CONTRACT - GREATER PHOENIX CHAMBER FY20 CONTRACT.PDF

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
gc_anomic Development Proararn
No.: C-49-20-012-M-00 Amount: $73,403
Effective date: July 1, 2019 Expiration Date: December 31, 2019
This Contract is entered into by and between the Greater Phoenix Chamber, hereinafter referred to as
"CONTRACTOR", and Maricopa County, Arizona hereinafter referred to as "COUNTY". The CONTRACTOR, for
and in consideration of the covenants and conditions set forth herein, shall use the Grant Award for the purpose(s)
awarded set forth below. 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.
Notice under this Contract shall be given by personal delivery or by mail to the addresses set forth below and shall
be effective upon receipt by the party to whom addressed unless otherwise indicated in said notice.
Contractor: Greater Phoenix Chamber Phone: (602) 495-2195
Address: 201 North Central Avenue, Suite 2700, Phoenix, Arizona 85004
Maricopa County: Budget Office Phone: (602) 506-7104
Address: 301 West Jefferson, Phoenix, Arizona 85003
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
economic Development Proaram
IN WITNESS WHEREOF, the Parties enter into this Contract:
MARICOPA COUNTY:
BY: BY:
Signature (Greaterhoenix Chamber) Bill Gates, Chairman
Maricopa County Board of Supervisors
Otki\cieer‘3 1- S CEO
Todd Sanders — President/CEO Clerk of the Board of Supervisors
0 vc\
Date Date
This Contract has been reviewed pursuant to ARS §§ 11-201 and 11-254 et seq. 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.
Deputy County Attorney
Date
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
Economic Development Program
This Contract entered into by and between Greater Phoenix Chamber, hereinafter referred to as "CONTRACTOR",
and the COUNTY OF MARICOPA, ARIZONA hereinafter referred to as "COUNTY", and administered by the
Maricopa County Budget Office, hereinafter referred to as "Contract Administrator", on this the first day of July 2019,
is to provide economic development services through business retention strategies to the COUNTY as detailed in
the Scope of Work. It has been determined by the Parties that this contract is being executed for economic
development and public purposes; is for the benefit of the public; and will assist in the creation or retention of jobs
and otherwise improve or enhance the economic welfare of the inhabitants of Maricopa County.
SCOPE OF WORK
The CONTRACTOR will operate the Greater Phoenix Chamber Economic Development Program, a business
retention and expansion effort to support and assist existing businesses and industries in Maricopa County, Arizona.
The program is comprehensive in nature and as needs are determined, the CONTRACTOR will connect
both companies and industry leaders with partners and resources that will enable them to succeed, expand and
create jobs in Maricopa County. The COUNTY is funding $73,403 for this purpose.
CONTRACTOR will engage in the following activities: (1) business outreach for retention and expansion, (2)
industry intelligence, (3) employer-led workforce collaboratives (4) regional awareness of economic
development efforts.
Term
This Contract shall be effective through December 31, 2019. Specific activities and tasks currently planned for the
period of July 1, 2019 - December 31, 2019 are as follows:
Activity #1
Business Outreach for Retention & Expansion
The CONTRACTOR will conduct 50 business outreach visits for retention and expansion (BRE) with the goals of
gathering industry intelligence, building relationships, and connecting businesses with programs and services to
facilitate expansions. CONTRACTOR will lead efforts to promote the retention and expansion of existing businesses
within four targeted industry sectors that are poised to grow and create jobs in Maricopa County: financial services;
health care; information technology (including cybersecurity) and manufacturing. Six of the BRE visits will be with
higher level executives. The goal is to have 75% of the visits come from the four targeted industry sectors with good
representation from micro, small, mid-sized and large businesses along with visits to key employers in the County.
The BRE visits will be conducted by BRE specialists and will be coordinated with the City of Phoenix, COUNTY and
the Arizona Commerce Authority, as appropriate, to target companies looking to grow and expand or companies
that are at risk of leaving or reducing their presence within the region or State. Further, CONTRACTOR will work
with County to identify businesses associated with the targeted industry sectors that are located within the
Supervisorial Districts to strive for geographic diversity of the BRE activities. Recognizing that distribution of
businesses and industry sectors are not uniform throughout the region, BRE outreach by COUNTY district will be
tabulated, analyzed and reported.
Activity #2
Industry Intelligence
The CONTRACTOR will maintain a shared database of information utilizing intelligence gathered through business
outreach visits, shared information from the COUNTY, the City of Phoenix, Arizona Commerce Authority, and other
data sources. This information will be analyzed to determine industry trends, compare against local and national
economic statistics and evaluate regional cornpetitiveness.
Further, CONTRACTOR will conduct 2 quarterly business surveys between July 1,2019 to December 31, 2019 to
supplement data collected from the BRE visits. This data will be analyzed and compared to national trends and
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
Economic Development Proaram
further utilized to drive policy and strategies to enhance the business climate. The CONTRACTOR will prepare and
submit an analysis report that includes a business assessment of current issues as well as the results of recent
interviews, an expanded discussion of what the results mean and how the responses relate to the broader economy.
Activity #3
Provide Businesses Access to a Stronger Talent Pool through Employer-Led Workforce Collaboratives
CONTRACTOR will host regular meetings of the workforce collaboratives in order to create a stronger talent pipeline.
Through this collaborative approach, companies will have the opportunity to build career awareness, align education
and training outcomes with job expectations and provide opportunities for individuals to apply what they are learning
in the classroom.
Activity #4
Regional Awareness of Economic Development Efforts
The CONTRACTOR will also send out a monthly newsletter to promote regional economic development projects,
trends, business innovations and upcoming expansions.
REPORTING REQUIREMENTS
CONTRACTOR will provide COUNTY and Contract Administrator with 2 quarterly reports, which will be submitted
to the Contract Administrator with each payment invoice. Reports will describe efforts undertaken to complete
the Scope of Work activities and progress toward numerical goals.
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.
In addition, CONTRACTOR shall provide a copy of its annual external audit (conducted by an accredited
independent auditor) for the fiscal year ending June 30, 2020 to the Contract Administrator and the COUNTY no
later than November 30, 2020. The audit shall include a schedule of revenue and expenditures associated with the
Greater Phoenix Chamber's Economic development program.
COMPENSATION
This is a Firm Fixed Price Contract for economic development services. Subject to the availability of funds,
COUNTY shall pay the CONTRACTOR a total of $73,403 for services provided, as defined in this Contract. Work
shall be contracted for the duration of July 1, 2019 through December 31, 2019. Payments will be authorized after
the Contract Administrator (1) receives invoices and written reports on status of achieving performance goals, and,
(2) reviews results for compliance with contract terms. Payment amounts will be as follows: July 1, 2019-
September 30, 2019 — $36,701; October 1, 2019 — December31, 2019— $36,702
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PEQ.ENIX CHAMBER
Economic Development Program
BENCHMARKS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS 7/19 — 9/19 10/19 — 12/19 Contract
Period
Business Retention & 25 25 50
Expansion
Outreach Visits 3 3 6
Higher Level Executive Visit
Business
Surveys/Results/Analysis 1 1 2
Report
Workforce Collaborative 1 1 2
Meetings
Regional Awareness —
Economy in Focus newsletter 3 3 6
QUARTERLY REPORT
INVOICE DUE DATE
11/22/2019 01/31/2020
ANNUAL AUDITED 11/30/2020
FINANCIAL STATEMENTS
PAYMENT AMOUNT
$36,701 $36,702 $73,403
REPORTING METRICS
In addition to the metrics identified above, the CONTRACTOR will include the following aggregated metrics in each
report submission:
1. Number of Business Expansions
2. Projected Job Growth (by industry sector)
3. Projected Average Salaries (by industry sector)
4. BRE Visits by District
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
Economic Develooment Proaram
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 workers' 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 or with which
CONTRACTOR (or one of its Directors, officers, owners, trust certificate holders or a relative 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, or a resident Commissioner 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
If 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 for those 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
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
economic Development Progranrt
terminate this Contract at any time, with sixty (60) days' notice in writing to the other Party (unless terminated because
of default or 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.
Waiver
Acceptance by the Contract Administrator on behalf of the COUNTY of performance not in strict compliance with
the terms hereof shall not be deemed to waive the requirement of strict compliance for all future performance
obligations.
Assignment
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.
Strict Compliance
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:
• Work Statement activities reflecting changes in COUNTY or Contract Administrator policies or
requirements.
• 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
amend this Contract jointly.
Indemnity
The 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 attorneys 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 it is 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
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
Economic Development Proaram
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
above stated liability, consequential, incidental, direct, and indirect damages, and shall be liable for all 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 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 race,
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,
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER
Economic Develooment Proaram
to the extent such provisions apply, comply with Title VI and VII 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 'I 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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