CONTRACT FY 2014 GPEC.PDF

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
No.: Amount: $573,675
Effective Date: July 1, 2013 Expiration Date: June 30, 2014
This Grant Award Contract (hereinafter referred to as "Contract") is entered into by and between Greater Phoenix
Economic Council (GPEC), an independent 501(c)(3) non-profit corporation, hereinafter referred to as GRANTEE"
or "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 contribution 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. 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.
Grantee/Contractor: Greater Phoenix Economic Council Phone: j602 256-7700
Address: Two North Central Avenue, Suite 2500, Phoenix, Arizona 85004-4469
Maricopa County: Office of Management and Budget Phone: (602) 506-2274
Address: 301 West Jefferson, Phoenix, Arizona 85003
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
IN WITNESS WHEREOF, the Parties enter into this Contract:
GRANTEE/CONTRACTOR: MAR1COPA COUNTY:
BY:
Andy Kunasek, Chairman
Maricopa County Board of Supervisors
Barry Broome, President and CEO
Typed Name/Title Clerk of the Board of Supervisors
Date Date
This Contract has been reviewed pursuant to ARS §§ 11-201, 11-254, and 11-254.04 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 ECONOMIC COUNCIL
This Contract entered into by and between Greater Phoenix Economic Council, and the COUNTY OF MARICOPA,
ARIZONA, and administered by the Maricopa County Office of Management and Budget, hereinafter referred to as
"Contract Administrator", on this the first day of July 2013, to provide economic development services through
marketing strategies to Maricopa 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 provide COUNTY with economic development support focused on marketing Maricopa
County to generate positive exposure and qualified business/industry prospects, as outlined in the during the
County's 2013-2014 fiscal year. COUNTY is funding up to 573,675 for this purpose.
CONTRACTOR will engage in the following activities: (1) regional marketing and promotion to improve the region's
(Maricopa County's) business image, (2) industry prospecting to diversify the economy through the attraction and
expansion of desirable business and industry in key economic clusters, (3) facilitate regional economic
development collaborations to build a strong business climate and develop an effective regional economic
development network of organizations with a common vision and mission, and (4) identify and refer appropriate
high-wage, base industry candidate projects to the County for consideration by the Maricopa County Economic
Development Committee. The Scope of Work is approved by the Board of Directors of GPEC. The ultimate
responsibility for establishing, modifying and managing the Scope of Work lies with the GPEC Board of Directors.
The GPEC Board of Directors includes representation from the Maricopa County Board of Supervisors.
Term
Specific activities and tasks currently planned for the Fiscal Year 2013-2014 are as follows. This Contract shall be
effective through June 30, 2014.
Activity #1
Regional Marketing and Promotion: Tasks included in this activity are intended to improve the business image of
Maricopa County and its unincorporated areas as follows:
• Design and implement editorial marketing and communications programs to deliver messages of business
opportunity and image enhancement. This effort should also leverage additional editorial marketing not directly
paid for by CONTRACTOR.
• Plan and execute media missions or tours to garner positive stories of Greater Phoenix and its business
climate.
• Execute electronic mailings per targeted business clusters and to select location consultants.
• Execute special events to attract business location decision-makers to Maricopa County.
• Carry out national sales trips to reach targeted companies.
• Develop electronic collateral materials to communicate the region's location advantages in the key targeted
industries of advanced business services, advanced manufacturing, aerospace/aviation, bioscience, high-
tech/software and sustainability.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
Activity #2
Industry Prospecting: The purpose of this activity is to find new industry prospects and assist local communities in
attracting new businesses to Maricopa County. COUNTY expects that industry prospecting will be a collaborative
effort between CONTRACTOR staff, the GPEC Economic Development Directors Team (EDDT), and local
governments including the COUNTY. In order to generate leads, and assist in the recruitment of new businesses
to Maricopa County, CONTRACTOR will accomplish the following tasks by the end of the contract term:
• Identify, develop and register new business prospects interested in establishing operations in Maricopa County.
CONTRACTOR will place all new industry prospects on a computerized database, and track the recruitment
effort over time, including that of unincorporated areas.
• Work with the EDDT to focus on recruiting targeted businesses to the region. A list of current targeted
business industries has already been prepared, and the list may be refined during the year.
Provide monthly prospect reporting to the EDDT and the GPEC Board of Directors. Six directors shall be
appointed by the COUNTY Board of Supervisors. More than one of the directors to be appointed by the
COUNTY Board of Supervisors may be elected officials, provided that at least two directors appointed by the
COUNTY Board of Supervisors are not elected officials. Briefing COUNTY Board of Supervisor's
representatives on GPEC will be on an as required basis.
• Contact site consultants through direct and electronic communications and executive tours.
Research and monitor emerging industries to target for business attraction.
• Maintain the GPEC web site to allow for direct CONTRACTOR partner query capability and full integration with
the prospect and regional economic development database.
• Identify and build relationships with the leading international site selection consultants, international trade
organizations influencing facility decisions, and with foreign-owned Arizona firms.
• Conduct periodic information sessions on economic development topics for GPEC staff and EDDT.
• Conduct investment forums on doing business in Greater Phoenix for China and new international markets.
• Develop effective connections to companies and multipliers within China, Western Europe and Western and
Eastern Canada.
Activity #3
Promote and strengthen regional economic development cooperation: In order to improve the region's
competitiveness and cooperative efforts, CONTRACTOR will accomplish the following tasks by the end of the
contract term:
• Coordinate the GPEC Action Plan with local decision-makers and economic development teams.
• Collaborate with the Arizona Commerce Authority and other state and regional economic development
organizations involved with the economic development of the Maricopa County region.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
• Engage GPEC stakeholders in regional economic development through the GPEC Ambassador Program and
participation in the Arizona Association for Economic Development (AAED) program for elected officials.
• Partner with GPEC communities to provide market intelligence on companies that will benefit retention efforts
at the local level.
• Implement a cohesive regional science and technology initiative.
* Conduct research and analysis to improve the regions ability to compete for investments and quality job
creation.
BUSINESS ATTRACTION PERFORMANCE METRICS:
Payroll Generated (millions) Average High Wage Salary
Number of Jobs Number of High-Wage Jobs
Emerging Technology Assists
Qualified Prospects International Prospects
Total Reach of Editorial Placement
KEY BUSINESS ATTRACTION ACTIVITIES:
Sales Missions /Trade Shows / Conferences
Location, Other Local Attendees, Target Audiences, Trade & Association Group Meetings
PROSPECT GENERATION:
Inquiries, Prospects, Month, YTD Total
HIGHLIGHTS OF OTHER GPEC ACTIVITIES:
REPORTING REQUIREMENTS
CONTRACTOR will provide COUNTY and Contract Administrator with an annual performance report prior to
September 30, 2014. Also required are quarterly performance reports, which are to be submitted to the Contract
Administrator with each payment invoice submitted by the CONTRACTOR. Quarterly reports and the annual report
shall include the Business Attraction and Performance metrics provided above and shall describe detailed efforts
undertaken to complete Scope of Work activities and progress toward numerical goals.
Goals may be amended once, with COUNTY approval, no later than November 15, 2013. 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, 2014 to the Contract Administrator and the COUNTY Office
of Management and Budget no later than November 30, 2014.
COMPENSATION
This is a Firm Fixed Price Grant Award Contract for economic development services. Subject to the availability of
funds, COUNTY shall pay the CONTRACTOR a total of $573,675 for services provided, as defined in this Contract.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
Work shall be contracted for the duration of the COUNTY'S Fiscal Year, July 1, 2013 through June 30, 2014.
Payments will be authorized after the Contract Administrator (1) receives invoices and written quarterly reports
containing the Business Attraction and Performance metrics and providing a status of achieving performance goals,
and, (2) reviews results for compliance with contract terms. Payment amounts will be as follows: V t Quarter —
$191,225 (33%); 2'd Quarter — $191,225 (33%); 3rd Quarter — $191,225 (33%); 4th Quarter —
PERFORMANCE GOALS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS .1st Quarter. 2nd Quarter. 3rd Quarter. 4th Quarter. Annual
Payroll Generated (Millions) 48.5 48.6 48.6 48.6 $194.3
Average High Wage Salary $50,792 $50,792 $50,792 $50,792 $50,792
Number of Jobs 1,149 1,149 1,149 1,150 4,597
Number of High-Wage Jobs 601 602 602 602 2,407
Emerging Technology Assists 2 2 2 2 8
Qualified Prospects 51 52 51 52 206
Qualified International Prospects 9 9 9 10 37
Reach of Editorial Placements 55,5 55.5 55,5 55.5 222
(millions)
PERFORMANCE QUARTERLY 10/15/13 01/15/14 04/15114 07115114
REPORT/INVOICE DUE DATE
ANNUAL PERFORMACE 9/30/14
REPORT
11/30/14
ANNUAL AUDITED
FINANCIAL STATEMENTS
PAYMENT AMOUNT $191,225 $191,225 $191,225 SO $573,675
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
COMPLIANCE
In the case of any performance goals that are not met, CONTRACTOR will meet with the EDDT to provide an
explanation of the relevant factors and circumstances, and discuss a plan and approach to be taken during the
upcoming quarter in order to achieve the performance goal(s). Failure to meet a performance target will not, by
itself, constitute an event of default hereunder unless CONTRACTOR (1) fails to inform the COUNTY of such event
or (2) fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the
Agreement.
GENERAL REQUIREMENTS
The terms of this Contract shall be construed in accordance with Arizona law; any action thereon shall be brought
in the appropriate court in the State of Arizona.
The CONTRACTOR shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do
business, render services and perform work under this Contract, and shall comply with all laws regarding
unemployment insurance, disability insurance and worker's compensation.
The CONTRACTOR is an independent contractor in the performance of work and the provision of services under
this Contract and is not to be considered an officer, employee or agent of the COUNTY.
The CONTRACTOR understands and acknowledges that as a condition precedent to receiving these funds, the
CONTRACTOR must possess an exemption status from the Internal Revenue Service and must be registered and
in good standing with the Arizona Corporation Commission.
CONTRACTOR shall not make any payments, either directly or indirectly, to any person, partnership, corporation,
trust or other organization which has a substantial interest in CONTRACTOR'S organization 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 prior, 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 Maricopa County, 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 under this Contract shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office.
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 or
default, the COUNTY reserves the right to have services set forth herein provided by another similarly situated
company other than the CONTRACTOR, if the CONTRACTOR is unable or fails to provide required service with
the specified time frame.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
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.
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 for any reason, 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.
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,
Strict Compliance
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.
The COUNTY may, at any time, by written order, and sixty (60) days prior written notice to CONTRACTOR, within
its sole discretion, 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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
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 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 attorney's 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 data collected and generated under this Contract is owned by Maricopa County. However, the Parties hereto
shall have the use of data and reports resulting from this Contract without cost or other restriction except as may be
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
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 Maricopa
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 this 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,
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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
IVIARICOPA COUNTY
GREATER PHOENIX ECONOMIC COUNCIL
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.
Contractor's Compliance with A.R.S. §35-391.06 AND 35-393-.06 (Business Relations with Sudan and Iran):
1. By entering into the Contract, the CONTRACTOR certifies it does not have scrutinized business operations
in Sudan or Iran. The CONTRACTOR shall obtain statements from its subcontractors certifying compliance
and shall furnish the statements to the COUNTY Procurement Officer upon request. These warranties
shall remain in effect throughout the term of the Contract.
2. The COUNTY may request verification of compliance for any contractor or subcontractor performing work
under the Contract. Should the County suspect or find that the CONTRACTOR or any of its subcontractors
are not in compliance, the COUNTY may pursue any and all remedies allowed by law, including but not
limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of
the CONTRACTOR. All costs necessary to verify compliance are the responsibility of the CONTRACTOR.
END OF CONTRACT
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