Apache Junction FY27 Agreement GPEC
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[1]
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
This AGREEMENT is entered into between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation (“City”), and the GREATER
PHOENIX ECONOMIC COUNCIL (“GPEC”), an Arizona non-profit corporation,
both of which may be hereinafter referred to collectively as the “Parties” or
individually as a “Party”.
RECITALS
A. City desires to retain the services of a regional economic development
agency to undertake strategic worldwide economic development
initiatives including business recruitment, expansion and attraction to
bring additional jobs and positive economic outcomes to the Phoenix
region.
B. GPEC is one of the region’s premier economic development groups for
regional economic development services for the Phoenix region.
C. The purpose of this Agreement is to set forth the regional economic
development program that GPEC agrees to undertake, the support that
the City agrees to provide, the respective roles of GPEC and the City and
the payment schedule between the City to GPEC for the 2026-2027 fiscal
year.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the CITY and GPEC agree as follows:
I.
RESPONSIBILITIES OF GPEC
A.
MISSION: Attract and grow quality businesses and advocate for the
competitiveness of Greater Phoenix.
B.
GOALS: GPEC is guided by and strategically focused on two specific
long-range goals:
1.
Marketing the region to generate qualified business/industry
prospects in targeted economic clusters.
2.
Leveraging public and private allies and resources to locate
qualified prospects, improve overall competitiveness, and
sustain organizational vitality.
C.
RETENTION AND EXPANSION POLICY:
[2]
1.
GPEC’s primary role is developing the Greater Phoenix
region’s market intelligence strategy for high wage, base
industry clusters in coordination with representatives of GPEC
member communities.
2.
Retention and expansion of existing businesses within GPEC
member communities is primarily a local issue.
3.
GPEC will support its member communities’ efforts to retain
and expand existing businesses through coordinating regional
support and providing research on key retention and
expansion projects.
4.
GPEC will advise its member communities when an existing
company contacts GPEC regarding a retention or expansion
issue, subject to any legal or contractual non-disclosure
obligations.
D.
ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and
Retention and Expansion Policy set forth above and subject to the
availability of adequate funding, GPEC shall implement the Action
Plan and Budget adopted by GPEC's Board of Directors, a copy of
which has been delivered to the City, receipt of which is hereby
acknowledged. A summary of the Action Plan is attached hereto as
Exhibit A (“GPEC Action Plan”). The City shall be informed of any
changes in the adopted GPEC Action Plan which will materially affect
or alter the priorities established therein. Such notification will be in
writing and will be made prior to implementation of such changes.
Notwithstanding the foregoing, the City acknowledges and agrees
that GPEC may, in its reasonable judgment in accordance with its
own practices and procedures, substitute, change, reschedule,
cancel or defer certain events or activities described in the GPEC
Action Plan as required by a result of changing market conditions,
funding availability, unforeseen expenses or other circumstances
beyond GPEC's reasonable control. GPEC shall solicit the input of
the City on the formulation of future marketing strategies and
advertisements. The GPEC Action Plan will be revised to reflect any
agreed upon changes to the GPEC Action Plan.
E.
PERFORMANCE TARGETS: Specific performance targets, established by
GPEC’s Executive Committee and Board of Directors, are attached
hereto as Exhibit B (“GPEC Performance Measures”) and shall be
used to evaluate and report progress on GPEC’s implementation of
the GPEC Action Plan. In the event of changing market conditions,
funding availability, unforeseen expenses or other circumstances
beyond GPEC's reasonable control, these performance targets may
be revised with the City’s prior written approval, or with the prior
[3]
written approval of a majority of the designated members of GPEC’s
Economic Development Directors Team (“EDDT”). GPEC will provide
monthly reports on the 15th of each month to the City discussing in
detail its progress in implementing the GPEC Action Plan as well as
reporting the numerical results for each performance measurement
set forth in Exhibit B. GPEC shall provide a copy of its annual external
audit for the preceding fiscal year to the City no later than December
31, 2026.
In the case of any benchmark which is not met, GPEC will meet
with the EDDT to provide an explanation of the relevant factors and
circumstances and discuss the approach to be taken in order to
achieve the target(s). Failure to meet a performance target will not,
by itself, constitute an event of default hereunder unless GPEC: (i)
fails to inform the City of such events; or (ii) fails to meet with EDDT
to present a plan for improving its performance during the balance of
the term of the Agreement.
II.
RESPONSIBILITIES OF THE CITY
A.
STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support
to GPEC's economic development efforts as follows:
1.
The City shall respond to leads or prospects referred by GPEC
in a professional manner within the time frame specified by the
lead or prospect if the City desires to compete and if the lead
is appropriate for the City. When available, the City agrees to
provide its response in the format developed jointly by EDDT
and GPEC.
2.
The City shall provide appropriate local hospitality, tours and
briefings for prospects visiting sites in the City.
3.
The City shall provide an official economic development
representative to represent the City on the EDDT, which
advises GPEC’s President and CEO.
4.
The City shall cooperate in the implementation of GPEC/EDDT
process improvement recommendations including the use of
common presentation formats, exchange of information on
prospects with GPEC's staff, the use of shared data systems,
land and building data bases and private sector real estate
industry interfaces.
5.
The City shall use its best efforts to respond to special
requests by GPEC for particularized information about the City
within three business days after the receipt of such request.
[4]
6.
In order to enable GPEC to be more sensitive to the City's
requirements, the City shall, at its sole option, deliver to GPEC
copies
of
any
City
approved
economic
development
strategies, work plan, programs and evaluation criteria. GPEC
shall not disclose the same to the other participants in GPEC
or their representatives.
7.
The City shall utilize its best good faith efforts to cause an
economic development professional representing the City to
attend all marketing events and other functions to which the
City has committed itself.
8.
The City agrees to work with GPEC to improve the City’s
competitiveness and market readiness to support the growth
and expansion of the targeted industries as identified for the
City in Exhibit C (“Targeted Industries”).
B.
NONEXCLUSIVE AGREEMENT: The City recognizes GPEC as a
regional economic development organization for marketing the
Greater Phoenix region. Nothing in this Agreement however
prohibits the City from contracting with other regional economic
development marketing providers for similar services.
III.
ADDITIONAL AGREEMENTS OF THE PARTIES:
A.
PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s) of the City shall be entitled to
participate in GPEC's marketing events provided that such
participation shall not be at GPEC's expense. When requested and
appropriate, GPEC will use its best efforts to provide technical
assistance and support to City economic development staff for
business location prospects identified and qualified by the City and
assist the City with presentations to the prospect in the City or their
corporate location.
B.
COMPENSATION & TERM:
[5]
1.
The City agrees to pay $22,004 for services to be provided by
GPEC pursuant to the Agreement during the fiscal year from
July 1, 2026 ending on June 30, 2027, as set forth in this
Agreement. This amount is based on approximately $0.4897
per capita applied to that portion of the City’s population
outside of Maricopa County plus $0.4897 per capita applied to
that portion of the City’s population within Maricopa County,
based upon the based up on the 2025 Office of Economic
Opportunity population estimate, which listed the City as
having a population of 44,529 in Pinal County and 405 in
Maricopa County. The payment by the City may, upon the
mutual and discretionary approval of the board of directors of
GPEC and the City, be increased or decreased from time to
time during the term hereof in accordance with the increases
or decreases of general application in the per capita payments
to GPEC by other municipalities which support GPEC, but in no
event shall the total compensation exceed $30,000.00 for the
term of this Agreement.
2.
Funding of this Agreement shall be subject to the annual
appropriations of funds for this activity by the City pursuant to
the required budget process of the City.
3.
GPEC shall submit invoices for payment on an annual basis.
The foregoing notwithstanding, if GPEC has not provided the
City with the audit required pursuant to paragraph I(E) above
no later than December 31, 2026, no payments shall be made
hereunder until the City receives the audit report and is
provided at least a 30 calendar day review and approval
period.. Invoices and monthly activity reports, substantially in
the form of Exhibit D (“Reporting Mechanism for Contract
Fulfillment”) attached hereto, are to be submitted to the
address listed under paragraph IV(P).
C.
MUTUAL COOPERATION:
1.
The Parties acknowledge that GPEC is a cooperative
organization effort among GPEC and its member communities.
Accordingly, the City and GPEC covenant and agree to work
together in a productive and harmonious manner, to cooperate
in furthering GPEC’s goals for FY2027. The City and GPEC
further covenant and agree to comply with the Regional
Cooperation Protocol, attached hereto as Exhibit F, in all
material respects.
2.
The City agrees to work with GPEC, as necessary or
appropriate, to revise the performance measures, and/or
benchmarks, and/or goals for the FY2028 agreement.
[6]
3.
The City agrees to work with GPEC during FY2027 to develop
a revised public sector funding plan, including a regional
allocation formula for FY2028, if determined to be necessary
or appropriate.
IV.
GENERAL PROVISIONS:
A.
COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person
or selling agent has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For a breach
or violation of this warranty, the City shall have the right to terminate
this Agreement without liability or, in its discretion, to deduct the
commission, brokerage or contingent fee from its payment to GPEC.
B.
PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no
payment shall be made to any contractor as long as there is any
outstanding obligation due to the City, and any such obligation shall
be offset against payment due to GPEC.
C.
ASSIGNMENT PROHIBITED: No Party to this Agreement may assign any
right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this
Agreement shall be void and have no effect.
D.
INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this
Agreement creates any partnership, joint venture or agency
relationship between the City and GPEC. At all times during the term
of this Agreement, GPEC shall be an independent contractor and
shall not be an employee of City. City shall have the right to control
GPEC only insofar as to the results of GPEC's services rendered
pursuant to this Agreement. GPEC shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as an
agent. GPEC shall have no authority, express or implied, pursuant to
this Agreement to bind City to any obligation whatsoever.
D.
INDEMNIFICATION AND HOLD HARMLESS: To the fullest extent permitted by
law, GPEC shall defend, indemnify and hold harmless City, its elected
and appointed officers, officials, agents, and employees from and
against any and all liability including but not limited to demands,
claims, actions, fees, costs and expenses, including reasonable
attorney and expert witness fees, arising from, or alleged to have
arisen from, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, or services of GPEC, its
agents, employees, or any tier of GPEC’s subcontractors in the
performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of GPEC or
[7]
its subcontractors in the performance of the services under this
Agreement or any subcontract. GPEC’s duty to defend, hold
harmless and indemnify City, its special districts, elected and
appointed officers, officials, agents, and employees shall arise in
connection with any claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting
therefrom, caused by an GPEC’s acts, errors, mistakes, omissions,
work or services in the performance of this Agreement including any
employee of GPEC, any tier of GPEC’s subcontractor or any other
person for whose acts, errors, mistakes, omissions, or services
GPEC may be legally liable, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of GPEC or
any tier of GPEC’s subcontractors or any other person for whose
acts, errors, mistakes, omissions, Work or services GPEC may be
legally liable in the performance of the Work under this Agreement or
subcontract.
The amount and type of insurance coverage
requirements set forth in this Agreement will in no way be construed
as limiting the scope of the indemnity in this Subsection E. The rights
and obligations under this Subsection E shall survive termination of
this Agreement.
F.
INSURANCE: GPEC shall procure and maintain for the duration of this
Agreement, at GPEC's own cost and expense, insurance against
claims for injuries to persons or damages to property which may
arise from or in connection with this Agreement by GPEC, its agents,
representatives, employees or contractors, in accordance with the
Insurance Requirements set forth in Exhibit E (“Insurance
Requirements”), attached hereto. The City acknowledges that it has
received and reviewed evidence of GPEC’s insurance coverage in
effect as of the execution of this Agreement.
G.
GRATUITIES. The City may, by written notice to GPEC, terminate the
right of GPEC to proceed under this Agreement upon one (1)
calendar day notice, if it is found that gratuities in the form of
entertainment, gifts, or otherwise were offered or given by GPEC, or
any agent or representative of GPEC, to any officer or employee of
the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making
of any determinations with respect to the performance of such
contract; provided that the existence of the facts upon which the City
makes such findings shall be an issue and may be reviewed in any
competent court. In the event of such termination, the City shall be
entitled to pursue all legal and equitable remedies against GPEC
available to the City.
H.
EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows:
[8]
1.
GPEC will not discriminate against any employee or applicant
for employment because of race, color, religion, gender,
sexual orientation, national origin, age or disability. GPEC
shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment
without regard to their race, color, religion, gender, sexual
orientation, national origin, age or disability. Such action shall
include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including
apprenticeship. GPEC agrees to post in conspicuous places,
available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
2.
GPEC will, in all solicitations or advertisements for employees
place by or on behalf of GPEC, state that all qualified
applicants will receive consideration for employment without
regard to race, color, religion, gender, sexual orientation,
national origin, age or disability.
3.
GPEC will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement,
provided that the foregoing provisions shall not apply to
Agreements or subcontracts for standard commercial
supplies or new materials.
4.
Upon request by the City, GPEC shall provide City with
information and data concerning action taken and results
obtained in regard to GPEC's Equal Employment Opportunity
efforts performed during the term of this Agreement. Such
reports shall be accomplished upon forms furnished by the
City or in such other format as the City shall prescribe.
I.
COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC
understands and acknowledges the applicability of the American
with Disabilities Act, the Immigration Reform and Control Act of 1986
and the Drug Free Workplace Act of 1989 and agrees to comply
therewith in performing under any resultant agreement and to permit
City inspection of its records to verify such compliance.
1.
GPEC warrants to the City that, to the extent applicable under
A.R.S. § 41-4401, GPEC is in compliance with all Federal
Immigration laws and regulations that relate to its employees
and with the E-Verify Program under A.R.S. § 23-214(A). GPEC
acknowledges that a breach of this warranty by GPEC or any
subconsultants providing services under this Agreement is a
[9]
material breach of this Agreement subject to penalties up to
and including termination of this Agreement or any applicable
subcontract. The City retains the legal right to inspect the
papers of any employee of GPEC or any subconsultant who
works on this Agreement to ensure compliance with this
warranty.
2.
The City may conduct random verification of the employment
records of GPEC and any of its subconsultants who work on
this Agreement to ensure compliance with this warranty.
3.
The City will not consider GPEC or any of its subconsultants
who work on this Agreement in material breach of the
foregoing warranty if GPEC and such subconsultants establish
that they have complied with the employment verification
provisions prescribed by 8 USC § 1324(a) and (b) of the
Federal Immigration and Nationality Act and the E-verify
requirements prescribed by Arizona Revised Statutes § 23-
214(A).
4.
The provisions of this Subsection I must be included in any
agreement GPEC enters into with any and all of its
subconsultants who provide services under this Agreement or
any subcontract to provide services under this Agreement. As
used in this Subsection I "services" are defined as furnishing
labor, time or effort in the State of Arizona by a contractor or
subcontractor. Services include construction or maintenance
of any structure, building or transportation facility or
improvement to real property.
5.
Pursuant to A.R.S. §§ 35-393 through 35-393.03, GPEC hereby
certifies to the City that GPEC does not have any
contracts/services/providers/suppliers that boycott Israel.
6.
In accordance with Arizona Revised Statutes § 35-394, GPEC
hereby certifies and agrees that GPEC does not currently and
shall not for the duration of this Agreement use 1) the forced
labor of ethnic Uyghurs in the People’s Republic of China, 2)
any services or goods produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China, and/or 3) any
suppliers, contractors or subcontractors that use the forced
labor or any services or goods produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China. If GPEC
becomes aware during the term of this Agreement that GPEC
is not in compliance with this Section, then GPEC shall notify
the City within five (5) business days after becoming aware of
such noncompliance. If GPEC does not provide the City with
written
certification
that
GPEC
has
remedied
such
[10]
noncompliance within one hundred eighty (180) days after
notifying the City of such noncompliance, this Agreement shall
terminate, except that if the Agreement termination date
occurs before the end of such one hundred eighty (180) day
remedy period, this Agreement shall terminate on such
contract termination date.
J.
TERMINATION. City shall have the right to terminate this Agreement if
GPEC shall fail to duly perform, observe or comply with any covenant,
condition or agreement on its part under this Agreement and such
failure continues for a period of 30 calendar days (or such shorter
period as may be expressly provided herein) after the date on which
written notice requiring the failure to be remedied shall have been
given to GPEC by the City; provided, however, that if such
performance, observation or compliance requires work to be done,
action to be taken or conditions to be remedied which, by their
nature, cannot reasonably be accomplished within 30 calendar days,
no event of default shall be deemed to have occurred or to exist if,
and so long as, GPEC shall commence such action within that period
and diligently and continuously prosecute the same to completion
within 90 calendar days or such longer period as the City may
approve in writing. The foregoing notwithstanding, in the event of
circumstances which render GPEC incapable of providing the
services required to be performed hereunder, including, but not
limited to, insolvency or an award of monetary damages against
GPEC in excess of its available insurance coverage and assets, the
City may immediately and without further notice terminate this
Agreement.
K.
RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's
performance hereunder shall be in material compliance with all
applicable federal, state and local health, environmental, and safety
laws, regulations, standards, and ordinances in effect during the
performance of this Agreement.
L.
INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to
this Agreement must be filed in a court of competent jurisdiction in
Pinal County, State of Arizona. In any legal action, the prevailing
party in such action will be entitled to reimbursement by the other
party for all costs and expenses of such action, including reasonable
attorneys' fees as may be fixed by the Court.
M.
APPLICABLE LAW. Any and all disputes arising under any Agreement
to be awarded hereunder or out of the proposals herein called for,
which cannot be administratively resolved, shall be tried according
to the laws of the State of Arizona, and GPEC shall agree that the
[11]
venue for any such action shall be in the State of Arizona, Pinal
County.
N.
CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding
the existence of any dispute between the parties, each party shall
continue to perform the obligations required of it during the
continuation of any such dispute, unless enjoined or prohibited by an
Arizona court of competent jurisdiction.
O.
CITY REVIEW OF GPEC RECORDS. Records of GPEC’s labor, payroll, and
other costs pertaining to this Agreement shall be kept on a generally
recognized accounting basis and made available to City for
inspection on request. GPEC shall maintain records for a period of
at least five (5) years, and shall make such records available during
that retention period for examination or audit by City personnel
during regular business hours.
P.
NOTICES. Any notice, consent or other communication required or
permitted under this Agreement shall be in writing and shall be
deemed received at the time it is personally delivered, on the day it
is sent by facsimile transmission, on the second day after its deposit
with any commercial air courier or express service or, if mailed, three
(3) business days after the notice is deposited in the United States
mail addressed as follows:
If to City:
Bryant Powell
City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
Phone: (480) 474-5092
Fax: (480) 474-5110
If to GPEC:
Christine Mackay
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone: (602) 256-7700
FAX: (602) 256-7744
Any time period stated in a notice shall be computed from the
time the notice is deemed received. Either party may change its
mailing address or the person to receive notice by notifying the other
party as provided in this paragraph.
Q.
TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph
IV(J), all parties hereto acknowledge that this Agreement is subject
[12]
to cancellation by the City pursuant to the provisions of A.R.S. § 38-
511.
R.
NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or
employee of the City will be personally liable to GPEC, or any
successor in interest, in the event of any default or breach by the City
or for any amount which may become due to GPEC or successor, or
on any obligation under the terms of this Agreement. No member,
official or employee of GPEC will be personally liable to the City, or
any successor in interest, in the event of any default or breach by the
GPEC or for any amount which may become due to the City or
successor, or on any obligation under the terms of this Agreement.
S.
SEVERABILITY. City and GPEC each believe that the execution, delivery
and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of
this Agreement is declared void or unenforceable (or is construed as
requiring City to do any act in violation of any applicable laws,
including any constitutional provision, law, regulation, or city code),
such provision shall be deemed severed from this Agreement and
this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed
reformed to the extent reasonably possible in such a manner so that
the reformed agreement (and any related agreements effective as of
the same date) provide essentially the same rights and benefits
(economic and otherwise) to the Parties as if such severance and
reformation were not required. Unless prohibited by applicable laws,
the Parties further shall perform all acts and execute, acknowledge
and/or deliver all amendments, instruments and consents necessary
to accomplish and to give effect to the purposes of this Agreement,
as reformed.
T.
CAPTIONS. The captions contained in this Agreement are merely a
reference and are not to be used to construe or limit the text.
U.
NO THIRD PARTY BENEFICIARIES. No creditor of either Party or other
individual or entity shall have any rights, whether as a third-party
beneficiary or otherwise, by reason of any provision of this
Agreement.
V.
Disclosure of Confidential Information. For purposes of this
Agreement, “Confidential Information” shall mean information that is
not generally known to the general public or that is confidential or
proprietary in nature or subject to the obligations of confidentiality.
Confidential Information shall not include: (i) information that at the
time of disclosure is publicly available, or information which later
becomes publicly available through no act or omission of the non-
disclosing party; (ii) information that the non-disclosing party
[13]
independently developed without the use of the disclosing party’s
protected information; or (iii) information disclosed to the non-
disclosing party by a third party not in violation of any obligations of
confidentiality to the disclosing party.
In the opinion of the Parties: (1) the Confidential Information is
the proprietary property of the Parties and is strictly confidential and
privileged pursuant to, among other laws, A.R.S. §§ 44-401, et seq.,
(2) the release of the Confidential Information provided could cause
harm to the Parties’ competitive position, (3) the Confidential
Information is potentially personal and private, and (4) the
Confidential Information is exempt from disclosure under the Arizona
Public Records and Open Meeting Laws, A.R.S. § 39-121, et seq. The
Agreement does not license, assign, or convey any intellectual
property or proprietary rights from any Party to any other Party.
The City must comply with and may be subject to certain
disclosure requirements under the Arizona public records law
(A.R.S. § 39-101, et seq.). The City may disclose Confidential
Information if required to comply with a court order or other
government demand that has the force of law. Prior to disclosure, the
Party must give GPEC reasonable prior notice of the request for
records and identified responsive documents to allow them to seek a
protective order, unless such notice is not permitted under law.
W.
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three (3) duplicate originals, each of which is
deemed to be an original. This Agreement, including thirteen (13)
pages of text and the below-listed exhibits which are incorporated
herein by this reference, constitutes the entire understanding and
agreement of the Parties.
Exhibit A - GPEC Action Plan
Exhibit B - GPEC Performance Measures
Exhibit C - Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E - Insurance Requirements
Exhibit F - Regional Cooperation Protocol
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all
negotiations or previous agreements between the Parties with
respect to all or any part of the subject matter hereof.
Except as otherwise expressly provided in this Agreement, any
failure or delay by any Party in asserting any of its rights or remedies
as to any default, will not operate as a waiver of any default, or of any
such rights or remedies, or deprive any such Party of its right to
[14]
institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
All waivers of the provisions of this Agreement must be in
writing and signed by the appropriate authorities of the City or GPEC,
and all amendments hereto must be in writing and signed by the
appropriate authorities of the Parties hereto.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
[15]
IN WITNESS WHEREOF, the parties hereto have executed the Agreement
this day of _______________________, 2026.
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By:
Walter “Chip” Wilson, Mayor
ATTEST:
By:_________________________
Evie McKinney, City Clerk
APPROVED AS TO FORM:
By:________________________
Richard J. Stern, City Attorney
STATE OF ARIZONA
)
) ss.
COUNTY OF PINAL
)
On this _____ day of _______, 2026, before me, the undersigned Notary Public,
personally appeared Walter “Chip” Wilson, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
_________________________
Notary Public
My commission expires:
[16]
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By:________________________________________
Christine Mackay
President & Chief Executive Officer
STATE OF ARIZONA
)
) ss.
COUNTY OF MARICOPA )
On this _____ day of _______, 2026, before me, the undersigned Notary Public,
personally appeared Christine Mackay, who acknowledged herself to be the
President & Chief Executive Officer of Greater Phoenix Economic Council, an
Arizona non-profit corporation, that she, as such officer, being authorized so to
do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by herself as such officer. In witness
whereof, I hereunto set my hand and official seal.
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Notary Public
My commission expires: