FINAL 2 - CONTRACT FY 2017 GREATER PHOENIX CHAMBER OF COMMERCE VENDOR SIGNED.PDF
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GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE phoenix Forward No.: 0-49-17-005-3-00 Amount: $146,805 Effective date: July 1, 2016 Expiration Date: June 30, 2017 This Contract is entered into by and between the Greater Phoenix Chamber of Commerce, 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 of Commerce Phone: (602) 495-2195 Address: 201 North Central Avenue, Suite 2700, Phoenix, Arizona 85004 Maricopa County: Office of Management and Budget Phone: (602) 506-7011 Address: 301 West Jefferson, Phoenix, Arizona 85003 Page 1 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE phoenix Forward IN WITNESS WHEREOF, the Parties enter into this Contract: CONTRACTOR: MARICOPA COUNTY: BY: Phoenix tralamber of Commerce) Clint Hickman, Chairman Maricopa County Board of Supervisors 6r Mello( Jennifer Mellor, Vice President of Economic Development Clerk of the Board of Supervisors Date 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. Deputy County Attorney Date Page 2 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Phoenix Forward This Contract entered into by and between Greater Phoenix Chamber of Commerce, hereinafter referred to as 'CONTRACTOR', and the COUNTY OF MARICOPA, ARIZONA hereinafter referred to as 'COUNTY", and administered by the Maricopa County Office of Management & Budget, hereinafter referred to as "Contract Administrator", on this the first day of July 2016, 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 PHOENIX FORWARD INITIATIVE to support and assist existing businesses and industries in Maricopa County, Arizona. Strategic support and assistance will be provided to four identified industry sectors that are poised to grow and create jobs in Maricopa County both during the COUNTY'S 2016- 2017 fiscal year and upcoming near-term years. Support and assistance will be achieved through strategic outreach and engagement of individual companies and key industry stakeholders to uncover needs of individual companies and whole industry sectors within Maricopa County. 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. Further, CONTRACTOR will lead efforts on behalf of industry sectors to promote the retention and expansion of existing businesses within these four targeted industry sectors: bioscience; health care; advanced business and financial services; and transportation & logistics. COUNTY is funding $146,805 for this purpose. CONTRACTOR will engage in the following activities: (1) business outreach for retention and expansion, (2) industry intelligence, (3) host quarterly industry leadership council meetings, (4) host Phoenix Forward oversight committee meetings, (5) regional image building, (6) policy and advocacy, (7) execute a coordinated marketing and communications strategy and (8) training and collaboration. I2LM This Contract shall be effective through June 30, 2017. Specific activities and tasks currently planned for the Fiscal Year 2016-2017 are as follows: Activity #1 Business Outreach for Retention & Expansion The CONTRACTOR will conduct business outreach for retention and expansion (BRE) with the goals of gathering industry intelligence, building relationships, and connecting businesses with programs and services to facilitate expansions. 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. As the CONTRACTOR enters the third year of this agreement, there will be an additional focus on relationship building and follow-up dialogue with previously visited companies. CONTRACTOR will work with County to identify businesses associated with the four 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 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 Page 3 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Phoenix FuNard national economic statistics and evaluate regional competitiveness. Activity #3 Host Regular Industry Leadership Council and Sub-committee Meetings to Advance Strategic Action Plans CONTRACTOR will continue to convene Industry Leadership Council meetings and related sub committee meetings to further advance the strategic objectives outlined in the charter documents. The Industry Leadership Councils and subcommittees will implement tactics to meet objectives and related timelines. Some of the Industry Leadership Councils may sunset over the course of the year as the councils complete the scope of work. Staff and council leadership will assess the ongoing need for each council and may merge, sunset and/or add new councils during the course of the year. Activity #4 Host Phoenix Forward Investment Oversight Committee Meetings CONTRACTOR will host quarterly Oversight Committee meetings with investors and strategic partners of the Phoenix Forward initiative to ensure accountability for the Phoenix Forward strategic plan and provide financial oversight of the funds raised through the Phoenix Forward capital campaign. The Chairman of the Board of Supervisors will appoint the Supervisor to serve on the Investment Oversight Committee. Activity #5 Regional Image Building The CONTRACTOR will develop a media strategy focused on promoting the region as the economic hub of the southwestern United States. Activities will include building deeper relations with regional and national media outlets; promoting industry sectors by mining base industry businesses for unique stories for publication; promoting Industry Leadership Council initiatives and successes and highlighting regional successes, trends, business innovations and upcoming expansions. Activity #6 Policy and Advocacy As priorities are established by the Industry Councils, the CONTRACTOR will advocate on behalf of the Industry Councils to promote key policy and regulatory enhancements that will incent industry growth in Arizona. Activity #7 Execute a coordinated marketing and communications strategy to promote Phoenix Forward The CONTRACTOR will develop and execute a marketing and communications strategy to highlight the activities of the Phoenix Forward initiative. This strategy will include, but is not limited to: (1) maintain the Phoenix Forward website (www.phxforward.corrI), (2) develop a quarterly newsletter and (3) distribute a quarterly report with aggregated information from the City of Phoenix, Maricopa County and the Arizona Commerce Authority. Activity #8 Training and Collaboration The CONTRACTOR will continue to work with local business associations (such as Chambers of Commerce), including those associated with cities, towns and regions, in Maricopa County to expand the Phoenix Forward Page 4 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MAR1COPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE phoenix Forward model in other communities throughout Maricopa County, if the community desires, and continue to collaborate on other training and business association activities. REPORTING REQUIREMENTS CONTRACTOR will meet with the County's Economic Development Council and/or the Board of Supervisors two (2) times each fiscal year. Such meetings will be scheduled and facilitated by the COUNTY. Annual Report should include a year-over-year comparison to prior year results for all measures. CONTRACTOR will provide COUNTY and Contract Administrator with 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, 2017 to the Contract Administrator and the COUNTY no later than November 30, 2017. The audit shall include a schedule of revenue and expenditures associated with the Phoenix Forward 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 $146,805 for services provided, as defined in this Contract. Work shall be contracted for the duration of the COUNTY'S Fiscal Year, July 1, 2016 through June 30, 2017. Payments will be authorized after the Contract Administrator (1) receives invoices and written quarterly reports on status of achieving performance goals, and, (2) reviews results for compliance with contract terms. Payment amounts will be as follows: 1 st Quarter —$36,701 (25%); 2 rd Quarter — $36,701 (25%); 3 rd Quarter — $36,701 (25%); 4t1 Quarter $36,702 (25%). BENCHMARKS/REPORTING/COMPENSATION SCHEDULE PERFORMANCE GOALS 1 st Quarter 2" Quarter ri Quarter 4th Quarter Annual 7/16 —9116 10/16 — 12/16 1/17 — 3/17 4/17 — 6/17 (Fiscal 2017) 50 50 50 50 200 Business Retention & Expansion Outreach Visits Connections to Business Strengthening Resources 45 45 45 45 180 Relationship Building (Follow- up contact with previously 190 190 190 190 760 visited companies) Industry Leadership Council 8 8 8 and Sub-Committee Meetings 8 32 Page 5 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Regional Image Building — 4 4 4 4 16 Media Stories QUARTERLY 10130/16 01/31/17 04/30/17 06/30/17 - REPORT INVOICE DUE DATE - - - - 11/30/17 ANNUAL REPORT (fiscal year) ANNUAL AUDITED - - - - 11(30/17 PAYMENT AMOUNT $36,701 $36,701 $36,701 $36,702 $146,805 REPORTING METRICS In addition to the metrics identified above, the CONTRACTOR will include the following aggregated metrics in the quarterly report submission: 1. Number of Business Expansions 2. Job Growth (by industry sector) 3. Average Salaries (by industry sector) 4. Visits by District 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. Page 6 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Phoenix Forward 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 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. Page 7 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Phoenix Forward • 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 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 ail material, which can be copyrighted resulting from the Contract. Page 8 of 10 GRANT AWARD CONTRACT ECONOMIC DEVELOPMENT MARICOPA COUNTY GREATER PHOENIX CHAMBER OF COMMERCE Phoenix Forward 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, 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; 1 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 Page 9 of 10