CONTRACT FY 2014 GREATER PHOENIX CONVENTION AND VISITORS BUREAU.PDF

Maricopa County — Formal (2013-09-25)

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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
No.: Amount: $222,431
Effective Date: July 1, 2013 Termination Date: June 30, 2014
This Contract is entered into by and between the Greater Phoenix Convention and Visitors Bureau, 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 Convention and Visitors Bureau Phone: (602) 254-6500
Address: One Arizona Center, 400 E. Van Buren, Suite 600, Phoenix, AZ 85004
Maricopa County: Office of Management and Budget Phone: (602) 506-2274
Address: 301 West Jefferson, Phoenix, Arizona 85003
Page 1 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
IN WITNESS WHEREOF, the Parties enter into this Contract:
CONTRACTOR: MARICOPA COUNTY:
BY:
ateThRlagplix_Convention & Visitors Bureau) Andy Kunasek, Chairman
Maricopa County Board of Supervisors
Mike Mooney, Executive VP/C00
Typed Name/Title Clerk of the Board of Supervisors
Plzlispa
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
Page 2 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
This Contract entered into by and between Greater Phoenix Convention and Visitors Bureau, 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 operate the CONVENTION & TOURISM DESTINATION MARKETING
PROGRAM to promote the greater Phoenix area to conventions and tourism during the COUNTY'S 2013-
2014 fiscal year. CONTRACTOR's primary geographical scope includes all of Maricopa County, Arizona.
CONTRACTOR acts as an umbrella organization working in concert with other Convention Bureaus and
tourism-related entities within Maricopa County. COUNTY funding shall be used to promote the area in
general and specifically to attempt to expand the number of events held at any major COUNTY owned
facility/site. COUNTY is funding up to $222,431 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.
Activity #1
Attract Conventions, Conferences and Meetings - The CONTRACTOR will attract conventions,
conferences, and meetings to Maricopa County,
Specific tasks required in FY 2013-2014 to attract meetings and conventions are summarized below.
• CONTRACTOR will conduct Maricopa County familiarization trips for meeting planners considering
booking conventions in the metro area. In those instances when the planner's requirements include
the potential use of Chase Field or other sites owned by the Maricopa County Stadium District or the
COUNTY, CONTRACTOR will encourage and arrange site inspections of these facilities. Information
regarding COUNTY owned sites may be obtained from the Contract Administrator. The Vice
President of Marketing or other appropriate CONTRACTOR official is to attend meetings with the
Maricopa County Stadium District and/or Contract Administrator, on an as needed basis.
• CONTRACTOR will conduct sales missions to major cities to better familiarize the selected markets
with Maricopa County and its COUNTY owned facilities as well as other facilities County-wide.
• CONTRACTOR will focus on attracting multi-cultural organization meetings and conventions.
• CONTRACTOR will also provide site planning and post convention-meeting services for groups and
facilities.
• CONTRACTOR will match incoming groups with the services and facilities provided by COUNTY and
other Bureau members.
• CONTRACTOR will develop and conduct a marketing campaign for CONTRACTOR clients who
traditionally utilize convention facilities including those similar to the Maricopa County Events Center
& Chase Field,
• CONTRACTOR will provide a copy of the "Confidential Convention Calendar" to the Contract
Administrator, Maricopa County Events Center, Maricopa County Stadium District director or his/her
assignee on a quarterly basis.
Page 3 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
• CONTRACTOR will highlight Chase Field or other COUNTY/Stadium District owned sites in the
Meeting Professional Guide.
Activity #2
Marketing and Communications - The CONTRACTOR will continue a multi-channel media advertising
and promotional campaign in communicating the region's strengths as a convention and leisure
destination. The campaign is part of the CONTRACTOR'S program designed to erase misperceptions
about Maricopa County among some potential visitors, while bringing back leisure, business and
convention travelers who hold favorable perceptions of this destination. CONTRACTOR shall reference
Maricopa County and its specific sites/facilities on all relevant promotional materials. Specific tasks that
will be completed in FY 2013-2014 as part of the publicity campaign are summarized below.
• CONTRACTOR will handle media requests for information and photography.
• CONTRACTOR will provide travel assistance to qualified travel media from throughout the world.
• CONTRACTOR will conduct media familiarization trips to COUNTY owned facilities/sites, particularly
Chase Field, in Maricopa County, and meet with travel media at selected trade shows.
• CONTRACTOR will continue to oversee content on the Bureau's web site.
Activity #3
Leisure Travel Promotion - CONTRACTOR will promote the region as a leisure travel destination to tour
operators and travel agents. Efforts to communicate Maricopa County's scenic beauty, golf/resorts,
weather and accessibility through Phoenix Sky Harbor International Airport will be marketed to both
international and U.S. based travel agents and tour operators, The COUNTY shall provide information,
data, photos, etc. as requested by CONTRACTOR to facilitate development of collateral featuring the
Maricopa County Events Center and Chase Field and other applicable COUNTY owned facilities. Such
collateral may be focused toward selected tour groups.
In North America, CONTRACTOR will conduct sales calls to tourism operators in other key markets, and
attend major industry trade shows to promote the creation and/or enhancement of Maricopa County
itineraries, including Chase Field and other COUNTY/Stadium District owned facilities as appropriate.
Activity #4
Visitor Services - CONTRACTOR will also operate a visitor center at the Phoenix Civic Plaza. In addition,
CONTRACTOR will maintain a 24-7 website featuring the Greater Phoenix area. Background on area
accommodations, restaurants, golf courses, and event schedules are among the information expected to
be available through the website, telephone call center (1-877-CALLPHX) at the visitor centers.
It is anticipated by both the CONTRACTOR and the COUNTY that the above four (4) activities will result
in a certain number of convention sales, convention services, convention and leisure travel housing and
events held at COUNTY owned facilities,
REPORTING REQUIREMENTS
CONTRACTOR will provide COUNTY and Contract Administrator with an annual performance report prior
to November 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
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
toward numerical goals, with a specific breakdown of information regarding goals, advertisement,
contacts, etc. pertaining to efforts and events exclusive to COUNTY owned facilities.
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 Contract for economic development services. Subject to the availability of
funds, COUNTY shall pay the CONTRACTOR a total of $222,431 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 9oais, and, (2) reviews results. Payment
amounts will be as follows: 1 st Quarter - $74,143 (33%); 2" Quarter - $74,143 (33%); 3rd Quarter -
$74,145 (34%); 4th Quarter $0.
BENCHMARKS/REPORTING/COMPENSATION SCHEDULE
PERFORMANCE GOALS 1 5' Quarter 2'14 Quarter 3d Quarter 4" Quarter j Annual
Activity 'I
Convention Sales
Estimated Resort Room
Nights 50,000 50,000 50,000 50,000 200,000
Estimated Direct
Expenditure (R) $30,000,000 $30,000,000 $30,000,000 $30,000,000 $120,000,000
Estimated PCC Delegates 20,000 45,000 40,000 95,000 200,000
Estimated Direct
Expenditure (PCC) - $29,020,000 $65,295,000 $58,040,000 $137,845,000 $290,200,000
Hotel (50%) Restaurant, $29,510,000 $47,647,500 $44,020,000 $83,922,500 $205,100,000
retail and other (50%)
County Revenue Impact $29,510,000 $47,647,500 $44,020,000 $83,922,500 $205,100,000
(Hotel X 0.72% 4- Rest., $365,924 $590,829 $545,848 $1,040,639 $2,543,240
retail and other X 0.52%)*
Activity 2
Marketing &
Communications
Unique Website Visits 140,000 220,000 400,000 300,000 1,060,000
Visitor Guide Requests 2,000 3,000 5,000 5,000 15,000
(VVebsite)
Social Media Engagement 50,000 90,000 120,000 140,000 400,000
Activity 3
Leisure Travel Promotion
Client Reach 500 500 500 500 2,000
Fulfillment Inquiries 2,000 1,500 1,500 2,000 7,000
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
Activity 4
Visitor Services
Walk-in Visitors Served 4,000 6,000 6,000 4,000 20,000
Other Inquiries via Visitor 2,500 3,000 3,500 2,500 11,500
Center
PERFORMANCE 10/15113 1115114 4/15/14 7/15/14
QUARTERLY
REPORT/INVOICE
DUE DATE
11/30/14
ANNUAL
PERFORMACE
REPORT
ANNUAL AUDITED
FINANCIAL 11/30/14
STATEMENTS
PAYMENT AMOUNT $74,143 $74,143 $74,145 $-0- $222,431 Total:
*Rates provided by
County; based on current
statutory revenue
distribution formulas.
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 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.
Page 6 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
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.
Severabi I ity
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
Page 7 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
IVIARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
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.
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GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
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
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.
Page 9 of 10

GRANT AWARD CONTRACT
ECONOMIC DEVELOPMENT
MARICOPA COUNTY
GREATER PHOENIX CONVENTION & VISITORS BUREAU
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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