FY14 CONTRACT PHOENIX CHAMBER OF COMMERCE.PDF

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
No.: Amount: $146,805
Effective date: July 1, 2013 Expiration Date: June 30, 2014
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 — Bid Source Program Phone: (602) 495-2195
Address: 201 North Central Avenue, Suite 2700, 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
GREATER PHOENIX CHAMBER OF COMMERCE
IN WITNESS WHEREOF, the Parties enter into this Contract:
CONTRACTOR: MARICOPA COUNTY:
BY:
Andy Kunasek, Chairman
Maricopa County Board of Supervisors
Todd Sanders, President/CEO
Typed, ame/Title Clerk of the Board of Supervisors
,s
41 4 .4,4 JAL Le
Date Date
This Contract has been reviewed pursuant to ARS §§ 11-201 and 11-254 et seq. by the undersigned Deputy
County Attorney who has determined that it is proper in form and is within the power and authority granted under
the laws of the State of Arizona.
Deputy County Attorney
Date
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
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 Business Strategies and Health Care Programs Department, hereinafter
referred to as "Contract Administrator", on this the first day of July 2013, is to provide economic development
services through marketing strategies to the COUNTY as detailed in the Scope of Work.
SCOPE OF WORK
The CONTRACTOR will operate the BID SOURCE PROGRAM in order to assist existing businesses in Maricopa
County, Arizona to compete for and win government contracts in Maricopa County and throughout the United
States during the COUNTY'S 2013-2014 fiscal year. This is achieved by enrolling businesses into the program,
matching contract bid requests with local business competencies, and providing technical assistance that will help
local businesses to successfully compete for available contracts. COUNTY is funding up to $146,805 for this
purpose.
CONTRACTOR will engage in the following activities: (1) enrolling businesses in the Bid Source program; (2) Bid
Source workshops and seminars; and, (3) bid acquisition, matching and distribution.
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
Enroll Businesses in the BID SOURCE PROGRAM
CONTRACTOR will enroll 80 new members into the BID SOURCE PROGRAM. Provide actual number of new
members enrolled during the quarter and provide the COUNTY with the actual list of new enrollees by name and
geographic location of enrollment. The reporting should be consistent with the geographic sub-regions described
below.
• # of new enrollees located in the west valley communities of Avondale, Buckeye, El Mirage, Glendale,
Goodyear, Guadalupe, Litchfield Park, Peoria, Surprise, Tolleson, and Youngtown;
• # of new enrollees located in the City of Phoenix;
• # of new enrollees located in the Scottsdale area communities of Scottsdale, Carefree, Cave Creek,
Fountain Hills, and Paradise Valley;
• # of new enrollees located in the east valley communities of Chandler, Gilbert, Mesa, and Tempe; and
• # of new enrollees located in the outlying communities not included in the listings above.
• % of enrollees retained after one year (number of enrollees per quarter in the prior fiscal year who are still
retained in the program as of the end of the same quarter in the current fiscal year divided by the total
number of enrollees per quarter in the prior fiscal year).
Activity #2
Workshops and Seminars
The CONTRACTOR will provide 12 workshops and/or training sessions providing program outreach and promoting
the awareness of the BID SOURCE PROGRAM. BID SOURCE PROGRAM staff provides a wide range of
workshops and seminars relating to government procurement, economic development and government marketing.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
In addition, BID SOURCE PROGRAM staff will frequently attend or participate in a variety of educational programs
to increase their knowledge and better serve clients.
Activity #3
Bid Acquisition, Matching, and Distribution.
The CONTRACTOR will enroll 80 new members into the wvvw.bidsource.com database.
The CONTRACTOR will deliver/distribute 750,000 bid opportunities (overall). BID SOURCE PROGRAM members
receive bids nationwide based on the states they would like to receive bid information from.
The CONTRACTOR will match 150,000 local opportunities to members. BID SOURCE PROGRAM members are
given database profiles upon joining the program. Each new member meets extensively with a BID SOURCE
PROGRAM counselor to establish the company profile. The BID SOURCE Database will match the bids to each
BID SOURCE PROGRAM member based on its profile once the bids are input manually into the BID SOURCE
Database and classified. The BID SOURCE Database program will match bid requests with members' search
criteria and place matching opportunities into each member's personal bid package. An e-mail notification will be
sent to each member directing them to access their personal bid package via the internet.
Activity #4
Counseling and Technical Assistance.
The CONTRACTOR will provide 6,000 counseling and technical assistance sessions. Counseling and technical
assistance makes up a large percentage of BID SOURCE PROGRAM member support. This activity includes
profile development and maintenance, assistance and guidance in bid packet preparation, and marketing to the
government. The forms of counseling and technical assistance include, but are not limited to the following:
▪ Profile development, maintenance and enhancement for 475 BID SOURCE PROGRAM members;
• Federal, state and local government marketing assistance;
Proposal development which includes RFP analysis, proposal team assistance, aids in locating
potential subcontractors, pricing strategies, etc.;
• Military specifications;
• Contract administration and management;
`..i> Assist with documentation requirements, and linkage to small business organizations and groups.
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 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. The audit shall include a schedule of revenue and
expenditures associated with the Bid Source program.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
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, 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. Payment amounts will be as follows: 1 si Quarter — $48,935
(33%; 2 nd Quarter — $48,935 (33%); 3 rd Quarter — $48,935 (33%); 4 th Quarter — $0.
BENCHMARKS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS 1 st Quarter. 2nd Quarter. 3rd Quarter. e Quarter. Annual
Enroll new members into Bid
Source Program and Database 20 20 20 20 80
Enrollee retention 55% 55% 55% 55% 55%
Deliver or distribute Bid
Opportunities 187,500 187,500 187,500 187,500 750,000
Match Local Opportunities to 37,500 37,500 37,500 37,500 150,000
Members
Estimated number of jobs
supported as a result of Bid NA NA NA NA 2,000
Opportunities
Provide Trainings & Workshops 3 3 3 3 12
Provide Counseling & Technical
Assistance Sessions 1,500 1,500 1,500 1,500 6,000
PERFORMANCE QUARTERLY 10/15/13 01/15/14 04115/14 07/15/14
REPORT/INVOICE DUE DATE
ANNUAL PERFORMACE
REPORT 09130114
ANNUAL AUDITED
FINANCIAL STATEMENTS 11/30/14
PAYMENT AMOUNT $48,935 $48,935 $48,935 $0 $146,805
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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
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 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
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
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 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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
The CONTRACTOR shall, upon written notice thereof, reimburse COUNTY for any payments made under this
Contract, which are disallowed, by a Federal, State or Maricopa County audit in the amount of the disallowance, as
well as court costs and attorneys fees which COUNTY spends to pursue legal action relating to such disallowance.
Court costs and attorneys' fees incurred will be specifically identified as applicable to the recovery of the disallowed
costs in question.
If at any time it is determined by COUNTY that a cost for which payment has been made is a disallowed cost, the
Contract Administrator will notify the CONTRACTOR in writing of the disallowance and the required course of
action, which shall be at the option of the Contract Administrator, either to adjust any future claim submitted by the
CONTRACTOR by the amount of the disallowance or to require repayment of the disallowed amount by the
CONTRACTOR forthwith issuing a check payable to Maricopa County.
The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure
this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For
breach or violation of this warranty COUNTY shall have the right to annul this Contract without liability.
Ownership of Data
The Parties hereto shall have the use of data and reports resulting from this Contract without cost or other
restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party,
upon request, any available information that is relevant to this Contract and to the performance hereunder.
If the Contract results in a book or other written material, the author is free to copyright the work, but COUNTY
reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, or otherwise use and
to authorize others to use, all copyrighted material and all material, which can be copyrighted resulting from the
Contract.
Contract Compliance Monitoring
COUNTY will monitor the CONTRACTOR's compliance with, and performance under, the terms and conditions of
this Contract. On-site visits for Contract compliance monitoring may be made by the Contract Administrator and/or
appointed COUNTY employee at any time during the CONTRACTOR's normal business hours, announced or
unannounced. The CONTRACTOR shall make available for inspection and/or copying by the Contract
Administrator, all records and accounts relating to the work performed or the services provided under this Contract.
Non-Discrimination
The CONTRACTOR, in connection with any service or other activity under this Contract, shall not in any way,
discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political
affiliation or belief.
Equal Employment Opportunity
The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race,
age, disability, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to their race, age,
disability, color, religion, sex or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall,
to the extent such provisions apply, comply with Title VI and VII of the Federal Civil Rights Act; the Federal
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CHAMBER OF COMMERCE
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.
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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