FY14 CONTRACT PHOENIX REGIONAL SPORTS COMMISSION.PDF

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
No.: Amount: $20,019
Effective Date: July 1, 2013 Termination Date: June 30, 2014
This Contract is entered into by and between the Phoenix Regional Sports Commission, 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: Phoenix Regional Sports Commission Phone: (602) 258-6272
Address: One Arizona Center, 400 East Van Buren* Ste. 710
Phoenix, Arizona 85004
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
PHOENIX REGIONAL SPORTS COMMISSION
IN WITNESS WHEREOF, the Parties enter into this Contract:
CONTRACTOR: MARICOPA COUNTY:
BY:
Andy Kunasek, Chairman
Maricopa County Board of Supervisors
Justin S. Balich, Interim Executive Director
Typed Name/Title Clerk of the Board of Supervisors
G 9()/
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
PHOENIX REGIONAL SPORTS COMMISSION
This Contract entered into by and between Phoenix Regional Sports Commission, 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 and Budget, hereinafter referred to as "Contract
Administrator", on this the first day of July 2013, is to provide economic development services through marketing
strategies to COUNTY as detailed in the Scope of Work.
SCOPE OF WORK
The CONTRACTOR will provide economic development support to the COUNTY through the attraction of sports
events and conferences to Maricopa County, Arizona during the COUNTY'S 2013-2014 fiscal year. COUNTY is
providing the CONTRACTOR funding up to $20,019 for this purpose.
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.
CONTRACTOR will engage in the following activities:
• CONTRACTOR will use best efforts to solicit and bid on sports related events and conventions that drive
significant tourism to Maricopa County. CONTRACTOR agrees to use COUNTY funding, under this
contract, to expand the number of bids for events held within the COUNTY, The CONTRACTOR will
pursue new sporting events to increase the economic impact upon the COUNTY. CONTRACTOR will work
closely with existing stakeholders in facilities and events/teams/leagues to maximize new revenue streams
for the COUNTY. CONTRACTOR shall use best efforts to secure/contract a minimum of four future events
between July 1,2013 and June 30, 2014. All events are to be held within the COUNTY.
• The CONTRACTOR will directly benefit Maricopa County by attracting event participants to the COUNTY
and by providing additional competition opportunities for youth sports in the COUNTY. The
CONTRACTOR will increase the number of reserved hotel room nights with each event that is secured.
The CONTRACTOR will aggressively pursue bids on, or the creation of additional amateur, youth and/or
professional sports events that will be new to the COUNTY. The CONTRACTOR will also pursue high
profile sports conferences and meetings. Finally, the CONTRACTOR will work with existing sports
leagues, teams and events to increase the economic impact of these various entities through the creation
of special events, promotions or umbrella sponsorships.
• CONTRACTOR will reference Maricopa County and its specific facilities on bid documents and other
promotional materials where appropriate. Specific Maricopa County facilities will be listed on the PRSC
web site through the duration of this contract. The COUNTY shall provide data for this purpose to
CONTRACTOR, as requested.
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. Quarterly reports and the annual report are to describe detailed efforts
undertaken to complete Scope of Work activities, outcome measures and progress toward numerical goals, with a
specific breakdown of information regarding goals, advertisement, contacts, etc. pertaining to efforts and events
exclusive to COUNTY owned facilities.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
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 December 31, 2013 to the Contract Administrator and the COUNTY
Office of Management and Budget no later than April 15, 2014.
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 $20,019 for services provided, as defined in this Contract. Work
shall be contracted for the duration of the COUNTY Fiscal Year, July 1, 2013 through June 30, 2014. 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. Scope of Work #1 payment amounts will be as follows: l st
Quarter — $6,673 (33%), 2" Quarter $6,673 (33%); 3 rd Quarter — $6,673 (33%); 4 th Quarter -
BENCHMARKS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS 1 st Quarter 2nd Quarter 1 3rd Quarter 4th Quarter Annual
Evidence of seeking opportunities for
events to be held at facilities in 8 8 8 8 32
Maricopa County
New events secured for Maricopa 2 2 2 2 8
County
Number of room nights reserved
relating to events in Maricopa County NA NA NA NA 15,000
PERFORMANCE QUARTERLY 10115113 01115114 04/15/14 07115114
REPORT/INVOICE DUE DATE
09/30/14
ANNUAL PERFORMACE REPORT
ANNUAL AUDITED FINANCIAL
STATEMENTS 04/15/14
PAYMENT AMOUNT $6,673 $6,673 $6,673 $-0- $20,019
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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
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,
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS 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 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 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.
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.
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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
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
attorney's 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 attorney fees which COUNTY spends to pursue legal action relating to such disallowance.
Court costs and attorney 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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
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,
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
MARICOPA COUNTY
PHOENIX REGIONAL SPORTS COMMISSION
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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