FY14 CONTRACT WESTMARC.PDF

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
No.: Amount: $13,346
Effective Date: July 1,2013 Termination Date: June 30, 2014
This Contract is entered into by and between Western Maricopa Coalition, Inc. dba WESTMARC (WESTMARC),
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: Western Maricopa Coalition, Inc. dba WESTMARC Phone: (623) 435-0431
Address: 14100 N 83rd Avenue, Ste 150; Peoria, AZ 85381
Maricopa County: Office of Management and Budget 10 th Floor Phone: (602) 506-2274
Address: 301 West Jefferson, Phoenix, Arizona 85003
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
IN WITNESS WHEREOF, the Parties enter into this Contract:
CONTRACTOR: MARICOPA COUNTY:
BY: Oak, BY:
Signature WESTMARC Andy Kunasek, Chairman
Maricopa County Board of Supervisors
Michelle Rider, President/CEO
Typed Name/Title Clerk of the Board of Supervisors
Dat 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
WESTMARC
This Contract entered into by and between WESTMARC, 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", effective as of the
first day of July 2013, is to provide economic development services through marketing strategies to Maricopa
County as detailed in the Scope of Work.
SCOPE OF WORK
WESTMARC is the regional coalition of business, government, and education that promotes the West Valley and
advocates on its behalf. WESTMARC represents Western Maricopa County, which is comprised of 15 communities
and 35% of the population of Maricopa County. WESTMARC promotes policies leading to responsible growth, a
positive quality of life, a healthy environment, strong community development and a favorable public image for our
region.
The CONTRACTOR will provide COUNTY with economic development support focused on marketing the West
Valley of Maricopa County to generate positive exposure and qualified business/industry prospects during the
County's 2013-2014 Fiscal Year. COUNTY is funding up to $13,346 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:
• Primary:
o Serve as a promotional and economic development facilitator for Western Maricopa County
o Host an Annual Meeting and Economic Forecast Breakfast
o Host an annual economic development forum
o Host an annual luncheon with the Governor
o Host annual Best of the West Event
o Conduct six (6) regularly scheduled Economic Development Meetings
o Conduct six (6) regularly scheduled Board Meetings; two directors shall be appointed by the COUNTY
Board of Supervisors
o Conduct ten (10) regularly scheduled Executive Committee Meetings; one County Board of
Supervisors representative shall be appointed by WESTMARC's Nominating Committee
• Secondary/Continuing Efforts:
o To enhance and strengthen the employment base of Western Maricopa County by promoting the West
Valley and the benefits available within our state/region, to agencies and groups within the area as well
as groups looking to relocate to the area.
o Collaborate with the local and regional economic development boards, 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.
o 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 Luke Air Force Base and its mission.
o To provide current information to a broad base of people through the WESTMARC web site.
o Provide assistance to businesses referred to us by the Arizona Commerce Authority or another
resource.
o Assist with informing elected officials of key economic development issues in the West Valley.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
O Promote a connection between economic development workforce development, and training/education
efforts.
Serve as facilitator and marketing agency for the Greater Maricopa Foreign Trade Zone (GMFTZ):
• The GMFTZ (FTZ No. 277) was designated in January of 2011 to be used as an economic
development tool for the West Valley
• WESTMARC will be responsible for marketing the GMFTZ and will serve as the facilitator for
companies considering the area for relocations and / or expansions
• WESTMARC will also be the lead on efforts to educate its members and others in the community
on the role of the GMFTZ and its outcomes.
O WESTMARC will conduct ten (10) West Valley Road Shows to the real estate community and partner
organizations, designed to provide insight and information toward enhancing economic development in
the West Valley.
O WESTMARC will promote economic development opportunities in the West Valley with media
placement of ten (10) positive West Valley stories in Greater Phoenix / Arizona media.
O WESTMARC will revitalize its website to provide more of a promotional presence for economic
development in the West Valley.
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 to report on 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 year ending December 31, 2013 to the Contract Administrator and the COUNTY Office
of Management and Budget no later than April 30, 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 $13,346 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. Payment amounts will be as follows: 1 st Quarter — $4,448 (33%); 2 nd
Quarter — $4,448 (33%); 3 rd Quarter — $4,450 (33%); 4 th Quarter — $-0- (0%)
BENCHMARKS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS l st Quarter 2 nd Quarter 3 rd Quarter 4t h Quarter Annual
West Valley Road Shows to the 10
real estate community
Positive West Valley stories in 10
Greater Phoenix / Arizona media
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
Annual Meeting & Economic 0 0 1 0 1
Forecast
Annual Luncheon with Governor 0 0 1 0 1
Annual Economic Development 0 0 0 1 1
Forum
Annual Best of the West Awards 0 1 0 0 1
Economic Development 1 2 2 1 6
Meetings
Scheduled Board Meetings 1 2 2 1 6
Scheduled Executive Meetings 2 2 3 3 10
Performance Quarterly Report 1 1 1 1 4
PERFORMANCE QUARTERLY 10/15/13 01/15/14 04/15/14 07/15/14
REPORT/INVOICE DUE DATE
ANNUAL PEFORMANCE 04/30/14
REPORT
ANNUAL AUDITED
FINANCIAL STATEMENTS 11/30/14
PAYMENT AMOUNT $4,448 $4,448 $4,450 $0 $13,346
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 full written disclosure of the proposed payments to the
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
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.
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
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
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 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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
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 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 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.
E-Verification of Employees
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
WESTMARC
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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