Wage: Does this organiza-on pay permanent employees a minimum living wage? (Yes / No) Yes If yes, is this organiza-on an Orange County Living Wage Cer-fied Employer? (Yes / No) If no, please briefly explain. No, the ERFM has only 1099 workers who are exempt from the OC Living Wage Cer-fica-on criteria, but we are looking into the cer-fica-on and plan to obtain it in the future. 5.Schedule of Posi-ons: a.Number of Full-Time Paid Positons: N/A b.Number of Part-Time Paid Posi-ons: 3 Market staff and 3 compost monitors Page of 5 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Collaborators: Please provide the following informa-on about all significant collaborators and partners whether or not they will be receiving grant funding for this project. Feel free to copy and paste Ques-ons “a” through ”e” as needed if you have more than one significant collaborator/partner: c.Number of volunteers:N/A Average hours worked per volunteer per month N/A a.Date of Incorpora-on (Month/ Year):N/A b.Applicant organiza-on’s Purpose/ Mission (2-4 sentences):N/A c.Please provide a brief descrip-on of your organiza-on’s past achievements in carrying out similar projects and evidence of successful record of mee-ng proposed budgets and -metables (2-4 sentences): N/A d.Living Wage: Does this organiza-on pay permanent employees a minimum living wage? (Yes / No) N/A If yes, is this organiza-on an Orange County Living Wage Cer-fied Employer? (Yes / No) If no, please briefly explain. N/A e.Schedule of Posi-ons: a.Number of Full-Time Paid Positons: N/A b.Number of Part-Time Paid Posi-ons: N/A c.Number of volunteers:N/A Average hours worked per volunteer per month N/A Page of 6 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Project Information *Please submit for each project if applying for funding for more than one project. 6.Project Name:Paid Compost Monitors for the Eno River Farmers’ Market Community Compost Collec-on 7.Please briefly describe the proposed project and the target popula-on to benefit from the program. How many people will benefit? (100-300 words) This project will provide con-nued funding for compost monitors at the ERFM Community Compost Collec-on site. Compost monitors provide the needed oversight to ensure that only compostable items are collected. The monitors also provide educa-on to community members about compos-ng and encourage household compost collec-on. This helps Orange County to decrease the amount of waste going to landfills, reduce methane emissions at the landfill, reduce transporta-on to a Waste and Recycling Center to drop off food waste, and will lead to the crea-on of rich compost that will increase the carbon capture of the soil in Orange County and the surrounding area. This past year. Based on current program data and average Hillsborough household size of 2.23, we es-mate that an average of 378 local residents per month u-lize this collec-on site. Many community members have expressed apprecia-on for the Compost Collec-on at the Farmers’ Market: they are no longer having to make the longer car trip to the Walnut Grove Waste and Recycling Center; others who never composted before are star-ng to do so; others who were already compos-ng at home are apprecia-ve of the fact that they can bring items to the ERFM Community Compost Collec-on site that they cannot compost in their back yard, since the compostables are processed by Brooks Contractors, who u-lize a broader range of compostables. ERFM draws primarily from northern Orange County, which is an area that is ohen leh out of climate ini-a-ves. In addi-on, most of Orange County waste is sent to a landfill in Sampson County, where a poor minority community has had to deal with the smell and pollu-on of the mega landfill in their backyard. Reducing the waste in Orange County that ends up in the landfill will have a posi-ve impact on residents in Sampson County as well. Page of 7 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 8.Please choose the best descrip-on for the type of project: ☐ Infrastructure/Clean Tech: New ☐ Infrastructure/Clean Tech: Repair ☐ Infrastructure/Clean Tech: Replacement ☐ Communica-on/Educa-on ☐ Natural Systems Management/Restora-on ☐ Circular Economy/Waste reduc/on ☐ Analysis/Plan ☐ Other (Please describe): The end product of this project— rich compost—will increase carbon sequestra-on in our soil. Having a Compost Collec-on site conveniently located at the market where many gather each week reduces carbon emission by cars that would otherwise be traveling to a more distant collec-on site and the compost that results will mean that fewer fer -lizers will have to be used, further reducing CO2. 9.Please choose the primary climate change mi-ga-on focus for this project (select all that apply): ☐ Energy Efficiency ☐ Renewable Energy ☐ Beneficial Electrifica-on ☐ Carbon Sequestra/on ☐ Other (Please describe): Reduc-on in methane gas emissions as a result of diver-ng food waste and other compostables from the landfill and reduc-on in driving 10.Has your organiza-on or have your collaborators/partners completed projects of this type in the past? If so, what funds were used? ☐ Yes Funding used (Please describe): Orange County Solid Waste provided funding for the collection and composting of waste collected at the Eno River Farmers’ Market. ☐ No 11.If this project is not selected for funding in this round, what other funding might be used to support it within the next 5 years? ☐ Other capital or opera-onal funds ☐ None. This is a unique opportunity. ☐ Unknown (please describe): Page of 8 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 12.Please select the jurisdic-on(s) where your project is focused and briefly state how your project aligns with the relevant Climate Ac-on Plans (2-4 sentences). Please name the ac-on items from each relevant plan that best align with your proposed project: ☐ Carrboro: hsps://townofcarrboro.org/928/Community- Climate-Ac-on-Plan ☐ Chapel Hill: hsps://www.sustainchapelhill.org/featured/ 2020/2/18/climate-ac-on-and-response-plan ☐ Orange County: In progress, please instead show alignment with the Orange County BOCC Goals and Priori/es. This proposed project aligns with the above plan(s) in the following ways: This project aligns with the Orange County BOCC Goal and priority to preserve and protect natural environments that include clean air, wildlife and sustainable energy, by reducing waste in the landfill, crea-ng rich compost that will increase soil health and produc-vity and capture more carbon, reducing driving to farther waste collec-on sites, and reducing methane emissions at the landfill. Page of 9 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Collaborators and Partners In some projects, collaborators and partners provide essen-al capacity and connec-ons. If collaborators or partners are an essen-al part of your project whether or not they are receiving grant funds, please use this sec-on to provide more details. If you are not working with collaborators or partners, please feel free to write N/A in this sec-on and move to the Social Jus-ce and Racial Equity sec-on. 13.Please describe one to three key partnerships/collabora-ons that add the most value to the success of the proposed project: We don’t have any formal collaborators on the project, but the following three organiza-ons have contributed to the start of our Community Compost Collec-on site at the ERFM and con-nue to play an important role, though they will not be involved in the hiring, training or supervising of the paid compost monitors. We could not have started the Community Compost Collec-on site at the ERFM without the help of Orange County Solid Waste Management. They are paying for the collec-on, pick up and compos-ng of our collec-on as part of their 21-year effort to reduce the amount of waste going to landfills. Orange County Waste Management contracts with Brooks Contractors. Brooks picks up and composts what is collected at the market. They consider themselves bridge connectors for the community, in gebng organic wastes from plate back to the farm to do the whole cycle over again. They view their business role as true community collaborators for compos-ng—a process that leads to fresh, healthy food, reduced greenhouse gas emissions and richer soil for our farmers and home gardeners. Climate Reality Orange County ini-ated and coordinated the Community Compost Collec-on site at the Eno River Farmers’ Market and has been serving as volunteer coordinator for the site. Note: The Eno River Farmers’ Market will be administering the grant by themselves and carrying out all the tasks of recruitment, organizing, advising, training and supervising the compost monitors. Page of 10 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 1 - Social Jus/ce and Racial Equity 14.Who will directly or indirectly benefit from your project? Please be as specific as possible on the characteris-cs of those who will benefit including, gender, race, age, income level and geographic loca-on. Also, what are the demographics of the area where your project takes place? Does your project help to address any racial dispari-es in the loca-on it is proposed for? Please list any data sources used and show the steps of any calcula-ons: With the addi-on of the Community Compost Collec-on site, Northern Orange County residents now have somewhere closer to home to bring compostables. Hillsborough has higher concentra-ons of residents that iden-fy as minori-es, so the ERFM draws from a more racially diverse popula-on than other parts of Orange County. The ERFM Community Compost Collec-on site provides a way for community members of every demographic to learn about compos-ng and reduce waste. Compost monitors will educate ERFM customers/visitors about the posi-ve environmental impact of compos-ng and assist those who need help gebng started with compos-ng by providing informa-on about how to get started with home collec-on of compostables, including what can be composted and the environmental impact of diver-ng food waste from the landfill and crea-ng compost. In addi-on, northern Orange County has a higher percentage of low- income residents than the rest of Orange County. Those who have limited -me and resources to travel to a waste and recycling center are able to u-lize our program while at the Market, saving gas and -me. Hillsborough Demographics (where the decrease in car emissions will occur). (census.gov 2020) Racial composi/on: White: 66.68% , Black or African American: 15.15% , Other race: 7.66% , Asian: 3.57% , Na-ve American: 0.68% , Two or more races: 7.83 % Median Income: $70,620 Poverty Rate: 9.2% Snow Hill Demographics, (home of the mega-landfill in Sampson County where the decreased waste disposal will occur). (census.gov 2020) Racial composi/on: White: 40.51% , Black or African American: 46.59%, Two or more races: 5.06% , Other race: 7.83% Median Income: $34,170 Poverty Rate: 25.7% Page of 11 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 The following ar;cle appeared in the Faye@eville Observer in April of 2021 and highlights the racial inequity of waste disposal Landfill toxic to Sampson County Residents By Danielle Koonce Danielle Koonce, a na;ve of neighboring Roseboro pursuing a doctorate in sociology at the University of Maryland, is researching how the landfill in Snow Hill has frayed the social networks of a once vibrant center of rural Black life and con;nues to reach its “tentacles” into other areas of the county. “Over a month ago, I had the opportunity to help collect water samples throughout Sampson County through a project coordinated by the Environmental Jus;ce Community Ac;on Network and researchers from Appalachian State. We visited 61 homes throughout Sampson County, so I had the opportunity to hear from a variety of people about life in their neck of the woods. One issue reverberated throughout these predominantly Black communi;es: the damage and loss of quality life that has been caused by the Sampson County Landfill. The Sampson County landfill has been toxic to the communi;es that reside near it. We heard story a‘er story of the terrible gaseous smell that emanates from the landfill and seeps into the homes of the residents that live nearby — and even several miles away. We learned that the landfill receives trash from around the state, from as far away as New York City, and even trash that comes in on ship- barges through Wilmington. The residents we talked to were worried. Although many of the residents that live near the landfill are on county water, some are not — which means their wells could be exposed to toxins leaching from the landfill. “Today, the landfill con;nues to expand and grow, and with it grow the impacts to a growing number of surrounding communi;es. Adding to it are industrial hog and poultry opera;ons and other sources of pollu;on that cumula;vely cause great harm to public health and dispropor;onately harm low income communi;es and Black and Indigenous communi;es.” 15.Please describe any ways in which low-income or marginalized communi-es/ households were engaged in the crea-on of this project proposal: Research was done to determine the effect of the landfill on the low-income, dispropor-onately minority and marginalized communi-es that are located near the Sampson County landfill (see ar-cle above by local researcher Danielle Koonce who worked with researchers form the Environmental Jus-ce Community Ac-on Network and Appalachian State University). Page of 12 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 16.Please describe any poten-al nega-ve side effects of the project and describe the steps you are taking/will take to eliminate or minimize these impacts to any low-income or marginalized communi-es/ households: None 17.Are the impacted residents already aware of the poten-al posi-ve and nega-ve impacts of your project and the steps you are taking? If not, please describe your plan to engage with them and how you will act based on their input: Many of the impacted residents in Orange County are aware of our Community Compost Collec-on site. The ERFM con-nues to adver-se the collec-on on social media and in the ERFM weekly newsleser, and it was discussed on Hillsborough’s local radio sta-on. We have received a great deal of posi-ve feedback from local community members, who have expressed apprecia-on that there is now a place to bring compostables that is convenient and supports their efforts to reduce waste and benefit the environment. 18.During and aher the project, what will your con-nued engagement with the community be? We will con-nue to engage with the community at the ERFM every Saturday throughout the year. The market is asended by an average of 1,000 customers per week during the summer months (fewer during the cold winter months), so we have ample opportunity to engage with the community during market hours. We will also con-nue to adver-se to the community at large through newspaper ar-cles, social media and our local radio sta-on. 19.Please describe any other aspect of your project that is relevant to Social Jus-ce and Racial Equity: Our compos-ng project reduces the amount of waste going to the mega-landfill in Sampson County. The landfill is located in a poor, predominantly minority community where it contributes to air and water pollu-on and nega-vely impacts the quality of life for local residents (see ar-cle in sec-on 14). Our paid compost monitors will educate par-cipants about the racial equity issues inherent to our current waste disposal prac-ces. Current Orange County waste is channeled to the Sampson County landfill, thus dispropor-onately affec-ng the predominately Black and low- income residents who live in the surrounding community. We will develop informa-onal materials and handouts addressing the dispropor-onate impact of the environmental harms of waste disposal on poor communi-es of color. The object of these materials will be to emphasize how, through regular compos-ng, which diverts waste from the Sampson County landfill, people can help ameliorate these harms. This framing will help educate people about the nexus between environmental and racial jus-ce. In hiring for the proposed posi-on, we will give priority to candidates who are from a marginalized/ racial minority background and those who have lived experience of or familiarity with environmental racism. Page of 13 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 2 - Emissions Reduced 20.How many tons of greenhouse gas emissions will your project reduce/ avoid each year? Please list any data sources used and show the steps of any calcula-ons. Feel free to submit in a separate document if clearly labelled: Since August of 2021, this project has already diverted 1612 pounds of waste from the landfill, and created 1661 pounds of compost. (See asached Brooks Contractors Impact report). We es-mate that our project reduces greenhouse gas emissions by 37.64 metric tons: •Diver-ng food waste from the landfill to compost: 14.35 metric tons of CO2 •Reduc-on in driving that will occur due to having a closer drop-off for food waste for Hillsborough residents: 18.51 metric tons of CO2 •Increased carbon sequestra-on of compost (the finished product of our project) addi-ons to soil: 3.98 metric tons of CO2 •Reduc-on of carbon due to using less fer-lizer: 0.8 metric tons of CO2 Diver/ng food waste from the landfill to compost will reduce GHG emissions by an es-mated 14.35 metric tons of CO2 next year, and that number is likely to increase each year that the project is in existence based on the increase at other similar sites with compost collec-on (i.e. The Carrboro Farmers’ Market). The EPA WARM Model was used to calculate this reduc-on: 990 pounds/week of food waste collected = 46,800 pounds annually = 23.4 tons. Plugging this amount into the WARM Model results in a reduc-on of 14.35 metric tons of CO2 as a result of compos-ng vs. sending this waste to a landfill. Reduc/on in driving as a result of our project: By providing a closer compost collec-on site for Northern Orange County, we will save an es-mated 52,000 miles of driving in the project budget year: 100 par-cipants avoiding the 10-mile round trip to the Walnut Grove Waste and Recycling Center each week = 1,000 miles saved/week. Dividing this by average miles per gallon (25) = 2,080 gallons of gas saved. Using the EPA’s 2020 Emissions Factors for Greenhouse Gas Inventories, 1 gallon of gas = 19.58 pounds of CO2. 2,080 gallons x 19.58 = 40,726.4 lbs. of CO2 or 18.51 metric tons of CO2 Page of 14 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Compost that is created by the collec/on will sequester more carbon in Orange County and the surrounding area when added to soil. In terms of adding soil organic maser, different papers have found that each ton of compost added to the soil sequesters between 0.1 and 1 ton of CO2 in the soil. We have employed an average of .5 for our calcula-on: One ton of food waste results in approximately 680 Pounds of compost (this figure was obtained from Amy Fulford, soil expert at Brooks Contractors), so our es-mated total of food waste collected next year = 23.4 tons x 680 = 15,912 pounds or 7.96 tons. If 1 ton of compost increases carbon sequestra-on by .5, then the total addi-onal carbon sequestered is 3.98 MTCO2 (7.96 x .5 = 3.98). Using compost also means you don’t need to use fer/lizer: .80 MTCO2 reduced.Compost typically contains about 1 to 2 percent nitrogen and 1 percent phosphorus. These fer-lizers require fossil fuel to produce. In CO2 terms, that is 4 kg CO2 for each kg N and 2 kg CO2 for each kg P. If 1 ton of compost contains 2% N and 1% P, how much CO2 is saved by using that instead of fer-lizer? Here’s the math: 1 ton of compost * 1,000 kg/ton * 0.02% N = 20 kg N 1 ton of compost * 1,000 kg/ton * 0.01% P = 10 kg P 20 kg N * 4 kg CO2 /kg N = 80 kg CO2/kg N 10 kg N * 2 kg CO2 /kg P = 20 kg CO2 /kg P 80 kg CO2 + 20 kg CO2 = 100 kg CO2 or 0.1 tons CO2 Per ton of compost From BioCycle, The Organics Recycling Authority Dr. Sally Brown, Research Associate Professor, University of Washington 7.96 (es-mated amount of compost created) x .1 = 0.80 MT CO2 21.For how many years will this emissions reduc-on take place as a result of your project? Please consider the expected life-me of the technology/program/ impact etc. Based on comparisons with other compost collec-on sites, such as the site at the Carrboro Farmers’ Market, we es-mate that the tonnage of compostables collected will con-nue to increase over -me, so that the carbon reduc-on will con-nue to increase well into the future. The emissions reduc-on will increase as more community members u-lize the ERFM Compost Collec-on Site. The pasern of increased u-liza-on over -me is strongly supported by the trend already observed since the start of the project. The numbers of waste drop-offs have risen drama-cally since the start of collec-on (400% in 3 months). This site will con-nue well into the future unless funding is no longer available for the pick-up and compos-ng of food waste that is collected. Page of 15 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 3 - Efficient use of Funds 1.Please es-mate the impact of your project per grant dollar requested. This cost per unit of impact must reflect the total program budget divided by the total impact of the project described in this applica-on. If the proposed project is new, please write N/A in the first column of the table below, and just fill out the second column. (Please feel free to add rows if necessary to show any additional units of impact.) 22.Please describe the loca-on of the emissions reduc-on. Where would fossil fuels have been burned if not for your project? For projects crea-ng electricity usage reduc-ons, it can be difficult to determine the loca-on of the power produced. Please feel free to state “Grid--ed electricity reduc-on” Emissions will be reduced in Orange County and in surrounding coun-es that u-lize the finished product —rich, carbon- sequestering compost. Methane emissions will be reduced in the mega-landfill in Sampson County where Orange County waste is taken. Residents in Hillsborough and the surrounding area will reduce carbon emissions in Orange County as a result of not having to drive to a more distant site to drop off compostables. 23.Please describe any other aspect of your project that is relevant to the amount of emissions that it will reduce or avoid. There will be less food waste being transported to the distant landfill in Sampson County, further reducing GHG emissions. Actual Annual Project Costs (If your proposed project expands or accelerates an ongoing effort) Projected Project Costs Total Cost of Project $4500 Unit of Impact: Total # of tons of greenhouse gases reduced 37.64 metric tons CO2 Cost Per Ton of GHG’s Reduced $106.27 Unit of Impact: Total # of individuals served/benefised 5,200 Cost Per Individual Served/BenefiRed $1.16 Other Unit of Impact: Please describe here Cost Per Unit of Impact Other Unit of Impact: Please describe here Cost Per Unit of Impact Page of 16 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 4 - Capacity of Applicant 24.Please describe any avoided financial costs or savings related to the project and over what period of -me those costs will be avoided/reduced: Having paid compost monitors will guarantee that there will not be contaminants in the bins. Contaminants create waste and add cost: items have to be thrown out and sent to the landfill, some-mes causing an en-re bin to be rejected. 25.Does your project accelerate or expand on exis-ng programs that already show posi-ve impact? Yes, this will be the project’s second year in opera-on. The project will con-nue to enable the community compos-ng collec-on site at the Eno River Farmer’s Market. Having paid compost monitors will assure that only items that are appropriate for industrial compos-ng are collected. If the collec-on is not carefully monitored, much of the effort of the collec-on will be undermined as bins with inappropriate (non- compostable “contaminants”) items will be discarded and sent to the landfill. 26.Does your project also take advantage of other funding sources? The collec-on and compos-ng is paid for by Orange County Solid Waste. 27.Would your proposed project help you to take advantage of funding from other sources besides this grant in the future? Our chances of gebng funding from other sources for paid compost monitors may improve as the project proves successful and enduring. We will con-nue to research long-term funding opportuni-es. In addi-on, we may be able to operate with less oversight as the users become more familiar with what we are able to compost and what cons-tutes a “contaminant.” 28.Please describe any other aspect of your project that is relevant to the efficient use of grant funds: We will con-nue to u-lize 2-4 volunteers each market in addi-on to paid compost monitors in order to support and enhance our compos-ng project. 29.Please describe any projects that you have completed successfully in the past which are similar to the project you are proposing: We started our Compost Collec-on at the Eno River Farmers’ Market in May 2021, and it has proven highly successful and popular with our ERFM customers and community members. The ERFM has a history of serving low-income and minority communi-es through its policy of doubling SNAP payments and its Farmer Food Share Program. The ERFM has par-cipated in the Farmer Food Share Program Since 2012, connec-ng local families in food crisis with local farmers. We are partnered with Orange County Schools in Hillsborough, providing local families with fresh food and food educa-on from Eno River vendors on a weekly basis. Page of 17 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 5 - Local Economic Development Criterion 6 - Amount and Dura/on of Engagement 30.If you are proposing to collaborate with other organiza-ons on this project, please briefly describe their relevant experience to the project and/or the target popula-on: Orange County Solid Waste will con-nue to pay for the collec-on and compos-ng of food waste. They have promoted and supported the diversion of food waste from landfills for 21 years. In addi-on to their financial support, they will con-nue to provide technical assistance as needed. Orange County Solid Waste contracts with Brooks Contractors’ Food Waste Program. They have been helping to divert food waste from the landfill since 1999. They provide bins, pick up the collected food waste and turn it into rich compost at their industrial compos-ng site in Goldston, NC. They provide the community a sustainable place to divert their food/organic waste and create a finished product (compost) that brings resilience to the soil and allows it to capture and store more carbon. 31.Please describe any other relevant exper-se or capacity to carry out the project in your applica-on: The management staff at the ERFM runs a highly successful Farmers’ Market and is much respected and appreciated by the Market customers for their organiza-onal skills, interpersonal skills, community outreach and knowledge and promo-on of local sustainable agriculture and other sustainability prac-ces (i.e. compos-ng, regenera-ve farming). 32.How many Orange County residents are employed by your organiza-on? 6 (3 of which are through previous year’s grant funding) 33.What percent of project materials will be purchased from sources within Orange County or North Carolina? N/A 34.Please describe any other aspect of your project that is relevant to local economic development. The presence of the Community Collec-on Site brings more customers to the ERFM, which in turn increases sales for local farmers and other local vendors. As more people learn about the collec-on site this number will increase. Page of 18 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Criterion 7 - Time to Complete Submission Guidance Applica-ons are to be submised as email asachments to Orange County Sustainability Programs Manager, Amy Eckberg at aeckberg@orangecountync.gov. Please also CC the lead staff member suppor-ng the Commission of the Environment, Wesley Poole at wpoole@orangecountync.gov. 35.Please describe how you will engage with and/or educate project par-cipants. We will con-nue to u-lize the ERFM newsleser, social media, local papers, and the local radio sta-on to engage with the community, encourage compos-ng and provide educa-on about compos-ng. In addi-on, we will con-nue to engage and educate ERFM asendees during market hours. This has proven to be an effec-ve way of gebng market customers interested in compos-ng and star-ng to use our Compost Collec-on Site. Since star-ng with the paid compost monitors, our community par-cipa-on level has doubled. 36.How will you measure the success of that engagement or educa-onal effort? We will con-nue to track the number of par-cipants each week and will receive monthly reports from Brooks Contractors with the total tonnage collected each month. 37.Please describe any other aspect of your project that is relevant to the amount, or quality, or length of engagement and/or educa-on that your project will produce. We have already increased awareness of compos-ng in the community and the ways in which households can start or increase their compos-ng efforts. Since the Community Compost Collec-on site is located at the ERFM, many of the customers to the market (1,000/week during the summer months), walk by our site, ask ques-ons and give us the opportunity to educate them about compos-ng. Many children have expressed interest and encouraged their parents to par-cipate. It’s hard to say no to a child who is interested in doing something posi-ve for the environment! 38.How much -me will your project require to demonstrate the posi-ve impacts you describe? The con-nued funding for paid monitors ensure the future of and enhance an already successful project by providing consistent monitoring and oversight so that the efficiency of the project and the environmental impact can be maximized. In addi-on, paid monitors, working with The ERFM Manager, will develop a marke-ng strategy to further raise awareness of the Community Compost Collec-on Site. Page of 19 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 The Applica-on Submisal Deadline for the Fiscal Year 22-23 round of the Community Climate Ac-on Grant is Friday, August 19, 2022 at 5pm. Please note that late, handwriRen, or incomplete applica/ons will not be accepted. Submit all documents including aRachments in PDF format. This will ensure the original content and formabng is preserved. Digital signatures on applica-ons are accepted. Accommoda-ons for applicants with disabili-es or those in need of technical assistance are available upon request. Please contact the Orange County Sustainability Programs Manager, Amy Eckberg (919-245-2626, aeckberg@orangecountync.gov) to discuss what is needed. ATTACHMENTS Description of Required Attachments a)Applicant Organization’s Budget and Project Budget Please complete the provided budget worksheets for your organization and your proposed project or submit your own budget file (as long as it contains the same information, and in a similar format, as requested in the provided worksheets. Please explain other in your budget). The Budget Worksheets file is available for download from the County website here. Please submit the budget in PDF form as well as in the original editable Excel format. b)IRS Federal Form 990 or 2020 Tax Returns A copy of the applicant organization’s most recent Form 990 or IRS Tax Returns is required to determine eligibility. The specific form depends upon the applicant organization’s financial activity. Review the IRS’ guide, for more details. For Form 990-N (e-postcard) filers, include a copy of the postcard, with the organization’s application materials. c)List of Board of Directors (if applicable) Provide the following information about each board of director’s member: name, telephone number, and address, of each member and the list must identify the principal officers of the governing body, and length of term. Please feel free to use the template provided in Table 2 of the appendix or your own format. d)Certificate of Liability Insurance A copy of the applicant organization’s current certificate, from the organization’s insurance carrier. Table 1 below outlines insurance types and minimums required, for each jurisdiction. If exempt from Worker’s Compensation compliance, include a statement explaining why, with the applicant organization’s application materials. NOTE: Proof of insurance is not required at the time of application submission. If your agency is approved for funding, documentation of insurance must be provided to the jurisdiction awarding the funding when the contract is awarded. The insurance certificate should reflect the funding jurisdiction as an additional insured party and certificate holder and provide coverage for the duration of the funding period (two years, beginning as early as October 1, 2022). If proof of insurance can only be written for one year, an update will be required for all ongoing projects. Renewal certificates must be sent to the jurisdiction 30 days prior to any expiration date, cancellation or modification of any stipulated insurance coverage. NOTE: Upon request, insurance requirements may be reviewed on a case by case basis by the County. Please contact the staff identified on the Submission Requirements on Page 15 if you have questions or would like to request a review of your insurance requirements. APPENDIX Table 1. Forms of Liability Insurance and Minimum Policy Amounts Required INSURANCE ORANGE COUNTY3 Page of 20 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 ▪Visit the NC Industrial Commission’s website for more informa-on regarding Coverage A. Also, note that if an agency uses subcontractors, it must require subcontractors to have workmen’s compensa-on insurance. ▪Please visit Orange County’s Risk Management page for more informa-on about the County’s Minimum Insurance Requirements. Worker's Compensation1 Limits for Coverage A - Statutory State NC, for each employee Limits for Coverage B - Employers Liability of: $500,000 each accident, $500,000 Bodily Injury by Disease (BID).for each employee $500,000 for BID limit Commercial General Liability $1 million Each Occurrence $2 million Aggregate Automobile Liability $1 million Each Occurrence Professional Liability $1 million Each Occurrence $2 million Aggregate Sexual Abuse & Molestation $1 million Each Occurrence $2 million Aggregate Cyber Liability $1 million Each Occurrence $2 million Aggregate Environmental/Pollution Liability (Required if demolition, use of hazardous material or environmentally sensitive) $1 million Each Occurrence Page of 21 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Table 2 - Contact Information for Board of Directors and Officers of the Board Name (also -tle and term length if Officer) Physical Address Mailing Address Phone number Email address Fax number (if applicable) Tracy La fleur President Board membership expires March 2023 1610 McDade Store Rd Cedar Grove NC 27231 Same 919-245-7247 sugarhillproduc e@gmail.com N/A Bradley D. Dokter Treasurer Board membership expires March 2025 6803 Compton Road, Cedar Grove NC 27231 Same (313) 770- 1137 bddokter@gm ail.com N/A Flo Hawley Vice President Board membership expires March 2024 615 Chapel Hill Creamery Rd, Chapel Hill, NC 27516 Same (919) 967-3757 flo@chapelhillc reamery.com N/A Emily Buehler Secretary Board membership expires March 2025 657 McAdams Road, Hillsborough, NC 27278 Same (919) 475- 5756 twobluestarz@ yahoo.com N/A Rich Mason 531 Henry Warren Road, Prospect Hill NC 27314 Same (919) 907- 8030 farmers@hone ybeehillsfarm.c om N/A Marcey Clark 509 Devine Way, Siler City, NC 27344 Same (919) 930- 4891 marceyclark@g mail.com N/A Mashew Lowe 312 Woodlawn Dr, Mebane, NC 27302 Same 252-489-0603 woodlawnroots @gmail.com N/A Page of 22 22 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Applicant Organization's Budget (Most recent complete calendar year or fiscal year) Starting date: Jan 1 2021 Ending Date: Jan 1 2022 ORGANIZATION NAME:Eno River Farmers’ Market ORGANIZATION REVENUE Actual Total for 2021 Estimated Total for Current Year Projected Total for Next Year Percent Change Private Donations (fundraising) $ 6,830 $ 7,800 $ 7,800 0% Generated Revenue (fees, sales, etc) $ 24,630 $ 30,885 $ 30,885 0% Local Government Grants (Please list separately): Orange County Community Climate Action Grant $ - $ 4,000 $ 4,400 10% $ - $ - $ - 0 $ - $ - $ - 0 Other Government Grants Triangle United Way $ - $ - $ - 0 State Government $ - $ - $ - 0 Federal Government (CDBG/HOME/etc.) $ - $ - $ - 0 Private Foundation Grants $ - $ - $ - 0 Other Revenue: please briefly explain here $ - $ - $ - 0 Total Organization Revenue $ 31,460 $ 42,685 $ 43,085 1% AGENCY EXPENSES Compensation $ 25,950 $ 29,600 $ 29,600 0% Rent & Utilities $ 488 $ 500 500 0% Supplies & Equipment $ 317 $ 900 $ 600 -33% Travel & Training $ - $ - $ - 0 Other Expenses: accounting, insurance, advertising $ 2,732 $ 8,632 $ 9,000 4% Total Agency Expenses $ 29,487 $ 39,632 $ 39,700 0% SURPLUS/(DEFICIT) FOR PERIOD: $ 1,973 $ 3,053 $ 3,385 11% DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Proposed Project Budget PROJECT NAME:Paid Compost Monitors for the Eno River Farmers’ Market Community Compost Collec<on Use only if project is ongoing Use for all projects PROJECT REVENUE Actual Total for 2021 Estimated Total for Current Year Projected Total for Next Year Percent Change Private Donations $ - $ - $ - 0 Project Generated Revenue: $ - $ - $ - 0 Local Government Grants (Please list separately): Orange County Community Climate Action Grant $ - $ 2,180 $ 4,500 106% $ - $ - $ - 0 $ - $ - $ - 0 $ - $ - $ - 0 Other Government Grants Triangle United Way $ - $ - $ - 0 State Government $ - $ - $ - 0 Federal Government (CDBG/HOME/etc.) $ - $ - $ - 0 Private Foundation Grants $ - $ - $ - 0 Other Revenue: please briefly explain here $ - $ - $ - 0 Total Project Revenue $ - $ 2,180 $ 4,500 106% PROJECT EXPENSES Compensation $ - $ 2,180 $ 4,500 106% Rent & Utilities $ - 0 Supplies & Equipment $ - $ - $ - 0 Travel & Training $ - $ - $ - 0 Other Expenses: please briefly explain here $ - $ - $ - 0 Total Project Expenses $ - $ 2,180 $ 4,500 106% SURPLUS/(DEFICIT) FOR PERIOD: $ - $ - $ - 0 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 17, 2023 Action Agenda Item No. 6-b SUBJECT: Community Climate Action Grant (CCAG) – FY 2022-23 Project Selection for General Applicants and Schools DEPARTMENT: Asset Management Services ATTACHMENT(S): 1) CCAG 2022-23 Project Descriptions, Scoring, and Comments for General Applicants and Schools INFORMATION CONTACT: Amy Eckberg, (919) 245-2626 Steven Arndt, (919) 245-2658 PURPOSE: To: 1) Receive the grant project funding recommendations from the Commission for the Environment (CFE) and the Human Relations Commission (HRC) for the FY 2022 -23 Orange County Community Climate Action Grant Program; and 2) Approve funding for the recommended Community Climate Action Grant projects for FY 2022-23 as outlined in the attached report. BACKGROUND: As part of the FY 2019-20 budget, the Board of Orange County Commissioners (BOCC) created the Orange County Climate Action Fund dedicated to accelerating climate change mitigation actions in Orange County. This decision was motivated in part to hel p the County meet the climate change mitigation goals set by the Board in recent years: • Reduce greenhouse gas emissions community -wide by 26 percent by 2025 (from 2005 levels). • Transition to a 100% renewable energy based economy by 2050. For the 2022-23 funding cycle, $550,150 in funding was budgeted to support climate action projects that will benefit Orange County residents both socially and financially. Following the direction of the Board of Orange County Commissioners (BOCC), the process for solicitin g and selecting projects to receive funding was conducted through a formal Community Climate Action Grant (CCAG) program. For this grant cycle, the BOCC reserved half of the total funding for this grant program ($275,075) to be awarded to projects submitt ed by either of Orange County's two public school districts. The remaining half ($275,075) was to be made available to all other eligible general applicants in this round. The Community Climate Action grant program received seven (7) applications in this round from a variety of general applicants representing non -profit and public organizations whose total requests add up to $585,873. No private sector applications were received. One (1) project, totaling $368,000 was submitted from the Chapel Hill Carrboro City School district. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Grant applications were completed over the summer and reviewed and scored by the Commission for the Environment (CFE) and the Human Relations Commission (HRC). In fall 2022, each of these Commissions voted to forward their final s coring and comments to the BOCC. The following is a rank-order summary table of the combined project scoring and recommendations. More details on each project are available in Attachment 1: Project Applicant Funding Requested Recommended Funding Level Running total Total Score (Out of 26 pts) Rank* (Out of 7 applica- tions) General Applicants: Habitat Rooftop Solar Habitat for Humanity $112,000 $100,000 $100,000 24.2 1 Weatherization Rebuilding Together of the Triangle $150,000 $25,000 $125,000 23 2 Food Waste Monitors Eno River Farmers Market $4,500 $4,500 $129,500 21.8 3 203 Solar Project Town of Carrboro $89,243 $40,575 $170,075 17.1 4 Fleet Electrification Pilot Town of Chapel Hill $74,600 $50,000 $220,075 17 5 Solar Roof The ArtsCenter $134,664 $55,000 $275,075 15.8 6 Refillable Water Bottle Station The ArtsCenter $20,866 $0 $275,075 10.9 7 Total Requested by General Applicants: (Funds available: ($275,075) $585,873 $275,075 $275,075 School Applicants: Emission Reductions Through HVAC Replacements Chapel Hill Carrboro City Schools $368,000 $275,075 $275,075 19 1 Total Requested by Schools (Funds available: $275,075) $368,000 * All projects were placed in rank order by CFE and HRC voting. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 FINANCIAL IMPACT: The Community Climate Action Grant Tax funding of $550,150 in FY 2022-23 intends to identify impactful projects and distribute these funds promptly to accelerate action on the urgent issue of climate change and to help further stimulate t he local economy. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. Social Justice and Racial Equity is the most heavily-weighted factor in scoring projects proposed through this grant program, ensuring that the equitable distr ibution of funds and the repair of environmental inequities are a central element of each funded project. Local investments in energy efficiency and renewable energy in Orange County provides direct reduction of monthly energy bills and supports jobs and investments in clean energy technologies. GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental an d commercial operations or policies. Reducing energy usage from the electric grid improves air quality impacts. Improving local air quality helps to protect the health of vulnerable populations in Orange County whose health is disproportionately affected by ground-level ozone and other emissions. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impacts are applicable to this item: ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve ener gy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. Investing in local climate change mitigation actions will conserve energy, reduce resource consumption, and increase the use of renewable resources. RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. The Climate Action Fund will continue to support high -impact projects which will improve local air quality and minimize the local production of greenhouse gases, reducing Orange County's contribution to the adverse impacts of climate change on human and n atural resources both inside and outside of the County. RECOMMENDATION(S): The Manager recommends that the Board DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 1) Receive the grant project funding recommendations from the Human Relations Commission and the Commission for the Environment for the FY 2022 -23 Orange County Community Climate Action Grant Program; and 2) Approve funding for the recommended Community Climate Action Grant projects for FY 2022-23. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Applicant Organization's Budget (Most recent complete calendar year or fiscal year) Starting date: Jan 1 2021 Ending Date: Jan 1 2022 ORGANIZATION NAME:Eno River Farmers’ Market ORGANIZATION REVENUE Actual Total for 2021 Estimated Total for Current Year Projected Total for Next Year Percent Change Private Donations (fundraising) $ 6,830 $ 7,800 $ 7,800 0% Generated Revenue (fees, sales, etc) $ 24,630 $ 30,885 $ 30,885 0% Local Government Grants (Please list separately): Orange County Community Climate Action Grant $ - $ 4,000 $ 4,400 10% $ - $ - $ - 0 $ - $ - $ - 0 Other Government Grants Triangle United Way $ - $ - $ - 0 State Government $ - $ - $ - 0 Federal Government (CDBG/HOME/etc.) $ - $ - $ - 0 Private Foundation Grants $ - $ - $ - 0 Other Revenue: please briefly explain here $ - $ - $ - 0 Total Organization Revenue $ 31,460 $ 42,685 $ 43,085 1% AGENCY EXPENSES Compensation $ 25,950 $ 29,600 $ 29,600 0% Rent & Utilities $ 488 $ 500 500 0% Supplies & Equipment $ 317 $ 900 $ 600 -33% Travel & Training $ - $ - $ - 0 Other Expenses: accounting, insurance, advertising $ 2,732 $ 8,632 $ 9,000 4% Total Agency Expenses $ 29,487 $ 39,632 $ 39,700 0% SURPLUS/(DEFICIT) FOR PERIOD: $ 1,973 $ 3,053 $ 3,385 11% DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Proposed Project Budget PROJECT NAME:Paid Compost Monitors for the Eno River Farmers’ Market Community Compost Collec<on Use only if project is ongoing Use for all projects PROJECT REVENUE Actual Total for 2021 Estimated Total for Current Year Projected Total for Next Year Percent Change Private Donations $ - $ - $ - 0 Project Generated Revenue: $ - $ - $ - 0 Local Government Grants (Please list separately): Orange County Community Climate Action Grant $ - $ 2,180 $ 4,500 106% $ - $ - $ - 0 $ - $ - $ - 0 $ - $ - $ - 0 Other Government Grants Triangle United Way $ - $ - $ - 0 State Government $ - $ - $ - 0 Federal Government (CDBG/HOME/etc.) $ - $ - $ - 0 Private Foundation Grants $ - $ - $ - 0 Other Revenue: please briefly explain here $ - $ - $ - 0 Total Project Revenue $ - $ 2,180 $ 4,500 106% PROJECT EXPENSES Compensation $ - $ 2,180 $ 4,500 106% Rent & Utilities $ - 0 Supplies & Equipment $ - $ - $ - 0 Travel & Training $ - $ - $ - 0 Other Expenses: please briefly explain here $ - $ - $ - 0 Total Project Expenses $ - $ 2,180 $ 4,500 106% SURPLUS/(DEFICIT) FOR PERIOD: $ - $ - $ - 0 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Amy – per our contract with Orange County, I’m notifying you of changes in the membership of the board of the Eno River Farmers’ Market (ERFM), effective 11 Mar 2023. The changes are a result of our annual membership meeting and election. Our board now consists of: Matthew Lowe – Board Member and President, (252) 489-0603, 312 Woodlawn Drive, Mebane, NC 27302, board membership expires March 2025, woodlawnroots@gmail.com Flo Hawley – Board Member and Vice-President, (919) 360-4261, 615 Chapel Hill Creamery Road, Chapel Hill, NC 27516, board membership expires March 2024, flo@chapelhillcreamery.com Emily Buehler – (Community Member appointed by the board) Board Member and Secretary, (919) 475- 5756, 657 McAdams Road, Hillsborough, NC 27278, board membership expires March 2024, twobluestarz@yahoo.com Bradley D. Dokter – Board Member and Treasurer, (313) 770-1137, 6803 Compton Road, Cedar Grove, NC 27231-9362, board membership expires March 2026, bddokter@gmail.com Meredith Taylor, Board Member, (440) 552-6737, 4229 Elg Road, Efland, NC 27243, board membership expires March, 2026, fullcircleflowersnc@gmail.com Kether Smith, Board Member, (828) 450-6558, 2325 Stagecoach Drive, Hillsborough, NC 27278, board membership expires March, 2025, Botanistcidermaker@gmail.com Martha Pengelly, Board Member, (919) 260-9986, 2503 Woods Loop, Hurdle Mills, NC 27541-8193, board membership expires March, 2024, martha.pengelly@gmail.com The changes include replacing our former president, Tracy LaFleur, with Mr. Lowe, and election of three new board members (Ms. Taylor, Ms. Smith, and Ms. Pengelly), to replace three former board members (Ms. LaFleur, Alison McCandless, and Kevin Mason). The six elected board members are usually elected by the voting membership of the market to three- year terms, whose periods are staggered to avoid complete board turn-over in any one year. (This year was unusual in that two of our former board members stepped down during our market year, so elections were also held to identify board members to replace them for the remainder of their terms.) Elections are held in March of each year. Emily holds the community member position, a voting position, to which position she is appointed by the board itself. Officers are chosen by the board, each year, after elections have been held and the community member appointed. Officers’ terms are all one year. Board Members – please double check the data I have sent Amy – let me know ASAP if any information I sent about you is incorrect. Thanks. Bradley D. Dokter Treasurer, ERFM DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 59511 (10-19) 15-0415-00 Auto-Owners Insurance Company ENO RIVER FARMERS MARKET INC PO BOX 487 HILLSBOROUGH NC 27278-0487 THE INSURANCE CENTER OF DURHAM INC PO BOX 15369 DURHAM NC 27704-0369 06-17-2022 www.auto-owners.com You can view your policy or change your paperless options at any time online at . Your agency's phone number is 919-471-2541. RE: Policy Thank you for selecting Auto-Owners Insurance Group to serve your insurance needs! Feel free to contact your independent Auto-Owners agent with questions you may have. Auto-Owners and its affiliate companies offer a full complement of policies, each of which has its own eligibility requirements, coverages and rates. Please take this opportunity to review your insurance needs with your Auto-Owners agent, and discuss which company and program may be most appropriate for you. Auto-Owners Insurance Company was formed in 1916. Our A++ (Superior) rating by A.M. Best Company signifies that we have the financial strength to provide the insurance protection you need. The Auto-Owners Insurance Group is comprised of six property and casualty companies and a life insurance company. 112315-35778379-22 Serving Our Policyholders and Agents Since 1916 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Page 1 ADDRESS POLICY NUMBER INSURED to AGENCY Issued 112315-35778379-22 THE INSURANCE CENTER OF DURHAM INC 919-471-254115-0415-00 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 INSURANCE COMPANY ENO RIVER FARMERS MARKET INC PO BOX 487 HILLSBOROUGH NC 27278-0487 Bill Company 35-23-NC-1104Company Use 06-17-2022 Policy Term 04-03-2022 12:01 a.m. 04-03-2023 12:01 a.m. TAILORED PROTECTION POLICY DECLARATIONS MKT TERR 050 04-25-2022EffectiveChange Endorsement Description of Change LIABILITY COVERAGE ADDED LOC 2: 500 VALLEY FORGE RD HILLSBOROUGH NC 27278 CLASS 15123 @ 100,000 Transaction Number: 003 Endorsement Premium: $32.00 ADDITIONAL (THIS IS NOT A BILL) DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 59511 (10-19) 15-0415-00 Auto-Owners Insurance Company ENO RIVER FARMERS MARKET INC PO BOX 487 HILLSBOROUGH NC 27278-0487 THE INSURANCE CENTER OF DURHAM INC PO BOX 15369 DURHAM NC 27704-0369 02-16-2022 www.auto-owners.com You can view your policy or change your paperless options at any time online at . Your agency's phone number is 919-471-2541. RE: Policy Thank you for selecting Auto-Owners Insurance Group to serve your insurance needs! Feel free to contact your independent Auto-Owners agent with questions you may have. Auto-Owners and its affiliate companies offer a full complement of policies, each of which has its own eligibility requirements, coverages and rates. Please take this opportunity to review your insurance needs with your Auto-Owners agent, and discuss which company and program may be most appropriate for you. Auto-Owners Insurance Company was formed in 1916. Our A++ (Superior) rating by A.M. Best Company signifies that we have the financial strength to provide the insurance protection you need. The Auto-Owners Insurance Group is comprised of six property and casualty companies and a life insurance company. 112315-35778379-22 Serving Our Policyholders and Agents Since 1916 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 What We Do To Protect Your Privacy At Auto-Owners Insurance Group*, we value your business and we want to retain your trust. In the course of providing products and services, we may obtain nonpublic personal information about you. We assure you that such information is used only for the purpose of providing our products and services to you. Protecting Confidentiality Our agents and Company associates may have access to nonpublic personal information only for the purpose of providing our products or services to you. We maintain physical, electronic and procedural safeguards against unauthorized use of your nonpublic personal information. Information We Obtain To assist in underwriting and servicing your policy, we may obtain nonpublic personal information about you. For example, we routinely obtain information through applications, forms related to our products or services, from visiting www.auto-owners.com, and your transactions with us. We may obtain such information from our affiliates, independent insurance agents, governmental agencies, third parties, or consumer reporting agencies. The type of information that we collect depends on the product or service requested, but may include your name, address, contact information, social security number, credit history, claims history, information to properly investigate and resolve any claims, or billing information. We may obtain your medical history with your permission. The nature and extent of the information we obtain varies based on the nature of the products and services you receive. The Internet and Your Information If you would like to learn about how we gather and protect your information over the Internet, please see our online privacy statement at www.auto-owners.com/privacy. Generally, Auto-Owners may use cookies, analytics, and other technologies to help us provide users with better service and a more customized web experience. Our business partners may use tracking services, analytics, and other technologies to monitor visits to www.auto-owners.com. The website may use web beacons in addition to cookies. You may choose to not accept cookies by changing the settings in your web browser. Information obtained on our websites may include IP address, browser and platform types, domain names, access times, referral data, and your activity while using our site; who should use our web site; the security of information over the Internet; and links and co-branded sites. Limited Disclosure Auto-Owners Insurance Group companies do not disclose any nonpublic personal information about their customers or former customers except as permitted by law. We do not sell your personal information to anyone. We do not offer an opportunity for you to prevent or "opt out of" information sharing since we only share personal information with others as allowed by law. When sharing information with third parties to help us conduct our business, we require them to protect your personal information. We do not permit them to use or share your personal information for any purpose other than the work they are doing on our behalf or as required by law. 59325 (12-19)Page 1 of 2 NOTICE OF PRIVACY PRACTICES 59325 (12-19) DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 The types of information disclosed may include personal information we collect as necessary to service your policy or account, investigate and pay claims, comply with state and federal regulatory requests or demands, and process other transactions that you request. Third parties that receive disclosures may include your independent agent, regulators, reinsurance companies, fraud prevention agencies, or insurance adjusters. How Long We Retain Your Information We generally retain your information as long as reasonably necessary to provide you services or to comply with applicable law and in accordance with our document retention policy. We may retain copies of information about you and any transactions or services you have used for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. This allows the specific information collected (name, email, address, phone number, etc.) to become anonymous, but allows Auto-Owners to keep the transaction or engagement data. Changes to the Privacy Policy We will provide a notice of our privacy policy as required by law. This policy may change from time to time, but you can always review our current policy by visiting our website at www.auto-owners.com/privacy or by contacting us. Contact Us Auto-Owners Insurance Company Phone: 844-359-4595 (toll free) Email: privacyrequest@aoins.com *Auto-Owners Insurance Group includes, Auto-Owners Insurance Company, Auto-Owners Life Insurance Company, Home-Owners Insurance Company, Owners Insurance Company, Property-Owners Insurance Company and Southern-Owners Insurance Company. 59325 (12-19)Page 2 of 2 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 59349 (10-03) AVAILABILITY OF TERRORISM RISK INSURANCE COVERAGE Dear Policyholder: Our records indicate that you previously rejected our offer to provide coverage for certified acts of terrorism. The enclosed policy does not provide coverage for certified acts of terrorism in accordance with your previous rejection of coverage. If you would like coverage for certified acts of terrorism, please contact us. This notice is for informational purposes only. If you have any questions concerning your policy or this notice, please contact your Auto-Owners agency. 59349 (10-03)Page 1 of 1 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 59392 (11-20) Dear Policyholder: The Terrorism Risk Insurance Act of 2002 (including ensuing Congressional actions pursuant to the Act) will expire on December 31, 2027 unless the Federal government extends the Act. What this means to you is the following: 1.This policy does not provide coverage for certified acts of terrorism, since you have previously declined this coverage. 2.A conditional endorsement entitled, Conditional Exclusion Of Terrorism Involving Nuclear, Biological Or Chemical Terrorism (Relating To Disposition Of Federal Terrorism Risk Insurance Act) is enclosed. This conditional en- dorsement will only apply if the Act is not extended or if the Act is revised to increase statutory deductibles, de- crease the federal government's share in potential losses above the statutory deductibles, change the levels, terms or conditions of coverage and we are no longer required to make terrorism coverage available and elect not to do so. It will not apply if the Act is simply extended. 3.The conditional endorsement will provide coverage for an incident of terrorism pursuant to the terms and condi- tions of the policy only if the incident does not involve nuclear, biological or chemical material. 4.A premium charge will be made for this coverage after January 1, 2028. It will be prorated for the period begin- ning January 1, 2028 and ending on the expiration date of this policy term. However, it will only be made if the Terrorism Risk Insurance Act (including ensuing Congressional actions pursuant to the Act) is not extended. Re- vised Declarations will be mailed to you after January 1, 2028. 5.If the Act is extended without any revision, the enclosed policy will continue to exclude coverage for certified acts of terrorism. The conditional endorsement will not be activated and the changes in coverage or premium refer- enced above will not apply. 6.If the Act is extended with revisions or is replaced, and we are required or elect to continue to offer coverage for certified acts of terrorism, we may amend this policy in accordance with the provisions of the revised Act or its replacement. This notice is for informational purposes only. If you have any questions concerning your policy or this notice, please contact your Auto-Owners agency. NOTIFICATION OF POSSIBLE CHANGES IN COVERAGE FOR TERRORISM 59392 (11-20)Page 1 of 1 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 59529 (4-15) NOTICE OF CHANGE IN POLICY TERMS STATE OF DISASTER Dear Policyholder: In the event that a state of disaster is proclaimed for the state of North Carolina or for an area within the state in accor- dance with state law, or whenever a major disaster is declared for the state of North Carolina or an area within this state by the President of the United States, and the Insurance Commissioner issues an order declaring action for the specific disaster, you have the option to defer premium payments for 30 days. In addition, any time limitation imposed on you or on us by any statute, rule, or other policy provision may also be deferred for 30 days. The deferral period may be ex- tended by the Commissioner of Insurance. If you have any questions regarding your policy or this notice, please contact your Auto-Owners Insurance agency. 59529 (4-15)Page 1 of 1 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Page 1 ADDRESS POLICY NUMBER INSURED to AGENCY Issued In consideration of payment of the premium shown below, this policy is renewed. Please attach this Declarations and attachments to your policy. If you have any questions, please consult with your agent. 112315-35778379-22 THE INSURANCE CENTER OF DURHAM INC 919-471-254115-0415-00 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 INSURANCE COMPANY ENO RIVER FARMERS MARKET INC PO BOX 487 HILLSBOROUGH NC 27278-0487 Bill Company 35-23-NC-1104Company Use 02-16-2022 Policy Term 04-03-2022 12:01 a.m. 04-03-2023 12:01 a.m. TAILORED PROTECTION POLICY DECLARATIONS MKT TERR 050 04-03-2022EffectiveRenewal COMMON POLICY INFORMATION 55039 (11-87) Business Description: Entity: Open Air Farmers Mkt Corporation THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S):PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE $170.00 MINIMUM PREMIUM ADJUSTMENT (GL) $95.00 TOTAL $265.00 THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Premium shown above for commercial general liability coverage is an advanced premium deposit and may be subject to audit. Forms that apply to all coverage part(s) shown above (except garage liability, dealer's blanket, commercial automobile, if applicable): 59495 (08-11) 55000 (07-12) 59392 (11-20) 59349 (10-03) Countersigned By: ________________________________________ DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Page 2 Term AGENCY POLICY NUMBER INSURED to Issued 112315-35778379-22THE INSURANCE CENTER OF DURHAM INC 15-0415-00 Auto-Owners Ins. Co. ENO RIVER FARMERS MARKET INC Company Bill 35-23-NC-1104 02-16-2022 04-03-2022 04-03-2023 MKT TERR 050 55040 (11-87) COMMERCIAL GENERAL LIABILITY COVERAGE COVERAGE LIMITS OF INSURANCE General Aggregate $2,000,000 (Other Than Products-Completed Operations) Products-Completed Operations Aggregate $2,000,000 Personal And Advertising Injury $2,000,000 Each Occurrence $2,000,000 Damage to Premises Rented to You (Fire Damage) $50,000 Any One Premises Medical Payments $5,000 Any One Person Twice the "General Aggregate Limit", shown above, is provided at no additional charge for each 12 month period in accordance with form 55885. AUDIT TYPE: Annual Audit Forms that apply to this coverage: 55405 (07-08) 59351 (01-15) 55146 (06-04) IL0269 (10-94) IL0017 (11-85) IL0021 (07-02) CG2106 (05-14) CG0001 (04-13) 55513 (05-17) CG2109 (06-15) 55029 (05-17) CG2196 (03-05) CG2132 (05-09) CG2147 (12-07) 55885 (05-17) CG2026 (04-13) CG2011 (04-13) 59325 (12-19) 59392 (11-20) LOCATION 0001 - BUILDING 0001 Location: River Park & Eno River, Hillsborough, NC 27278-7907 Territory: 004 County: Orange SUBLINE PREMIUM BASIS RATE PREMIUMCODECLASSIFICATION Markets - Open Air (Lessor's Risk Only) (For-Profit)15123 Prem/Op Prod/Comp Op Gross Sales $100,000 $100,000 Each 1000 .818 .127 $82.00 $13.00 Additional Interests 49950 Designated Per/Organization L 1. Orange County Prem/Op Flat Charge $25.00 Prod/Comp Op Flat Charge $25.00 Managers/Lessors Of Premises 1. Orange County Prem/Op Flat Charge $25.00 PREMIUMCOMMERCIAL GENERAL LIABILITY COVERAGE - LOCATION 0001 SUMMARY EXCLUDEDTERRORISM - CERTIFIED ACTS SEE FORM: 59351 TERRORISM COVERAGE A PREMIUM CHARGE MAY BE MADE EFFECTIVE 01-01-28 SEE FORMS 55405, 59392 $170.00LOCATION 0001 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 59495 (8-11) It is agreed: This policy is subject to the following condition: If this policy is canceled or nonrenewed, the designated person(s) or organization(s) shown in the SCHEDULE below shall be notified at least: 1.10 days prior to the effective date of cancellation if we cancel for nonpayment of premium; or 2.The number of days shown in the SCHEDULE prior to the effective date if we cancel for any other reason. If the law of the state in which notice is mailed to requires a longer notice period, we will comply with those requirements. SCHEDULE Number of Days Notice _____________ Name Of Designated Person(s) Or Organization(s)Mailing Address (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) All other policy terms and conditions apply. 59495 (8-11)Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL DESIGNATED PERSON(S) OR ORGANIZATION(S) OTHER THAN THE NAMED INSURED 030 ORANGE COUNTY PO BOX 8181 HILLSBOROUGH NC 27278-8181 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): Name Of Person(s) Or Organization(s) (Additional Insured): Additional Premium:$ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or orga- nization(s) shown in the Schedule, but only with re- spect to liability arising out of the ownership, main- tenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1.Any "occurrence" which takes place after you cease to be a tenant in that premises. 2.Structural alterations, new construction or demo- lition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1.The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these addi- tional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ORANGE COUNTY DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to in- clude as an additional insured the person(s) or orga- nization(s) shown in the Schedule, but only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ORANGE COUNTY DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 55405 (7-08) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55405 (7-08)Copyright ISO Properties, Inc., 2004 Page 1 of 2 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL OR CHEMICAL TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) A.Applicability Of This Endorsement 1.The provisions of this endorsement will apply if and when one of the following situations occurs: a.The federal Terrorism Risk Insurance Pro- gram ("Program"), established by the Ter- rorism Risk Insurance Act of 2002 (in- cluding ensuing Congressional actions pursuant to the Act), terminates; or b.The Program is renewed, extended or oth- erwise continued in effect: (1)With revisions that increase insurers' statutory percentage deductible or de- crease the federal government's stat- utory percentage share in potential terrorism losses above such deduct- ible, or that results in a change in the level or terms or conditions of cover- age; and (2)We are not required by the Program to make terrorism coverage available to you and elect not to do so. 2.When this endorsement becomes applicable in accordance with the terms of A.1.a. or A.1.b., above, it supersedes any terrorism endorsement already endorsed to this policy that addresses "certified acts of terrorism". 3.If this endorsement does NOT become appli- cable, then any terrorism endorsement al- ready endorsed to this policy, that addresses "certified acts of terrorism", will remain in effect. However, if the Program is renewed, extended or otherwise continued in effect with revisions that change the level or terms or conditions of coverage, and we are re- quired to offer you the revised coverage or to provide revised coverage to those who pre- viously accepted coverage under the Pro- gram, then we will take the appropriate steps in response to the federal requirements. B.The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in quotation marks. "Terrorism" means activities against persons, or- ganizations or property of any nature: 1.That involve the following or preparation for the following: a.Use or threat of force or violence; or b.Commission or threat of a dangerous act; or DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55405 (7-08)Copyright ISO Properties, Inc., 2004 Page 2 of 2 c.Commission or threat of an act that inter- feres with or disrupts an electronic, com- munication, information, or mechanical system; and 2.When one or both of the following applies: a.The effect is to intimidate or coerce a government or the civilian population or any segments thereof, or to disrupt any segment of the economy; or b.It appears that the intent is to intimidate or coerce a government or the civilian popu- lation, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philo- sophy or ideology. C.The following exclusion is added: Exclusion Of "Terrorism" We will not pay for "bodily injury", "property dam- age", "personal injury" or "advertising injury" caused directly or indirectly by "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". All "bodily injury", "property damage", "personal injury" or "advertising injury" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. This exclusion applies only when one or more of the following are attributed to an inci- dent of "terrorism": 1.The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; 2.Radioactive material is released, and it appears that one purpose of the "terrorism" was to rel- ease such material; 3.The "terrorism" is carried out by means of the dispersal or application of pathogenic or poi- sonous biological or chemical materials; or 4.Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the "terrorism" was to release such materials. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, regardless of whether this endorsement was in effect during the entirety of that time period or not. DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 59351 (1-15) It is agreed: 1.The following definition applies: Certified act of terrorism means any act certified by the Secretary of the Treasury, in consultation with: a.the Secretary of Homeland Security; and b.the Attorney General of the United States to be an act of terrorism as defined and in accordance with the federal Terrorism Risk Insurance Act of 2002 (includ- ing ensuing Congressional actions pursuant to the Act). Under the federal Terrorism Risk Insurance Act of 2002 (including ensuing Congressional actions pursuant to the Act) a terrorist act may be certified: a.if the aggregate covered commercial property and casualty insurance losses resulting from the terrorist act ex- ceed $5 million; and b.(1)if the act of terrorism is: a)a violent act; or b)an act that is dangerous to human life, property or infrastructure; and (2)if the act is committed: a)by an individual or individuals as part of an effort to coerce the civilian population of the United States; or b)to influence the policy or affect the conduct of the United States government by coercion. 2.The following exclusion is added: We shall not pay: a.for any loss caused directly or indirectly by a certified act of terrorism, whether or not any other cause or event contributed concurrently or in any sequence to the loss. b.sums any insured becomes legally obligated to pay because of or arising out of bodily injury, property damage, personal injury or advertising injury, if covered by this insurance, caused by a certified act of terrorism. All other policy terms and conditions apply. EXCLUSION OF CERTIFIED ACTS OF TERRORISM and IMPORTANT INFORMATION REGARDING TERRORISM RISK INSURANCE COVERAGE 59351 (1-15)Page 1 of 2 DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83 Agency Code Policy Number15-0415-00 112315-35778379 The Terrorism Risk Insurance Act of 2002 was signed into law on November 26, 2002. The Act (including ensuing Con- gressional actions pursuant to the Act) defines an act of terrorism, to mean any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be (i) an act of terrorism; (ii) to be a violent act or an act that is dangerous to human life, property or infrastructure; (iii) to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an ef- fort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States government by coercion. At your request, this policy does not provide insurance coverage for certified acts of terrorism as defined in the Act. "Ex- cluded" is shown on the Declarations page under this coverage. In the event of a certified act of terrorism, future policies also may include a government assessed terrorism loss risk-spreading premium in accordance with the provisions of the Act. 59351 (1-15)Page 2 of 2 IMPORTANT INFORMATION REGARDING TERRORISM RISK INSURANCE COVERAGE DocuSign Envelope ID: 9FB641C3-C7F6-4609-BE4A-71829032AD83