FY 2024 CONTRACT EAST VALLEY PARTNERSHIP - FOR ATTACHMENT.PDF

ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

No.: C-18-22- Amount: $15,000
Effective Date: July 1, 2023 Termination Date: June 30, 2024

This Contract is entered into by and between East Valley Partnership hereinafter referred to as
“CONTRACTOR”, and Maricopa County, Arizona hereinafter referred to as “COUNTY. All rights and
obligations of the parties shall be governed by the terms of the Contract as set forth herein and attached
hereto. COUNTY or CONTRACTOR may be referred to as the “Party” or collectively referred to as the
“Parties” within this Contract.

This Contract contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of the Contract shall be deemed to exist or to bind any of the
Parties hereto. Nothing in this Contract shall be construed as consent to any suit or waiver of any defense
in a suit brought against the State of Arizona, Maricopa County, or CONTRACTOR in any State or Federal
Court.

Contractor: PHX East Valley Partnership Phone: (480) 834-8335
Address: 41 North MacDonald, Suite 212, Mesa, AZ 85201

County Contract Administrator: Maricopa County Office of Budget and Finance Phone: (602) 506-7104
Address: 301 West Jefferson, Phoenix. AZ 85003

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

IN WITNESS WHEREOF, the Parties enter into this Contract:

CONTRACTOR:

Signature (RHK East Valley-Rarinership)

Soun W. lawS 5 PeeswWest/CeO
Typed Name/Title

MAN 15,2073
Date

MARICOPA COUNTY:

BY:
Jack Sellers, District 1
Maricopa County Board of Supervisors

BY:
Thomas Galvin, District 2
Maricopa County Board of Supervisors

Juanita Garza
Clerk of the Board of Supervisors

Date

This Contract has been reviewed pursuant to ARS §§ 11-201 and 11-254 et seg. by the undersigned Deputy
County Attorney who has determined that it is proper in form and is within the power and authority granted
under the laws of the State of Arizona.

tyr A Ait Lables May 24, 2023

Deputy County Attorney Date

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

SCOPE OF WORK

The PHX East Valley Partnership is a regional coalition of community, business, educational, non-profit and
government leaders whose goal is to provide leadership and support in specific areas that will help improve
the overall business climate and quality of life in the region. The PHX East Valley Partnership covers the
area east of the city of Phoenix in Maricopa County, of which 69% is unincorporated.

The CONTRACTOR will provide COUNTY with programming support based on the following key focus
areas: aviation & aerospace, education, economic development, transportation.
COUNTY is funding $15,000 for ongoing work and operations.

TERMS

This Contract shall be effective through June 30, 2024.

The two members of the COUNTY Board of Supervisors executing this contract shall have two ex-officio
director spots on the CONTRACTOR’s Board of Directors. The ex-officio directors and one staff each are
welcome to attend all Board of Director Meetings.

CONTRACTOR will meet biannually with the Supervisors from District 1 and District 2 to present
accomplishments under the contract.

Contract and funding will be reviewed on an annual basis for possible future funding.
CONTRACTOR will engage in the following activities:
PRIMARY EFFORTS

e¢ Support economic development programs and services benefiting the unincorporated areas of the East
Valley.

e Serve as an economic development convener and facilitator for the East Valley of Maricopa County in
the areas of aviation & aerospace, education, economic development, transportation, and additional
issues of interest to the County that may arise.

e Develop and further awareness of education issues that affect the East Valley and beyond via
managing and promoting the PHX East Valley Education Think Tank.

e Develop, research, print and circulate an annual economic profile, providing regional statistics at-a-
glance.

e Educate and advocate for important local and regional legislative priorities

e Host annual PHX East Valley Thought Leaders Forum (Nov or Dec 2023), program details TBA.

e Conduct regularly scheduled Board of Director Meetings

SECONDARY/CONTINUING EFFORTS

e Collaborate with the local and regional economic development boards, including the Greater Phoenix
Economic Council (GPEC); the Maricopa Association of Governments (MAG); state, regional, and
local chambers; Arizona Commerce Authority; and other economic development interests to align

regional economic development strategies and assist in growth of high-wage industries and
employment.

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

e Actively support foundational improvements in areas that highly impact the region (such as
transportation, education, and taxation) and encourage elected officials to adopt business-friendly
policies including but not limited to continued support of the Phoenix-Mesa Gateway Airport area, the
Falcon Field Airport area, and coordination of Superstition Vistas Project Area activities.

e Continued leadership and oversight for the PHX East Valley national marketing brand initiative and
conduct regularly scheduled Marketing Committee meetings to further this effort.

¢ Communicate and collaborate with municipal, regional, elected, and appointed officials on key issues
affecting the East Valley.

e Promote and enhance connections between economic development, workforce development, and
training/education efforts to maximize regional impact.

REPORTING REQUIREMENTS

CONTRACTOR will provide COUNTY with annual performance reports due by June 30, 2024. Reports are
to be submitted to the Contract Administrator AND District 1 and District 2 Supervisors. Performance reports
are to describe detailed steps undertaken to complete the contract’s Primary and Secondary/Continuing
Efforts.

In addition, CONTRACTOR shall provide a copy of its annual external audit (conducted by an accredited
independent auditor) forthe year ending December 31, 2023 to the COUNTY Contract Administrator no
later than July 31, 2024.

All amendments to this Contract, other than those specified under the Strict Compliance paragraph of this
contract, shall be in writing and signed by both parties.

COMPENSATION

This is a Firm Fixed Price Contract. COUNTY shall pay the contractor a total of $15,000 for services
provided, as defined in this contract. Work shall be contracted for the duration of the COUNTY Fiscal Year,
July 1, 2023 through June 30, 2024. A single payment will be authorized upon execution of the contract.

GENERAL REQUIREMENTS

The terms of this Contract shall be construed in accordance with Arizona law; any action thereon shall be
brought in the appropriate court in the State of Arizona.

The CONTRACTOR shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this Contract, and shall comply with all
laws regarding unemployment insurance, disability insurance and worker's compensation.

The CONTRACTOR is an independent contractor in the performance of work and the provision of services
under this Contract and is not to be considered an officer, employee or agent of the COUNTY.

The CONTRACTOR understands and acknowledges that as a condition precedent to receiving these funds,
the CONTRACTOR must possess an exemption status from the Internal Revenue Service and must be
registered and in good standing with the Arizona Corporation Commission.

CONTRACTOR shall not make any payments, either directly or indirectly, to any person, partnership,

corporation, trust or other organization which has a substantial interest in CONTRACTOR'S organization
orwith which CONTRACTOR (or one of its Directors, officers, owners, trust certificate holders or a relative

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

thereof) has a substantial interest, unless CONTRACTOR has made full written disclosure of the proposed
payments to the COUNTY Board of Supervisors and has received written approval therefore. For purposes
of this provision, the term’s "substantial interest" and "relative" shall have the same meanings as in A.R.S.
§38-502.

No member of the Maricopa County Board of Supervisors, the Arizona State Legislature, or member of, or
delegate to Congress will be admitted to any share or part of this Contract, or to any benefit that may arise
there from; but this provision shall not be construed to extend to this Contract if made with a corporation for
its general benefit.

None of the funds, materials, property or services contributed by COUNTY or the CONTRACTOR under
this Contract shall be used in the performance of this Contract for any partisan political activity, or to further
the election or defeat of any candidate for public office, ballot proposition or referendum.

Default

The Contract Administrator may recommend to the Board of Supervisors to suspend, terminate or modify
this Contract immediately upon written notice to the CONTRACTOR in the event of non-performance of
stated objectives or other material breach of contractual obligations; or upon the occurrence of any event
which would jeopardize the ability of the CONTRACTOR to perform any of its contractual obligations. Upon
termination as set forth below, the COUNTY reserves the right to have service provided by other than the
CONTRACTOR if the CONTRACTOR is unable or fails to provide required service with the specified time
frame.

Availability of Funds

In any action is taken by any state agency, federal department or any other agency or entity to suspend,
decrease or terminate its fiscal obligations under, or in connection with this Contract, the Board of
Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this
Contract. In the event of termination, Maricopa County shall be liable to pay forthose services rendered
before the effective date of the termination, provided that such services performed are in accordance with
the provisions of this Contract. The COUNTY shall give written notice of the effective date of any
suspension, amendment, or termination under this section, at least ten (10) calendar days in advance.

Termination

This Contract is subject to cancellation in accordance with the provisions of A.R.S. §38-511. Either Party
may terminate this Contract at any time, with sixty (60) days’ notice in writing to the other Party (unless
terminated by the Board of Supervisors under Availability of Funds provision). Such notice shall be given
by personal delivery or by Registered or Certified mail. This Contract may be terminated by mutual written
agreement of the Parties specifying the termination date therein.

Severability
Any provision of this Contract which is determined to be invalid, void or illegal shall in no way affect, impair
or invalidate any other provision hereof, and remaining provisions shall remain in full force and effect.

Strict Compliance

Acceptance by the Contract Administrator on behalf of the COUNTY of performancenotin strict compliance
with the terms hereof shall not be deemed to waive the requirement of strict compliance for all future
performance obligations. No right, liability, obligation or duty under this Contract will be assigned, or
delegated in whole or in part, without the prior written approval of the Contract Administrator.
CONTRACTOR shall bear all liability under this Contract, even if it is assigned, or delegated, in whole or in
part, unless the COUNTY agrees otherwise. All Amendments to this Contract, other than those specified
below, shall be in writing and signed by both Parties.

The COUNTY may, at any time, by written order, and sixty (60) days prior written notice to CONTRACTOR,
solely make changes within the general scope of this Contract in any one or more of the following areas:

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

e Work Statement activities reflecting changes in COUNTY or Contract Administrator policies or
requirements.

e Administrative requirements such as changes in reporting periods or formats. Such order will not
serve to increase or decrease the total compensation to be paid to the CONTRACTOR.

With exception of changes within the general scope discussed above, any other amendments to this
Contract must also be by a written instrument and executed by Contractor and County expressly stating

the intention to jointly amend this Contract.

Indemnity

Tne CONTRACTOR agrees to indemnify, hold harmless and defend the COUNTY, its officers and
employees from and against any and all claims, damages, suits and proceedings, regardless of the merits,
from liability, punitive damages, costs or expense of every type, including reasonable attorney's fees, all or
any part thereof arising out of or in connection with or by reason of, any act or omission of the
CONTRACTOR or any Subcontractor or anyone directly or indirectly employed by either the
CONTRACTOR or the Subcontractor or their agents. CONTRACTOR shall reimburse the COUNTY for its
costs and for time spent by its attorneys based upon actual reasonable attorneys’ fees prevailing in the
community, for defense of any litigation. CONTRACTOR shall include a clause to this effect in all
subcontracts inuring to the benefit of the above named entities.

Contractor Liability

The CONTRACTOR acknowledges and agrees that itis liable and responsible for any act or omission by
the CONTRACTOR, its employees, agents, officers, representatives, and subcontractors occurring in the
course of CONTRACTOR'S performance of this Contract, whether such act or omission occurs on
COUNTY property or elsewhere. CONTRACTOR shall be liable for any loss or damage arising out of or
related to CONTRACTOR'S performance of this Contract, CONTRACTOR shall bear the above stated
liability, even in absence of its own negligence, unless COUNTY actions or omissions caused the loss or
damage. CONTRACTOR shall bear the abovestated liability, consequential, incidental, direct, and indirect
damages, and shall be liable forall costs, including attorneys’ fees, incurred by the COUNTY to enforce
this provision.

The CONTRACTOR shall, upon written notice thereof, reimburse COUNTY for any payments made under
this Contract, which are disallowed, by a Federal, State or Maricopa County audit in the amount of the
disallowance, as well as court costs and attorneys’ fees which COUNTY spends to pursue legal action
relating to such disallowance. Court costs and attorneys’ fees incurred will be specifically identified as
applicable to the recovery of the disallowed costs in question.

If at any time it is determined by COUNTY that a cost for which payment has been made is a disallowed
cost, the Contract Administrator will notify the CONTRACTOR in writing of the disallowance and the
required course of action, which shall be at the option of the Contract Administrator, either to adjust any
future claim submitted by the CONTRACTOR by the amount of the disallowance or to require repayment
of the disallowed amount by the CONTRACTOR forthwith issuing a check payable to Maricopa County.

The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty COUNTY shall have the right to annul this Contract
without liability.

Ownership of Data

The Parties hereto shall have the use of data and reports resulting from this Contract without cost or other
restriction except as may be established by law or applicable regulation. Each Party shall supply to the
other Party, upon request, any available information that is relevant to this Contract and to the performance
hereunder.

If the Contract results in a book or other written material, the author is free to copyright the work, but
COUNTY reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, or

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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
PHX EAST VALLEY PARTNERSHIP

otherwise use and to authorize others to use, all copyrighted material and all material, which can be
copyrighted resulting from the Contract.

Contract Compliance Monitoring

COUNTY will monitor the CONTRACTOR'S compliance with, and performance under, the terms and
conditions of this Contract. On-site visits for Contract compliance monitoring may be made by the Contract
Administrator and/or appointed COUNTY employee at any time during the CONTRACTOR'S normal
business hours, announced or unannounced. The CONTRACTOR shall make available for inspection
and/or copying by the Contract Administrator, all records and accounts relating to the work performed or
the services provided under this Contract.

Non-Discrimination
The CONTRACTOR, in connection with any service or other activity under this Contract, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief.

Equal Employment Opportunity

The CONTRACTOR shall not discriminate against any employee or applicant for employment because of
face, age, disability, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action
to insure that applicants are employed and that employees are treated during employment without regard
to their race, age, disability, color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The CONTRACTOR shall, to the extent such provisions apply, comply with Title
VI and VIl of the Federal Civil Rights Act; the Federal Rehabilitation Act; the Age Discrimination in
Employment Act; American With Disabilities Act and; Arizona Executive Order 99-4 which mandates that
all persons shall have equal access to employment opportunities.

Retention of Records
This provision applies to all financial and programmatic records, supporting document, statistical records
and other records of the CONTRACTOR, which are reasonably considered as pertinent to this Contract.

The CONTRACTOR agrees to retain all records relevant to this Contract for six (6) years after final payment
or until after the resolution of any audit questions which could be more than six (6) years, whichever is
longer and the Contract Administrator, Federal and State auditors and any other persons duly authorized
by COUNTY shall have full access to, and the right to examine, copy (at their own expense) and make use
of any and all said materials during CONTRACTOR’s normal business hours and upon reasonable prior
notice.

E-Verification of Employees
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:

1. That the CONTRACTOR and its subcontractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§23-214, subsection A;

2. That a breach of a warranty under subsection 1 above, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the contract;

3. That the COUNTY retains the legal right to inspect the papers of any contractor or subcontractor
employee who works on the Contract to ensure that the CONTRACTOR or subcontractor is
complying with the warranty provided under subsection 1 above and that the CONTRACTOR
agrees to make all papers and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection; and

4. That nothing herein shall make any contractor or subcontractor an agent or employee of the
COUNTY.

END OF CONTRACT

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