CONTRACT FY 2017 E VALLEY PARTNERSHIP.PDF

ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
No.:
Effective Date: July 1, 2016 Amount: $17,500
Termination Date: June 30, 2017
This Contract is entered into by and between East Valley Partnership hereinafter referred to as
obligations "CONTRACTOR", and Maricopa County, Arizona hereinafter referred to as "COUNTY. All rights and
of the parties shall be governed by the terms of the Contract as set forth herein and attached
hereto. COUNTY or CONTRACTOR may be referred to as the Tarty" or collectively referred to as the
"Parties" within this Contract.
This Contract contains all the terms and conditions agreed to by the Parties. No other understanding,
oral or otherwise, regarding the subject matter of the Contract shall be deemed to exist or to bind any of
the Parties hereto. Nothing in this Contract shall be construed as consent to any suit or waiver of any
defense in a suit brought against the State of Arizona, Maricopa County, or CONTRACTOR in any State
or Federal Court.
Contractor: East Valley Partnership Phone: (480) 834-8335
Address: 535 West Baseline Road, Suite 107, Mesa AZ 85210
County Contract Administrator: Office of Management and Budget Phone: (602) 506-2274
Address: 301 West Jefferson, Phoenix, AZ 85003
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
IN WITNESS WHEREOF, the Parties enter into this Contract:
CONTRACTOR:
Signature 'st Valley ership)
John Lewis President
Typed Name/Title
)t.& 2$ ) WILp
Date
MARICOPA COUNTY:
BY:
Denny Barney, District 1
Maricopa County Board of Supervisors
BY:
Steve Chucri, District 2
Maricopa County Board of Supervisors
Fran McCarroll
Clerk of the Board of Supervisors
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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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
SCOPE OF WORK
The East Valley Partnership is a regional coalition of community, business, educational, and government
leaders whose goal is to provide leadership and support in specific areas of focus, thereby improving
business and quality of life in the region. The East Valley Partnership covers the area east of the city of
Phoenix in Maricopa County, of which 69% is unincorporated.
The CONTRACTOR will provide COUNTY with programming support based on the following key focus
areas: aviation & aerospace, education, economic development, transportation. East Valley Partnership is
also focused on a project initiative to market the East Valley of Maricopa County as "PHX East Valley" to
a national audience, to generate positive exposure and name recognition, and to complement and
enhance ongoing retention and relocation efforts made by municipal and regional economic development
agencies.
COUNTY is funding $12,500 for ongoing work and operations, as well as a one-time $5,000 amount for
the national marketing initiative, for a total of $17,500.
TERMS
This Contract shall be effective through June 30, 2017.
The two members of the COUNTY Board of Supervisors executing this contract shall have two ex-officio
director spots on the CONTRACTOR's Board of Directors. The ex-officio directors and one staff each are
welcome to attend all Board of Director Meetings.
CONTRACTOR will meet biannually with the Supervisors from District 1 and District 2 to present
accomplishments under the contract.
Contract and funding will be reviewed on an annual basis for possible future funding.
CONTRACTOR will engage in the following activities:
PRIMARY EFFORTS
• Support economic development programs and services benefiting the unincorporated areas of the
East Valley.
• Serve as an economic development convener and facilitator for the East Valley of Maricopa County in
the areas of aviation & aerospace, education, economic development, transportation, and additional
issues of interest to the County that may arise.
• Develop and further awareness of public education issues that affect the East Valley and beyond via
restructuring and managing the Education Think Tank (formerly East Valley Think Tank). Work will be
conducted via a tiered committee structure to address the varying needs of the P20 public education
community and also involve the business community. These committees will also be part of the larger
state-wide group that will be charged with working on the Arizona Board of Regents college degree
attainment initiative, currently known as "Achieve 60" and due to be fully unveiled in Fall 2016.
• Develop, research, print and circulate annual economic profile, providing regional statistics at-a-
glance. The 2017 Profile will be debuted at the 2016 Economic Forum in early December, and this
year will be a "reversible profile" with infographics/text/statistics on one side and a map of regional
assets on the reverse side. Profile is distributed to EVP members and beyond; and used throughout
the region for business retention, attraction, and relocation efforts.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
• Host the SRP Growing Livable Communities Forum (September 2016), focusing on entrepreneurship
and featuring a panel of East Valley entrepreneurs, with keynote remarks by Clate Mask of
Infusionsoft.
• Host the Annual East Valley Economic Forum (December 2016), program details TBA.
• Conduct ten regularly scheduled Board of Director Meetings
SECONDARY/CONTINUING EFFORTS
• Collaborate with the local and regional economic development boards, including the Greater Phoenix
Economic Council (GPEC); state, regional, and local chambers; Arizona Commerce Authority; and
other economic development interests to align regional economic development strategies and assist
in growth of high-wage industries and employment.
• Actively support foundational improvements in areas that highly impact the region (such as
transportation, education and taxation) and encourage elected officials to adopt business-friendly
policies including but not limited to support of the Gateway Airport area and continued facilitation of
Superstition Vistas Area Visioning.
• Continued leadership and oversight for the PHX East Valley national marketing brand initiative and
conduct regularly scheduled Marketing Committee meetings to further this effort.
• Communicate and collaborate with municipal and regional elected officials on key issues affecting the
East Valley.
• Promote and further connections between economic development, workforce development, and
training/education efforts to maximize regional impact.
REPORTING REQUIREMENTS
CONTRACTOR will provide COUNTY with biannual performance reports due by December 31, 2016 and
June 30, 2017. Reports are to be submitted to the Contract Administrator AND District 1 and District 2
Supervisors. Performance reports are to describe detailed steps undertaken to complete the contract's
Primary and Secondary/Continuing Efforts.
In addition, CONTRACTOR shall provide a copy of its annual external audit (conducted by an accredited
independent auditor) for the year ending December 31, 2016 to the COUNTY Contract Administrator no
later than April 30, 2017.
All amendments to this Contract, other than those specified under the Strict Compliance paragraph of
this contract, shall be in writing and signed by both parties.
COMPENSATION
This is a Firm Fixed Price Contract. COUNTY shall pay the contractor a total of $17,500 for services
provided, as defined in this contract. Work shall be contracted for the duration of the COUNTY Fiscal
Year, July 1, 2016 through June 30, 2017. A single payment will be authorized upon execution of the
contract.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
GENERAL REQUIREMENTS
The terms of this Contract shall be construed in accordance with Arizona law; any action thereon shall be
brought in the appropriate court in the State of Arizona.
The CONTRACTOR shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this Contract, and shall comply with all
laws regarding unemployment insurance, disability insurance and worker's compensation.
The CONTRACTOR is an independent contractor in the performance of work and the provision of
services under this Contract and is not to be considered an officer, employee or agent of the COUNTY.
The CONTRACTOR understands and acknowledges that as a condition precedent to receiving these
funds, the CONTRACTOR must possess an exemption status from the Internal Revenue Service and
must be registered and in good standing with the Arizona Corporation Commission.
CONTRACTOR shall not make any payments, either directly or indirectly, to any person, partnership,
corporation, trust or other organization which has a substantial interest in CONTRACTORS 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 will be admitted to any share or part of this Contract, or to any benefit that may
arise there from; but this provision shall not be construed to extend to this Contract if made with a
corporation for its general benefit.
None of the funds, materials, property or services contributed by COUNTY or the CONTRACTOR under
this Contract shall be used in the performance of this Contract for any partisan political activity, or to
further the election or defeat of any candidate for public office, ballot proposition or referendum.
Default
The Contract Administrator may recommend to the Board of Supervisors to suspend, terminate or modify
this Contract immediately upon written notice to the CONTRACTOR in the event of non-performance of
stated objectives or other material breach of contractual obligations; or upon the occurrence of any event
which would jeopardize the ability of the CONTRACTOR to perform any of its contractual obligations.
Upon termination as set forth below, the COUNTY reserves the right to have service provided by other
than the CONTRACTOR if the CONTRACTOR is unable or fails to provide required service with the
specified time frame.
Availability of Funds
In any action is taken by any state agency, federal department or any other agency or entity to suspend,
decrease or terminate its fiscal obligations under, or in connection with this Contract, the Board of
Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this
Contract. In the event of termination, Maricopa County shall be liable to pay 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.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
Termination
This Contract is subject to cancellation in accordance with the provisions of A.R.S. §38-511. Either Party
may terminate this Contract at any time, with sixty (60) days' notice in writing to the other Party (unless
terminated by the Board of Supervisors under Availability of Funds provision). Such notice shall be given
by personal delivery or by Registered or Certified mail. This Contract may be terminated by mutual
written agreement of the Parties specifying the termination date therein.
Severability
Any provision of this Contract which is determined to be invalid, void or illegal shall in no way affect,
impair or invalidate any other provision hereof, and remaining provisions shall remain in full force and
effect.
Strict Compliance
Acceptance by the Contract Administrator on behalf of the COUNTY of 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. No right, liability, obligation or duty under this Contract will be assigned,
or delegated in whole or in part, without the prior written approval of the Contract Administrator.
CONTRACTOR shall bear all liability under this Contract, even if it is assigned, or delegated, in whole or
in part, unless the COUNTY agrees otherwise. All Amendments to this Contract, other than those
specified below, shall be in writing and signed by both Parties.
The COUNTY may, at any time, by written order, and sixty (60) days prior written notice to
CONTRACTOR, solely make changes within the general scope of this Contract in any one or more of the
following areas:
• 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 jointly amend this Contract.
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 attorney's
fees, all or any part thereof arising out of or in connection with or by reason of, any act or omission of the
CONTRACTOR or any Subcontractor or anyone directly or indirectly employed by either the
CONTRACTOR or the Subcontractor or their agents. CONTRACTOR shall reimburse the COUNTY for its
costs and for time spent by its attorneys based upon actual reasonable attorneys' fees prevailing in the
community, for defense of any litigation. CONTRACTOR shall include a clause to this effect in all
subcontracts inuring to the benefit of the above named entities.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
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 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.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
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;
3. That the COUNTY retains the legal right to inspect the papers of any contractor or subcontractor
employee who works on the Contract to ensure that the CONTRACTOR or subcontractor is
complying with the warranty provided under subsection 1 above and that the CONTRACTOR
agrees to make all papers and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection; and
4. That nothing herein shall make any contractor or subcontractor an agent or employee of the
COUNTY.
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ONE-TIME CONTRACT
BETWEEN MARICOPA COUNTY &
EAST VALLEY PARTNERSHIP
END OF CONTRACT
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