City of Buckeye- Agreement with GPEC.pdf
Extracted text (via pymupdf)
47752 characters
1
AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF BUCKEYE
Fiscal Year 2025-2026
The City Council of the CITY OF BUCKEYE, a municipal corporation (the “City”), has approved
participation in and support of the regional economic development program of the GREATER PHOENIX
ECONOMIC COUNCIL (“GPEC”), an Arizona nonprofit corporation. The purpose of this agreement
(“Agreement”) is to set forth the regional economic development program that GPEC agrees to undertake,
the support that the City agrees to provide, the respective roles of GPEC and the City and the payments of
the City to GPEC for the fiscal year July 1, 2025 - June 30, 2026 (“FY2026”). This Agreement is dated
and effective as of July 1, 2025, and terminates on June 30, 2026.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the CITY and
GPEC agree as follows:
I.
RESPONSIBILITIES OF GPEC
A.
MISSION: Attract and grow quality businesses and advocate for Greater Phoenix’s
competitiveness.
B.
GOALS: GPEC is guided by and strategically focused on two specific long-range goals:
1.
Marketing the region to generate qualified business/industry prospects in targeted
economic clusters.
2.
Leveraging public and private allies and resources to locate qualified prospects,
improve overall competitiveness, and sustain organizational vitality.
C.
RETENTION AND EXPANSION POLICY:
1.
GPEC’s primary role is developing the Greater Phoenix region’s market
intelligence strategy for high wage, base industry clusters in coordination with
representatives of GPEC member communities.
2.
Retention and expansion of existing businesses within GPEC member
communities is primarily a local issue.
3.
GPEC will support its member communities’ efforts to retain and expand
existing businesses through coordinating regional support and providing research
on key retention and expansion projects.
4.
GPEC will advise its member communities when an existing company contacts
GPEC regarding a retention or expansion issue, subject to any legal or
contractual non-disclosure obligations.
D.
ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and
Expansion Policy set forth above and subject to the availability of adequate funding, GPEC
shall implement the Action Plan and Budget adopted by GPEC’s Board of Directors, a
copy of which has been delivered to the City, receipt of which is hereby acknowledged. A
summary of the Action Plan is attached hereto as Exhibit A (“GPEC Action Plan”). The
2
City shall be informed of any changes in the adopted GPEC Action Plan which will
materially affect or alter the priorities established therein. Such notification will be in
writing and will be made prior to implementation of such changes. Notwithstanding the
foregoing, the City acknowledges and agrees that GPEC may, in its reasonable judgment
in accordance with its own practices and procedures, substitute, change, reschedule, cancel
or defer certain events or activities described in the GPEC Action Plan as required by a
result of changing market conditions, funding availability, unforeseen expenses or other
circumstances beyond GPEC’s reasonable control. GPEC shall solicit the input of the City
on the formulation of future marketing strategies and advertisements. The GPEC Action
Plan will be revised to reflect any agreed-upon changes to the GPEC Action Plan.
E.
PERFORMANCE TARGETS: Specific performance targets, established by GPEC’s
Executive Committee and Board of Directors, are attached hereto as Exhibit B (“GPEC
Performance Measures”) and shall be used to evaluate and report progress on GPEC’s
implementation of the GPEC Action Plan. In the event of changing market conditions,
funding availability, unforeseen expenses or other circumstances beyond GPEC’s
reasonable control, these performance targets may be revised with the City’s prior written
approval, or with the prior written approval of a majority of the designated members of
GPEC’s Economic Development Directors Team (“EDDT”). GPEC will provide monthly
reports to the City discussing in detail its progress in implementing the GPEC Action Plan
as well as reporting the numerical results for each performance measurement set forth in
Exhibit B. GPEC shall provide a copy of its annual external audit for the preceding fiscal
year to the City no later than December 31, 2025.
In the case of any benchmark which is not met, GPEC will meet with the EDDT to provide
an explanation of the relevant factors and circumstances and discuss the approach to be
taken in order to achieve the target(s). Failure to meet a performance target will not, by
itself, constitute an event of default hereunder unless GPEC (i) fails to inform the City of
such event or (ii) fails to meet with EDDT to present a plan for improving its performance
during the balance of the term of the Agreement, which, if GPEC fails to comply with
either step, will constitute an event of default for which the City may terminate this
Agreement pursuant to paragraph IV.J. below.
II.
RESPONSIBILITIES OF THE CITY
A.
STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to GPEC’s
economic development efforts as follows:
1.
The City shall respond to leads or prospects referred by GPEC in a professional
manner within the time frame specified by the lead or prospect if the City desires
to compete and if the lead is appropriate for the City. When available, the City
agrees to provide its response in the format developed jointly by the EDDT and
GPEC;
2.
The City shall provide appropriate local hospitality, tours and briefings for
prospects visiting sites in the City;
3.
The City shall provide an official economic development representative to
represent the City on the EDDT, which advises GPEC’s President and CEO;
4.
The City shall cooperate in the implementation of GPEC/EDDT process
improvement recommendations including the use of common presentation
formats, exchange of information on prospects with GPEC’s staff, the use of
3
shared data systems, land and building databases and private sector real estate
industry interfaces;
5.
The City shall use its best efforts to respond to special requests by GPEC for
particularized information about the City within three business days after the
receipt of such request;
6.
In order to enable GPEC to be more sensitive to the City’s requirements, the City
may, at its sole option, deliver to GPEC copies of any City approved economic
development strategies, work plan, programs and evaluation criteria. GPEC shall
not disclose the same to the other participants in GPEC or their representatives;
7.
The City shall utilize its best good faith efforts to cause an economic development
professional representing the City to attend all marketing events and other
functions to which the City has committed itself; and
8.
The City agrees to work with GPEC to improve the City’s Competitiveness and
market readiness to support the growth and expansion of the targeted industries as
identified for the City in Exhibit C (“Targeted Industries”).
B.
Recognition of GPEC: The City agrees to recognize GPEC as the City’s officially
designated regional economic development organization for marketing the Greater
Phoenix region.
III.
ADDITIONAL AGREEMENTS OF THE PARTIES:
A.
PARTICIPATION
IN MARKETING EVENTS
AND PROVISION
OF TECHNICAL
ASSISTANCE: Representative(s) of the City shall be entitled to participate in GPEC’s
marketing events provided that such participation shall not be at GPEC’s expense. When
requested and appropriate, GPEC will use its best efforts to provide technical assistance
and support to City economic development staff for business location prospects identified
and qualified by the City and assist the City with presentations to the prospect in the City
or the prospect’s corporate location.
B.
COMPENSATION:
1.
The City agrees to pay $55,507 for services to be provided by GPEC pursuant to
the Agreement during the fiscal year ending on June 30, 2026, as set forth in this
Agreement. This amount is based on $.4897 per capita, based upon the 2024
Office of Economic Opportunity population estimate, which listed the City as
having a population of 113,349. The payment by the City may, upon the mutual
and discretionary approval of the board of directors of GPEC and the City Council,
be increased or decreased from time to time during the term hereof in accordance
with the increases or decreases of general application in the per capita payments to
GPEC by other municipalities which support GPEC.
2.
Funding for GPEC services under this Agreement shall be subject to the annual
appropriation of funds by the City Council pursuant to the required budget process
of the City;
3.
Nothing herein shall preclude the City from contracting separately with GPEC for
services to be provided in addition to those to be provided hereunder, upon terms
and conditions to be negotiated by the City and GPEC; and
4
4.
GPEC shall submit invoices for payment on a quarterly basis. The foregoing
notwithstanding, if GPEC has not provided the City with the audit required
pursuant to paragraph I.E. above no later than December 31, 2025, no payments
shall be made hereunder until the City receives the audit report. Invoices and
monthly activity reports, substantially in the form of Exhibit D (“Reporting
Mechanism for Contract Fulfillment”) attached hereto, are to be submitted to the
address listed under paragraph IV.P.
C.
COOPERATION:
1.
The parties acknowledge that GPEC is a cooperative organization effort among
GPEC and its member communities. Accordingly, the City and GPEC covenant
and agree to work together in a productive and harmonious manner to cooperate in
furthering GPEC’s goals for FY2026. The City and GPEC further covenant and
agree to comply with the Regional Cooperation Protocol, attached hereto as
Exhibit F, in all material respects.
2.
The City agrees to work with GPEC, as necessary or appropriate, to revise the
performance measures, and/or benchmarks, and/or goals for the FY2027 contract.
3.
The City agrees to work with GPEC during FY2026 to develop a revised public
sector funding plan, including a regional allocation formula for FY2027, if
determined to be necessary or appropriate.
IV.
GENERAL PROVISIONS:
A.
COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or selling agent
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 a breach or
violation of this warranty, the City shall have the right to terminate this Agreement without
liability or, in its discretion, to deduct the commission, brokerage or contingent fee from
its payment to GPEC.
B.
PAYMENT DEDUCTION OFFSET PROVISION: GPEC recognizes the provisions of the City
Code of the City of Buckeye, which require and demand that no payment be made to any
contractor as long as there is any outstanding obligation due to the City, and directs that
any such obligation be offset against payment due to GPEC.
C.
ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and no effect.
D.
INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this Agreement creates
any partnership, joint venture or agency relationship between the City and GPEC. At all
times during the term of this Agreement, GPEC shall be an independent contractor and
shall not be an employee of City. City shall have the right to control GPEC only insofar
as to the results of GPEC’s services rendered pursuant to this Agreement. GPEC shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
5
E.
INDEMNIFICATION AND HOLD HARMLESS: To the fullest extent permitted by law, during
the term of this Contract, GPEC shall indemnify, defend, hold, protect and save harmless
the City, its Mayor and any and all of its Council members, officers and employees for,
from and against any and all actions, suits, proceedings, claims and demands, loss, liens,
costs, expense and liability of any kind and nature whatsoever, for injury to or death of
persons, or damage to property, including property owned by City, brought, made, filed
against, imposed upon or sustained by the City, its officers, or employees in and arising
from or attributable to or caused directly or indirectly by the negligence, wrongful acts,
omissions or from operations conducted by GPEC, its directors, officers, agents or
employees acting on behalf of GPEC and with GPEC’s knowledge and consent.
Any party entitled to indemnity shall notify GPEC in writing of the existence of any claim,
demand or other matter to which GPEC’s indemnification obligations would apply, and
shall give to GPEC a reasonable opportunity to defend the same at its own expense and
with counsel reasonably satisfactory to the indemnified party.
Nothing in this Subsection E shall be deemed to provide indemnification to any
indemnified party with respect to any liabilities arising from the fraud, negligence,
omissions or willful misconduct of such indemnified party.
F.
INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at
GPEC’s own cost and expense, insurance against claims for injuries to persons or damages
to property which may arise from or in connection with this Agreement by GPEC, its
agents, representatives, employees or contractors, in accordance with the Insurance
Requirements set forth in Exhibit E (“Insurance Requirements”), attached hereto. The
City acknowledges that it has received and reviewed evidence of GPEC’s insurance
coverage in effect as of the execution of this Agreement.
G.
GRATUITIES: The City may, by written notice to GPEC, terminate the right of GPEC to
proceed under this Agreement upon one (1) calendar day notice, if it is found that gratuities
in the form of entertainment, gifts, or otherwise were offered or given by GPEC, or any
agent or representative of GPEC, to any officer or employee of the City with a view toward
securing a contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performance of such
contract; provided that the existence of the facts upon which the City makes such findings
shall be an issue and may be reviewed in any competent court. In the event of such
termination, the City shall be entitled to pursue all legal and equitable remedies against
GPEC available to the City, including payment of the City’s expenses and attorneys’ fees
in connection with terminating this Agreement pursuant to this paragraph.
H.
EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement,
GPEC agrees as follows:
1.
GPEC will not discriminate against any employee or applicant for employment
because of race, color, religion, gender, sexual orientation, national origin, age or
disability. GPEC shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to
their race, color, religion, gender, sexual orientation, national origin, age or
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
6
selection for training, including apprenticeship. GPEC agrees to post in
conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
2.
GPEC will, in all solicitations or advertisements for employees place by or on
behalf of GPEC, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, gender, sexual orientation,
national origin, age or disability.
3.
GPEC will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Agreement, provided that the foregoing provisions shall not
apply to Agreements or subcontracts for standard commercial supplies or new
materials.
4.
Upon request by the City, GPEC shall provide City with information and data
concerning action taken and results obtained in regard to GPEC’s Equal
Employment Opportunity efforts performed during the term of this Agreement.
Such reports shall be accomplished upon forms furnished by the City or in such
other format as the City shall prescribe.
I.
COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC
understands and acknowledges the applicability of the Immigration Reform and Control
Act of 1986, the Drug-Free Workplace Act of 1989 and the Americans with Disabilities
Act, and agrees to comply therewith in performing under any resultant agreement and to
permit City inspection of its records to verify such compliance.
1.
GPEC warrants to the City that, to the extent applicable under A.R.S. § 41-4401,
GPEC is in compliance with all Federal Immigration laws and regulations that
relate to its employees and with the E-Verify Program under A.R.S. § 23-214(A).
GPEC acknowledges that a breach of this warranty by GPEC or any subcontractors
providing services under this Agreement is a material breach of this Agreement
subject to penalties up to and including termination of this Agreement or any
applicable subcontract. The City retains the legal right to inspect the papers of any
employee of GPEC or any subcontractor who works on this Agreement to ensure
compliance with this warranty.
2.
The City may conduct random verification of the employment records of GPEC
and any of its subcontractors who work on this Agreement to ensure compliance
with this warranty.
3.
The City will not consider GPEC or any of its subcontractors who work on this
Agreement in material breach of the foregoing warranty if GPEC and such
subcontractors establish that they have complied with the employment verification
provisions prescribed by 8 USCA § 1324(a) and (b) of the Federal Immigration
and Nationality Act and the e-verify requirements prescribed by A.R.S. § 23-
214(A).
4.
The provisions of this Section I must be included in any contract GPEC enters into
with any and all of its subcontractors who provide services under this Agreement
or any subcontract to provide services under this Agreement. As used in this
Section I “services” are defined as furnishing labor, time or effort in the State of
7
Arizona by a contractor or subcontractor. Services include construction or
maintenance of any structure, building or transportation facility or improvement to
real property.
5.
GPEC certifies that it is not currently engaged in, and agrees for the duration of
the Agreement to not engage in, a boycott of Israel as defined in A.R.S. § 35-393.
6.
In accordance with Arizona Revised Statutes § 35-394, GPEC hereby certifies
and agrees that GPEC does not currently and shall not for the duration of this
Agreement use 1) the forced labor of ethnic Uyghurs in the People’s Republic of
China, 2) any services or goods produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China, and/or 3) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by the
forced labor of ethnic Uyghurs in the People’s Republic of China. If GPEC
becomes aware during the term of this Agreement that GPEC is not in
compliance with this Section, then GPEC shall notify the City within five (5)
business days after becoming aware of such noncompliance. If GPEC does not
provide the City with written certification that GPEC has remedied such
noncompliance within one hundred eighty (180) days after notifying the City of
such noncompliance, this Agreement shall terminate, except that if the
Agreement termination date occurs before the end of such one hundred eighty
(180) day remedy period, this Agreement shall terminate on such contract
termination date.
J.
TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail
to duly perform, observe or comply with any covenant, condition or agreement on its part
under this Agreement and such failure continues for a period of 30 days (or such shorter
period as may be expressly provided herein) after the date on which written notice requiring
the failure to be remedied shall have been given to GPEC by the City; provided, however,
that if such performance, observation or compliance requires work to be done, action to be
taken or conditions to be remedied which, by their nature, cannot reasonably be
accomplished within 30 days, no event of default shall be deemed to have occurred or to
exist if, and so long as, GPEC shall commence such action within that period and diligently
and continuously prosecute the same to completion within 90 days or such longer period
as the City may approve in writing. The foregoing notwithstanding, in the event of
circumstances which render GPEC incapable of providing the services required to be
performed hereunder, including, but not limited to, insolvency or an award of monetary
damages against GPEC in excess of its available insurance coverage and assets, the City
may immediately and without further notice terminate this Agreement.
K.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS.
GPEC’s
performance hereunder shall be in material compliance with all applicable federal, state
and local health, environmental, and safety laws, regulations, standards, and ordinances in
effect during the performance of this Agreement.
L.
INSTITUTION OF LEGAL ACTIONS.
Any legal actions instituted pursuant to this
Agreement must be filed in the county of Maricopa, State of Arizona, or in the Federal
District Court in the District of Arizona. In any legal action, the prevailing party in such
action will be entitled to reimbursement by the other party for all costs and expenses of
such action, including reasonable attorneys’ fees as may be fixed by the Court.
8
M.
APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded
hereunder or out of the proposals herein called for, which cannot be administratively
resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree
that the venue for any such action shall be in the State of Arizona.
N.
CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the existence of
any dispute between the parties, each party shall continue to perform the obligations
required of it during the continuation of any such dispute, unless enjoined or prohibited by
an Arizona court of competent jurisdiction.
O.
CITY REVIEW OF GPEC RECORDS. GPEC shall keep all Agreement records separate and
make them available for audit by City personnel upon request.
P.
NOTICES. Any notice, consent or other communication required or permitted under this
Agreement shall be in writing and shall be deemed received at the time it is personally
delivered, on the day it is sent by facsimile transmission, on the second day after its deposit
with any commercial air courier or express service or, if mailed, three (3) days after the
notice is deposited in the United States mail addressed as follows:
If to City:
City Manager
City of Buckeye
530 E. Monroe Avenue
Buckeye, Arizona 85326
Phone: (623) 349-6910
Fax: (623) 349-6099
If to GPEC:
Chris Camacho
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone: (602) 256-7700
Fax: (602) 256-7744
Any time period stated in such a notice shall be computed from the time the notice is
deemed received. Either party may change its mailing address or the person to receive
notice by notifying the other party as provided in this paragraph.
Q.
TRANSACTIONAL CONFLICT OF INTEREST. All parties hereto acknowledge that this
Agreement is subject to cancellation by the City pursuant to the provisions of A.R.S. § 38-
511.
R.
NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or employee of the
City will be personally liable to GPEC, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to GPEC or
successor, or on any obligation under the terms of this Agreement. No member, official or
employee of GPEC will be personally liable to the City, or any successor in interest, in the
event of any default or breach by the GPEC or for any amount which may become due to
the City or successor, or on any obligation under the terms of this Agreement.
S.
NO WAIVER. Except as otherwise expressly provided in this Agreement, any failure or
delay by any party in asserting any of its rights or remedies as to any default, will not
9
operate as a waiver of any default, or of any such rights or remedies, or deprive any such
party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
T.
SEVERABILITY. If any provision of this Agreement shall be found invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement will not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law, provided that the fundamental purposes of this Agreement are not
defeated by such severability.
U.
CAPTIONS. The captions contained in this Agreement are merely a reference and are not
to be used to construe or limit the text.
V.
NO THIRD-PARTY BENEFICIARIES. No creditor of either party or other individual or
entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason of
any provision of this Agreement.
W.
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. This Agreement may be executed
in counterparts, each of which is deemed to be an original. This Agreement, including ten
(10) pages of text and the below-listed exhibits which are incorporated herein by this
reference, constitutes the entire understanding and agreement of the parties.
Exhibit A - GPEC Action Plan
Exhibit B - GPEC Performance Measures
Exhibit C - Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E - Insurance Requirements
Exhibit F – Regional Cooperation Protocol
This Agreement integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes all negotiations or previous agreements between the parties with
respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the City or GPEC, and all amendments hereto must be in writing
and signed by the appropriate authorities of the parties hereto.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
10
IN WITNESS WHEREOF, the parties hereto have executed the Agreement this ___ day of
_____________________, 2025.
CITY OF BUCKEYE, an Arizona municipal corporation
By: __________________________________
Honorable Eric Orsborn, Mayor
ATTEST:
By:
Lucinda J. Aja, City Clerk
APPROVED AS TO FORM:
By:
K. Scott McCoy, City Attorney
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By:
Chris Camacho
President & Chief Executive Officer
Page 1 of 1
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2026
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated
$354.65M
2. Total Number of Jobs Created
5,670
3. Total Number of High-Wage Jobs1
3,151
4. Average High-Wage Salary
$75,921
5. GPEC Assists2
10
6. Number of Qualified Prospects
233
7. Number of Qualified International Prospects
48
8. Community Return on Investment3
18:1
9. Stakeholder Satisfaction with Business Attraction4
7.0
10. Stakeholder Satisfaction with Competitive Position5
7.0
Footnotes:
1.
High Wage Jobs: High wage jobs are those that are over 130% of the Phoenix MSA Median Wage (currently $63,192).
2.
GPEC Assists: Companies that located in the region, for which GPEC provided assistance, that do not qualify as a locate
due to project size
-
3.
ROI is calculated as a ratio of direct revenue from GPEC locates to all member communities divided by funding from GPEC
member communities
4.
Average result from respondents of EDDT and Board of Directors end-of-year surveys
5.
Average result from respondents of EDDT and Board of Directors end-of-year surveys
Page 1 of 3
EXHIBIT C
TARGETED INDUSTRIES
FY2026
GPEC and our member communities have identified targeted industries on a local and regional level,
incorporating these industries into a regional economic development plan. For fiscal year 2026, GPEC
will continue its emphasis on the following: Advanced Business Services; Aerospace & Defense; Battery
& Energy Storage; Emerging Technologies; Healthcare and Biomedical; Manufacturing & Logistics;
Mission Critical Operations; Semiconductor Ecosystem; and Software.
Member communities will target the following:
Apache Junction
Corporate/Regional Headquarters, Advanced Manufacturing, Standard Manufacturing, Healthcare,
Mining (Supplies & Services), R&D, and Hospitality/Entertainment
Avondale
Healthcare; hospitality/tourism; manufacturing & logistics, technology; retail & entertainment; and
technology
Buckeye
Advanced Manufacturing, Energy, Distribution & Logistics, Mission Critical, Retail, Entertainment &
Hospitality, Healthcare, Aviation, Entrepreneurship, and Higher Education.
Casa Grande
Advanced manufacturing; automotive technology; transportation/logistics; healthcare/medical services;
aviation/aerospace; and hospitality/entertainment
Chandler
Advanced business services; corporate/regional headquarters; healthcare; advanced manufacturing;
software development; aerospace/aviation; automotive technology; and applied research
El Mirage
Business Services; standard and advanced manufacturing; transportation; warehousing/distribution; heavy
industrial; food, fiber, and natural products; and aerospace aviation
Fountain Hills
Assembly (small scale), biosciences, financial services, healthcare, hospitality, retail and start ups
Gila Bend
Clean technology (manufacturing/central station generation/R&D);
warehousing/transportation/distribution; military supply chain; tourism/hospitality; standard
manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and
heavy industrial
Gilbert
Aerospace/aviation and defense; advanced business and professional services; finance and insurance;
healthcare and education services; information communication technology; manufacturing; clean and
renewable technology; and related corporate/regional headquarters
Page 2 of 3
Glendale
Advanced business services; aerospace, aviation and defense; healthcare and bioscience; manufacturing;
technology and innovation
Goodyear
Advanced business services; advanced manufacturing; medical manufacturing; aerospace, aviation and
defense; corporate and regional headquarters; entrepreneurial/start-ups; technology; healthcare and
biomedical (treatment, medical diagnostics, research & development); and higher education
Maricopa (City)
Advanced industrial manufacturing: semiconductors, automotive, EV manufacturing, high tech, and
supply chain; research and development; professional and business services; healthcare services; small
business and entrepreneurship; higher education and education technology; agribusiness/agrisciences; and
visitor/hospitality commerce.
Mesa
Standard and advanced manufacturing including medical device; research & development; automotive
technology and aerospace/aviation/defense; advanced business services; cybersecurity; information
technology; healthcare/life sciences; mission critical operations; tourism; regional and corporate centers;
and climate tech
Peoria
Advanced business and financial services; aerospace/airport; advanced manufacturing; bioscience and
healthcare; technology and innovation; innovation; and research and development
Pinal County
Advanced Manufacturing; Aerospace, Aviation and Defense; Electric Vehicle Technology &
Manufacturing; Healthcare; Bio/Life Sciences; Transportation, Distribution & Logistics; Natural and
Renewable Resources (Mining, Agriculture, Solar); and Tourism/Hospitality
Phoenix
Biosciences and healthcare; advanced manufacturing; aerospace and defense including advanced air
mobility; electric and autonomous vehicles; advanced business services; emerging technologies, FDI and
trade; circular economy; and entrepreneurship and innovation
Queen Creek
Advanced Manufacturing; agritainment/destination tourism; healthcare; I.T./software; and business
services
Scottsdale
IT services and software; financial and insurance services and technology; healthcare services and
innovation; logistics Management; tourism; and corporate headquarters
Surprise
Advanced business services; advanced manufacturing and rail-served industry; corporate/regional
headquarters innovation/entrepreneurship/emerging technology; medical, healthcare and life science
technologies, services; signature retail; specialty services for global companies/FDI; tourism and
hospitality
Tempe
Advanced business services (fintech); IT/software; next generation electronics, semiconductors and their
Page 3 of 3
supply chains; aerospace and defense; biosciences; corporate/regional headquarters; advanced
manufacturing; software as a service; sustainable technologies; signature retail & restaurants; hospitality
& tourism
Tolleson
E-Commerce/fulfillment centers; resort/tourist-oriented development; expanded retail opportunities; small
manufacturers with some related retail and offices
Wickenburg
Resort/tourist-oriented development; healthcare with an emphasis on behavioral health; transportation &
distribution; expanded retail opportunities; senior industries, equestrian and rodeo industries
Youngtown
Youngtown is in the throes of developing a commerce park. The park will target second-stage small
manufacturers with some related retail and offices.
Page 1 of 1
EXHIBIT D
FY 2026
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal % of
Targeted Opportunities Goal YTD YTD Goal YTD
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
GPEC continues to target high-wage industries (Advanced Business Services; Aerospace & Defense; Battery &
Energy Storage; Emerging Technologies; Healthcare and Biomedical; Manufacturing & Logistics; Mission Critical
Operations; Semiconductor Ecosystem; and Software)
PAYROLL GENERATED (MILLIONS)
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
AVERAGE HIGH WAGE SALARY
QUALIFIED PROSPECTS
QUALIFIED INTERNATIONAL PROSPECTS
GPEC ASSISTS
COMMUNITY RETURN ON INVESTMENT
STAKEHOLDER SATISFACTION WITH
BUSINESS ATTRACTION
STAKEHOLDER SATISFACTION WITH
COMPETITIVE POSITION
Page 1 of 3
EXHIBIT E
INSURANCE REQUIREMENTS
way limit the indemnity covenants contained in this Agreement. The City in no way warrants
that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that
might arise out of this Agreement for GPEC, its agents, representatives, employees or
Contractors and GPEC is free to purchase such additional insurance as may be determined
necessary.
A.
Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as
broad as the categories set forth below with limits of liability in amounts acceptable to
the City.
1.
Commercial General Liability - Occurrence Form
(Form CG 0001, ed. 10/13 or any replacements thereof)
General Aggregate/ per Project
Products-Completed Operations Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Directors and Officers
Medical Expense (Any one person)
Optional
2.
Automobile Liability - Any Auto or Owned, Hired and Non-Owned Vehicles
(Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit
Per Accident for Bodily Injury and Property Damage
3.
Workers' Compensation and Employers' Liability
Workers' Compensation
Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and approved
by the City. If not approved, the City may request that the insurer reduce or eliminate such
self-insured retentions with respect to City, its officers, officials, agents, employees and
volunteers.
Page 2 of 3
C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the
following provisions:
1.
Commercial General Liability
a.
The City, its officers, officials, agents, employees and volunteers are to be
named as additional insureds with respect to liability arising out of: activities
performed by or on behalf of GPEC, including the City's general supervision of
GPEC; products and completed operations of GPEC; and automobiles owned,
leased, hired or borrowed by GPEC.
b.
GPEC's insurance shall include broad form contractual liability coverage.
c.
The City, its officers, officials, agents, employees and volunteers shall be
additional insureds to the full limits of liability purchased by GPEC, even if those
limits of liability are in excess of those required by this Agreement.
d.
GPEC's insurance coverage shall be primary insurance with respect to City,
its officers, officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by City, its officers, officials, employees or volunteers shall
be in excess of GPEC's insurance and shall not contribute to it.
e.
GPEC's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
f.
Coverage provided by GPEC shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
g.
The policies shall contain a waiver of subrogation against City, its officers,
officials, agents, employees and volunteers for losses arising from work performed
by GPEC for the City.
2.
Workers' Compensation and Employers' Liability Coverage. The insurer shall
agree to waive all rights of subrogation against City, its officers, officials, agents,
employees and volunteers for any and all losses arising from work performed by
the Contractor for the City.
D.
Notice of Cancellation. Each insurance policy required by the insurance provisions of
this Agreement shall provide the required coverage and shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) calendar
days prior written notice has been sent to City at the address provided herein for the giving
of notice. Such notice shall be by certified mail, return receipt requested.
Page 3 of 3
E.
Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
approved unlicensed companies in the State of Arizona and with a "Best's" rating of not
less than A-:VII. City in no way warrants that the above required minimum insurer rating
is sufficient to protect GPEC from potential insurer insolvency.
F.
Verification of Coverage. GPEC shall furnish City with Certificates of Insurance
(ACORD form or equivalent approved by City) and with original endorsements effecting
coverage as required by this Agreement. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted
on the Certificate of Insurance.
All certificates and endorsements are to be received and approved by City before work
commences. Each insurance policy required by this Agreement must be in effect at or prior
to commencement of work under this Agreement and remain in effect for the duration of
the project.
All certificates of insurance required by this Agreement shall be sent directly to City at the
address and in the manner provided in this Agreement for the giving of notice. City's
Agreement/Agreement number, GPEC's name and description of the Agreement shall be
provided on the Certificates of Insurance. City reserves the right to require complete
certified copies of all insurance policies required by this Agreement, at any time.
G.
Approval. During the term of this Agreement, no modification may be made to any of
GPEC's insurance policies which will reduce the nature, scope or limits of coverage which
were in effect and approved by the City prior to execution of this Agreement.
Page 1 of 2
Regional Cooperation Protocol Policy
Greater Phoenix Economic Council and Economic Development Directors Team
The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved.
GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is
important that they work together as partners on projects involving the communities which GPEC represents,
regardless of the source of the lead, as follows:
1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC
member communities, as a globally competitive region.
2. Maintain the highest standards of economic development prospect handling, including confidentiality,
y but also agree to notify each other as to the existence of
a project with a confidentiality requirement when able and shall make a good-faith effort to involve the
appropriate state, regional or local partners at the earliest possible time.
3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in
Maricopa County or in any of the communities that GPEC represents, understanding that GPEC is in a
unique position to represent and speak on regional economic development issues and on characteristics
s that communities are in the best position to
speak about local incentives and efforts surrounding the local economy.
4. For projects that originate with a GPEC member community, GPEC will be available for confidential
research access, topical expertise or as a service provider, to add value to the community in securing the
project. Additionally, GPEC will not e-track the project unless the community lead makes such a
request to do so.
5. Provide accurate and timely information in response to specific requests by all prospects. When a client
has narrowed sites to specific GPEC member communities, GPEC will make a good faith effort to
inform those affected EDDT members first. EDDT members agree to provide information solely on
their own community when the information requested is site-specific (i.e., cost of land, taxes,
development fees, utility availability and cost, zoning process timing, permit timing and local
incentives). When site-specific information related to other GPEC communities is requested, EDDT
members agree to (i) direct GPEC prospects back to GPEC or (ii) direct non-GPEC generated prospects
to contact the affected communities directly, and as a courtesy, contact the affected communities.
6. Agree that regardless of the lead source, public locate announcements shall be coordinated among the
company, GPEC member community, and GPEC to reflect inclusiveness and cooperation of all partners
(subject to any confidentiality requirements).
7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development
agency, and champion sound statewide economic development programs and policies.
8. Discourage the proactive offering of local, municipal financial incentives for existing jobs to companies
with current operations in another GPEC community.
9. Inform GPEC member community when a company visits or physical site visit within that community
will occur. Economic Development Directors will be the primary point of contact for the company when
community information is needed.
10. In the event that a project working with GPEC or any member community is discovered to have an
Page 2 of 2
existing presence within the region, the member community will notify the economic development
director of the project s current home community, notwithstanding prohibition due to a non-disclosure
agreement.
11.
EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the
12. Formalize a process to convene GPEC and Economic Development Directors of GPEC member
communities biannually, and cooperate in the exchange of information and ideas reflecting practices,
procedures and policies relating to prospect handling and regional economic development.
13. Work collectively to maintain a high level of trust and integrity by and between GPEC and the
Economic Development Directors of GPEC member communities, utilizing differing views as an
opportunity to learn.
14. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to
ensure coordination and communication.
15. When a Prospect Information Form (PIF) is issued by the state economic development agency GPEC
will coordinate the region
GPEC will assemble the response and return to the state economic development agency.
16. It is understood GPEC will or may host annual executour(s) and/or other marketing familiarization
tour(s) to promote the regional communities. GPEC will make every attempt to provide as much
interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC
of any upcoming executour(s) and/or other marketing familiarization tours scheduled by their office.
17. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been
observed in a material respect or a professional conflict arises that cannot be settled. This mediation
process will be convened by the EDDT Chair, who may, at his/her discretion, consult or involve