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HomeMy WebLinkAboutFountain Hills-GPEC FY25 - unsigned - signedPage 1 of 10 AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE TOWN OF FOUNTAIN HILLS Town Contract No. The Town Council of the TOWN OF FOUNTAIN HILLS, a municipal corporation (the “Town”), has approved participation in and support of the regional economic development program of the GREATER PHOENIX ECONOMIC COUNCIL (“GPEC”), an Arizona non-profit corporation. The purpose of this agreement (“Agreement”) is to set forth the regional economic development program that GPEC agrees to undertake, the support that the Town agrees to provide, the respective roles of GPEC and the Town and the payments of the Town to GPEC for the fiscal year July 1, 2024 - June 30, 2025 (“FY2025”). NOW, THEREFORE, in consideration of the mutual promises contained herein, the TOWN and GPEC agree as follows: I. RESPONSIBILITIES OF GPEC A. MISSION: Attract and grow quality businesses and advocate for Greater Phoenix’s competitiveness. 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: 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 Town and receipt of which is hereby acknowledged. A summary of the Action Plan is attached hereto as Exhibit A (“GPEC Action Plan”). The Town 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. Page 2 of 10 Notwithstanding the foregoing, the Town acknowledges and agrees that GPEC may, in its reasonable judgment and 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 Town 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 Town’s prior written approval, or with the prior written approval of a majority of the designated members of GPEC’s Economic Development Directors Team (“EDDT”). GPEC will provide monthly reports to the Town 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 Town no later than December 31, 2024. 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 Town of such event or (ii) fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement, which, if GPEC fails to comply with either step, will constitute an event of default for which the Town may terminate this Agreement pursuant to paragraph IV.J. below. II. RESPONSIBILITIES OF THE TOWN A. STAFF SUPPORT OF GPEC EFFORTS: The Town shall provide staff support to GPEC’s economic development efforts as follows: 1. The Town 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 Town desires to compete and if the lead is appropriate for the Town. When available, the Town agrees to provide its response in the format developed jointly by EDDT and GPEC; 2. The Town shall provide appropriate local hospitality, tours and briefings for prospects visiting sites in the Town; 3. The Town shall provide an official economic development representative to represent the Town on the EDDT, which advises GPEC’s President and CEO; 4. The Town 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 Town shall use its best efforts to respond to special requests by GPEC for particularized information about the Town within three business days after the receipt of such request; Page 3 of 10 6. In order to enable GPEC to be more sensitive to the Town’s requirements, the Town may, at its sole option, deliver to GPEC copies of any Town 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 Town shall utilize its best good faith efforts to cause an economic development professional representing the Town to attend all marketing events and other functions to which the Town has committed itself; and 8. The Town agrees to work with GPEC to improve the Town’s Competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the Town in Exhibit C (“Targeted Industries”). B. RECOGNITION OF GPEC: The Town agrees to recognize GPEC as the Town’s officially designated regional economic development organization for marketing the Greater Phoenix region. III. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s) of the Town 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 Town economic development staff for business location prospects identified and qualified by the Town and assist the Town with presentations to the prospect in the Town or the prospect’s corporate location. B. COMPENSATION: 1. The Town agrees to pay $11,790 for services to be provided by GPEC pursuant to the Agreement during the fiscal year ending on June 30, 2025, as set forth in this Agreement. This amount is based on $.4897 per capita, based up on the 2023 Office of Economic Opportunity population estimate, which listed the Town as having a population of 24,075. The payment by the Town may, upon the mutual and discretionary approval of the board of directors of GPEC and the Town Council, 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. 2. Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the Town Council pursuant to the required budget process of the Town; 3. Nothing herein shall preclude the Town from contracting separately with GPEC for services to be provided in addition to those to be provided hereunder, upon terms and conditions to be negotiated by the Town and GPEC; and 4. GPEC shall submit an invoice for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the Town with the audit required pursuant to paragraph I.E. above no later than December 31, 2024, no payments shall be made hereunder until the Town receives the audit report. 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. COOPERATION: 1. The parties acknowledge that GPEC is a cooperative organization effort among GPEC and its member communities. Accordingly, the Town and GPEC covenant and agree to work Page 4 of 10 together in a productive and harmonious manner, to cooperate in furthering GPEC’s goals for FY2025. The Town and GPEC further covenant and agree to comply with the Regional Cooperation Protocol, attached hereto as Exhibit F, in all material respects. 2. The Town agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY2026 contract. 3. The Town agrees to work with GPEC during FY2025 to develop a revised public sector funding plan, including a regional allocation formula for FY2026, 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 contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For a breach or violation of this warranty, the Town 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 recognizes the provisions of the Town Code of the Town of Fountain Hills which require and demand that no payment be made to any contractor as long as there is any outstanding obligation due to the Town, and directs that any such obligation 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 no effect. D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this Agreement creates any partnership, joint venture or agency relationship between the Town and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of Town. Town 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 Town in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, and to the fullest extent permitted by law, GPEC shall indemnify, defend, hold, protect and save harmless the Town and any and all of its Councilmembers, officers and employees for, from and against any and all actions, suits, proceedings, claims and demands, loss, liens, costs, expense and liability of any kind and nature whatsoever, for injury to or death of persons, or damage to property, including property owned by Town, brought, made, filed against, imposed upon or sustained by the Town, its officers, or employees in and arising from or attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions or from operations conducted by GPEC, its directors, officers, agents or employees acting on behalf of GPEC and with GPEC’s knowledge and consent. Any party entitled to indemnity shall notify GPEC in writing of the existence of any claim, demand or other matter to which GPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party. Page 5 of 10 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 Town 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 Town 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 Town 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 Town makes such findings shall be an issue and may be reviewed in any competent court. In the event of such termination, the Town shall be entitled to pursue all legal and equitable remedies against GPEC available to the Town. Activities by an officer or employee of the Town while engaged in official business with GPEC, including travel shall not be deemed a gratuity. H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows: 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 Town, GPEC shall provide Town 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 Town or in such other format as the Town shall prescribe. I. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986, the Drug Free Workplace Act of 1989 and the Americans with Disabilities Act, and agrees to comply therewith in performing under any resultant agreement and to permit Town inspection of its records to verify such compliance. 1. GPEC warrants to the Town 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 Page 6 of 10 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 material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The Town 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 Town 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 Town 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 USCA § 1324(a) and (b) of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by A.R.S. § 23-214(A). 4. The provisions of this Section I must be included in any contract 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 Section 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. 4. GPEC certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 5. 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 Town within five (5) business days after becoming aware of such noncompliance. If GPEC does not provide the Town with written certification that GPEC has remedied such noncompliance within one hundred eighty (180) days after notifying the Town 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. Town 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 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 Town; 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 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 days or such longer period as the Town may approve in writing. The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed Page 7 of 10 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 Town 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 the county of Maricopa, State of Arizona, or in the Federal District Court in the District 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 venue for any such action shall be in the State of Arizona. 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. TOWN REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate and make them available for audit by Town personnel upon request. 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) days after the notice is deposited in the United States mail addressed as follows: If to Town: Rachael Goodwin Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Phone: (480) 816-5107 Fax: (480) 837-3145 If to GPEC: Chris Camacho 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. Page 8 of 10 Q. TRANSACTIONAL CONFLICT OF INTEREST. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or employee of the Town will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the Town 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 Town, 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 Town or successor, or on any obligation under the terms of this Agreement. S. NO WAIVER. 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 institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. T. SEVERABILITY. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, provided that the fundamental purposes of this Agreement are not defeated by such severability. U. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. V. 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. W. DISCLOSURE OF CONFIDENTIAL INFORMATION IF REQUIRED TO BY LAW. This Agreement allows the parties to disclose Confidential Information, as defined below, to each other under the following terms. The parties agree that: (1) the Confidential Information is the proprietary property of each respective Party 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. “Confidential Information” means non-public information, know-how, or trade secrets in any form, that: 1. Is designated as being confidential; or 2. A reasonable person knows or reasonably should understand to be confidential. The Town 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 Town 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: 1. Use reasonable means to protect the Confidential information to the extent possible; and Page 9 of 10 2. Give GPEC reasonable prior notice of the request for records and identified responsive documents to allow GPEC to seek a protective order, unless such notice is not permitted under law. X. 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 nine (9) 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. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Town or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. [SIGNATURES APPEAR ON FOLLOWING PAGE] Page 10 of 10 IN WITNESS WHEREOF, the parties hereto have executed the Agreement this ___ day of _______________________, 2024. TOWN OF FOUNTAIN HILLS, a municipal corporation Ms. Rachael Goodwin By: _______________________________________ Rachael Goodwin Town Manager ATTEST: By:_________________________ Linda Mendenhall Town Clerk APPROVED AS TO FORM: By:________________________ Aaron D. Arnson Town Attorney GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By:____________________________________ Chris Camacho President & Chief Executive Officer Aaron Arnson (Jun 25, 2024 16:23 PDT) Aaron Arnson Rachael Goodwin (Jun 27, 2024 09:14 MDT) Rachael Goodwin Chris Camacho (Jun 27, 2024 08:22 PDT) GREATER PHOENIX ECONOMIC COUNCIL Action PlanFY25 gpec.org // 602.256.7700 “ Chris CamachoLetter from President & CEO As we enter the third and final year of GPEC’s FY23-FY25 Strategic Plan, I am filled with optimism for the future of Greater Phoenix. Over the past year, we have made great progress in executing against our vision of a future economy grounded in innovation, dynamism, anti-fragility and equity. Through intentional planning and collaboration across GPEC’s public and private partners, Greater Phoenix has become a dynamic ecosystem where startups, legacy companies and the vibrant impacts of arts and culture intersect to drive growth and connectivity. This intersection is key to our success and sets us apart as a region that others across the U.S. look to for inspiration. We now have the opportunity to fortify the region by focusing on emerging and innovation-driven sectors, furthering this prominence nationally and internationally as global eyes shift towards Greater Phoenix. Our unique public-private model is instrumental in ensuring our work has a tangible impact on our communities while building a stronger economic future. It allows us to collaborate effectively, leveraging strengths and resources to create a region where everyone has the opportunity to succeed. I want to extend my gratitude to our community partners, board members and private sector investors for their dedication to advancing Greater Phoenix's prosperity. The tactics outlined in this action plan will forward Greater Phoenix as a leading market that drives innovation, fosters creativity and creates equitable opportunities. Thank you for your continued partnership and dedication to our shared vision. Dear Partners and Stakeholders, The tactics outlined in this action plan will forward Greater Phoenix as a leading market that drives innovation, fosters creativity and creates equitable opportunities. 2 FY25 ACTION PLAN We are tenacious We are change agents We lead from the front We remain on the edge We are agile and adapt to change We promote intellectual curiosity We are an inclusive, diverse family We are committed to selfless service To attract and grow quality businesses, and advocate for Greater Phoenix’s competitiveness. The GPEC Way Our Mission Our Values 3 Our Vision Be the leading market driving innovation in a dynamic, anti-fragile and equitable economy that enables all residents to benefit and prosper. 4 FY25FY24FY23 Strategic Plan Strategies Action Plan Tactics Strategic Plan Strategies Action Plan Tactics Strategic Plan Strategies Action Plan Tactics FY25 ACTION PLAN 5 FY23-25 Strategic Plan Goals Lead an ambitious shared vision for the region’s economic future Enhance the foundation of the future economy with a focus on emerging and innovation-driven industry sectors Expand organizational capacity to serve the Greater Phoenix economic ecosystem and meet the needs of the market Three-year Strategic Plan Goals FY25: Strategic Plan Goal 1 FY25 ACTION PLAN Lead an ambitious shared vision for the region’s economic future Convene the community to articulate a vision for the region’s future and inspire action around key economic imperatives Illustrate the past-present-and future of the region with a proactive pro- growth, pro-community vision Engage local champions to advocate for an innovation economy that drives long-term competitiveness and prosperity Align with partner organizations to generate or support coordinated action that drives outcomes addressing regional imperatives Ensure federal dollars from key investment programs flow to support opportunity cluster development in Greater Phoenix Execute on current grant awards Support critical economic development initiatives such as Prop 479, programs enhancing grid capacity and sustainability, water resiliency, and air quality Tactics: Strategy 1:Strategy 2: Tactics: Drive conversations around policy priorities that enhance the pillars of an innovation economy such as infrastructure, education and workforce development, smart and agile land use, and a capital-friendly environment 6 FY25 ACTION PLAN FY25: Strategic Plan Goal 1 Lead an ambitious shared vision for the region’s economic future Be a leading voice regionally and nationally on economic development priorities and strategies Continue to assess and share regional health metrics through the economic monitor tool and thought leadership series to educate regional partners on areas of opportunity Develop and disseminate data-based, clear, and concise narratives addressing water, energy- grid stability, air quality and other key components of a strong economic development foundation Engage media and key multipliers out of market to familiarize audiences nationally and internationally with the Greater Phoenix region value proposition Tactics: Strategy 3: 7 Tactics: FY25 ACTION PLAN 8 Fortify business attraction efforts to remain best-in-class and execute on sector- focused strategies FY25: Strategic Plan Goal 2 Enhance the foundation of the future economy with a focus on emerging and innovation-driven industry sectors Intensify outreach in key global regions including Europe and the APAC region Elevate the GPEC team specialization on industries such as Aerospace, Biosciences, and Climate Technologies Support unique programming and tools that promote soft-landing for foreign companies new to the market Enhance and evolve community partnerships to anticipate the future of land use needs Brand as a premier location for future-focused industries, identifying opportunity industries that are targets for growth Strategically enhance marketing to drive global recognition for the region Strategy 1:Strategy 2: Tactics: Enhance the perception of the Greater Phoenix market as a premier location for people and businesses to live, grow and work Tactics: FY25 ACTION PLAN FY25: Strategic Plan Goal 2 Enhance the foundation of the future economy with a focus on emerging and innovation-driven industry sectors Lead on data analytics and cutting-edge research capabilities to provide intelligence to clients and stakeholders Strategy 3:Strategy 4: Develop strategies to incorporate AI and data integrations to enhance analysis capabilities and dissemination of key market activities Bolster core capabilities and internal platforms to drive lead prospecting and conversions Leverage unique partnerships to enhance data analysis and reporting to grow audience Align with startup ecosystem partners to coordinate additional resources and programming for local companies Increase awareness of growth markers and key investments into local companies Tactics: Intensify support for regional entrepreneurship with a focus on equity, capital strategies and innovation in collaboration with regional partners 9 Tactics: FY25 ACTION PLAN FY25: Strategic Plan Goal 3 Expand organizational capacity to serve the Greater Phoenix economic ecosystem and meet the needs of the market Grow capacity through increased investment and diversified funding to provide resources that enable execution against strategic economic initiatives Strategy 1:Strategy 2: Clearly and consistently demonstrate stakeholder value and engagement with GPEC initiatives Leverage relationships to connect with new investors outside of the GPEC network Seamlessly integrate new partners in the region Focus on high-value engagement opportunities with stakeholders such as strategic councils, roundtables and international delegation visits Align GPEC Ambassador programming with industry targets Continue to utilize the Community Partnership Program the generate creative solutions and embody a collaborative metro region Highlight the region as a leader for innovative technologies to address global issues Tactics: Coordinate with key stakeholder groups to enable an agile response to the needs of Greater Phoenix 10 Tactics: FY25 ACTION PLAN 11 FY25: Strategic Plan Goal 3 Expand organizational capacity to serve the Greater Phoenix economic ecosystem and meet the needs of the market Evaluate organizational metrics to measure impact beyond business attraction Strategy 3: Evaluate marketing and branding metrics as well as how to capture value outside of core metrics including the importance of arts, culture, and lifestyle enhancements Continue to seek national recognition for the region, organization, and individuals as leaders in their field Formalize processes for professional development, onboarding, and ongoing trainings Tactics: Strategy 4: Invest in and fortify internal capabilities through recruitment and professional development to maintain a best-in-class economic development team anchored in innovation Strategy 5: Evaluate best practices and bylaws to ensure the GPEC’s Board of Directors remains high-caliber and activated to support the organizational mission Leverage the GPEC board and other stakeholder expertise to educate and execute on policy priorities Tactics: Contract Target Stretch Payroll (in Millions)$421.10 $467.88 $514.67  Jobs 7,201 8,002 8,802 High-Wage Jobs 3,813 4,236 4,660 Average High-Wage Salary $70,235 $78,039 $85,843  Qualified Prospects 233 259 285 Qualified International Prospects 43 48 53 GPEC Assists 10 12 14 Community ROI (1)23:1 25:1 27:1 Stakeholder Satisfaction with Business Attraction (2)7.0 7.3 7.6 Stakeholder Satisfaction with Competitive Position (2)7.0 7.3 7.6 GPEC calculated the metrics for FY25 based on historical performance and recent trends in office and industrial prospect activity. 1 ROI is calculated as a ratio of direct revenue from GPEC locates divided by funding from GPEC member communities2 Average result from respondents of EDDT and Board of Directors end-of-year surveys Metrics and Budget Overview FY25 ACTION PLAN 12 Revenues Proposed FY2025 Approved FY2024 YOY Var. $ YOY Var. % City/County Contract Revenue  $3,027,872  $2,863,157  $164,715 6% Pledge Revenue  $4,307,850  $4,020,525  $287,325 7% New Pledges  $425,000  $425,000  $ -   0% In-Kind Contributions  $140,500  $140,500  $ -   0% Special Events & Programs  $130,000  $202,000  $(72,000)(36%) Sponsorship Income  $280,000  $320,000  $(40,000)(13%) Grant Income  $279,122  $ -    $279,122 0% Other Income  $14,560  $1,000  $13,560 1356%  TOTAL REVENUE  $8,604,904  $7,972,182  $632,722 8% Expenses Proposed FY2025 Approved FY2024 YOY Var. $ YOY Var. % Business Development  $831,973  $772,695  $59,278 8% Marketing & Communications  $586,823  $538,268  $48,555 9% Research & Analytics  $331,034  $297,988  $33,046 11% Engagement  $168,197  $168,197  $(0)(0%) Regional Initiatives $279,185 $245,365  $33,820 14% Operations  $504,784  $467,681  $37,103 8% Personnel  $5,265,200 $4,972,596  $88,934 2% Facilities $490,988 $577,001 $(86,013)(15%) Special Events & Programs $439,122 $249,000 $190,122 76%  TOTAL EXPENSES $8,897,305 $8,288,791 $608,515 7%  NET INCOME/(LOSS) $(292,401) $(316,609) $24,207 (8%) TO WICKENBURG TO GILA BEND 13 FY25 ACTION PLAN Our Communities Include 22 member communities, Maricopa and Pinal counties Apache Junction Avondale Buckeye Casa Grande Chandler El Mirage Fountain Hills Gila Bend Gilbert Glendale Goodyear Maricopa Mesa Peoria Phoenix Queen Creek Scottsdale Surprise Tempe Tolleson Wickenburg Youngtown Builder Level Air2o American Airlines Arizona Coyotes Arizona Diamondbacks Array Technologies Bank of America Banner Health Benchmark Electronics, Inc. BMO Harris Bank BOK Financial Brookfield Residential CBRE Chicanos Por La Causa Clayco Cousins Properties, Inc. Creighton University Desert Financial Credit Union Dignity Health DMB Associates Dorsey & Whitney DSV EMD Electronics Empire Southwest Equity Land Group Holdings/Arizona Land Consulting Ernst & Young Freeport McMoRan Inc. Global Credit Union Goodmans Interior Structures Goodwill of Central and Northern Arizona Grand Canyon University Helios Hensel Phelps Honeywell HonorHealth IdealabX Advocate Level Intel Corporation JE Dunn Construction Kitchell M Culinary Mayo Clinic MidFirst Bank Modern Industries Mortenson Oaktree Capital Management Olsson ON Advertising Perkins Coie LLP Phoenix Suns and Phoenix Mercury Pivotal Group Quarles & Brady Sherman & Howard Snell & Wilmer LLP U.S. Bank Valley Metro Valley of the Sun United Way Vitalant Weitz Company Western Alliance Bank Alston Construction Archicon L.C. Architecture Arizona Israel Technology Alliance Baker Development Bell Bank Blue Cross Blue Shield of Arizona Bridge Relocation Concierge Bristol Myers Squibb BRPH Brycon Construction Burns & McDonnell CapRock Partners CG Schmidt Colliers International Commonwealth Land Title National Commercial Services Cresa Crescent Crown Distributing Cushman & Wakefield Davis Architecture De Rito Partners Deloitte Deutsch Architecture Group DFDG Architecture Dircks Moving & Logistics DLR Group DP Electric DPR Construction El Dorado Holdings EmployBridge Enterprise Bank & Trust Equality Health Everest Holdings FCL Builders FirstBank Flinn Foundation Gammage & Burnham GCON Gensler Global Roofing Group Gray Construction Graycor Construction Green Maple Law Group Haydon Building Corp HDR Hines Holualoa Companies HotFoot Recruiters Howard Hughes Corporation Hunt, Guillot & Associates, LLC Immedia Irgens JLL Land Advisors Organization Lee & Associates Lincoln Property Company Mack Real Estate Group Mastek Meritage Homes Nationwide Realty Investors Off Madison Ave Okland Construction OneAZ Credit Union Opus Development Company Page Partners Personnel Pathward Phoenix Children's Hospital Phoenix Raceway Polsinelli Professional Piping Systems Pureflow Inc. Reseco Advisors, LLC Resolution Copper Rexco Rider Levett Bucknall RK Logistics Group RSM Ryan Companies US Inc. Silicon Valley Bank Skanska SmithGroup Social Television Network (STN) Southwest Airlines Southwest Gas Corporation Spencer Fane LLP StarPoint Properties Sunbelt Holdings Supporter Level Sundt Construction Suntec Concrete Systems Evolution, Inc. Companies (SEI) Taiwan Semiconductor Manufacturing Company Terracon The PENTA Building Group The Plaza Companies The Wood Veneer Hub Trammell Crow Company Transwestern Commercial Services University of Arizona USAA Verizon Wireless ViaWest Group Wespac Construction, Inc WestPac Wealth Partners Wexford Science + Technology Willmeng Construction Wist Office Products Air Products and Chemicals, Inc. Arizona Community Foundation Atmosphere Commercial Interiors Avnet Inc. BNSF Railway Caliber Companies Carvana Cawley Architects Chicago Title Insurance Company - Arizona City of Hope Clune Construction Comcast Business Commercial Properties, Inc. Conceptually Social CornerStone Staffing CoStar Group Cypress Office Properties Desert Investment Management Exro Technologies Globe Corporation Industrial Storage Keyser KTAR Macerich Merit Partners Meta Midwestern University Mohr Partners MSS Business Transformation Advisory National Bank of Arizona Newmark Northrop Grumman Pinnacle Bank Prologis RED Development Sunstate Equipment Company The Austin Company Trinity Capital Investments Union Pacific Railroad VanTrust Real Estate LLC WhiteHaven Champion Level Accelerator Level Investors Visionary Level As of May 20th, 2024 14 FY25 ACTION PLAN Connect. Engage. Listen. Share. 15 Engage with us year-round for timely updates on the innovative ways we’re advancing Greater Phoenix, together. Page 1 of 1 EXHIBIT B GPEC PERFORMANCE MEASURES FY 2025 Specific performance targets as established by the GPEC Executive Committee and Board of Directors: 1. Payroll Generated $421.10M 2. Total Number of Jobs Created 7,201 3. Total Number of High-Wage Jobs1 3,813 4. Average High-Wage Salary $70,235 5. GPEC Assists2 10 6. Number of Qualified Prospects 233 7. Number of Qualified International Prospects 43 8. Community Return on Investment3 23:1 Footnotes: 1. High Wage Jobs: High wage jobs are those that are over 130% of the Phoenix MSA Median Wage (currently $60,164). 2. GPEC Assists: Companies that located in the region, for which GPEC provided assistance, that do not qualify as a locate due to project size for example; and would otherwise be listed as “non-reported locates.” 3. ROI is calculated as a ratio of direct revenue from GPEC locates to all member communities divided by funding from GPEC member communities Page 1 of 3 EXHIBIT C TARGETED INDUSTRIES FY2025 GPEC and our member communities have identified targeted industries on a local and regional level, incorporating these industries into a regional economic development plan. For fiscal year 2025, GPEC will continue its emphasis on the following: Advanced Business Services; Aerospace & Defense; Battery & Energy Storage; Emerging Technologies; Healthcare and Biomedical; Manufacturing & Logistics; Mission Critical Operations; Semiconductor Ecosystem; and Software. Member communities will target the following: Apache Junction Manufacturing (focus on electronic equipment & components and electric & autonomous vehicles), distribution/logistics, retail, and hospitality/entertainment/tourism Avondale Healthcare; hospitality/tourism; manufacturing & logistics, technology; retail & entertainment; and technology Buckeye Advanced business services; renewable energy; high tech (data center and services); environmental technology/sustainability; standard and advanced manufacturing; medical and educational institutions; logistics/transportation/distribution; small business/incubator; aerospace/aviation; and ag-tech Casa Grande Advanced manufacturing; automotive technology; transportation/logistics; healthcare/medical services; aviation/aerospace; and hospitality/entertainment Chandler Advanced business services; corporate/regional headquarters; healthcare; advanced manufacturing; software development; aerospace/aviation; automotive technology; and applied research El Mirage Business Services; standard and advanced manufacturing; transportation; warehousing/distribution; heavy industrial; food, fiber, and natural products; and aerospace aviation Fountain Hills Assembly (small scale), biosciences, financial services, healthcare, hospitality, retail and start ups Gila Bend Clean technology (manufacturing/central station generation/R&D); warehousing/transportation/distribution; military supply chain; tourism/hospitality; standard manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and heavy industrial Gilbert Aerospace/aviation and defense; advanced business and professional services; finance and insurance; healthcare and education services; information communication technology; manufacturing; clean and renewable technology; and related corporate/regional headquarters Page 2 of 3 Glendale Advanced business services; aerospace, aviation and defense; healthcare and bioscience; manufacturing; technology and innovation Goodyear Advanced business services; advanced manufacturing; medical manufacturing; aerospace, aviation and defense; corporate and regional headquarters; entrepreneurial/start-ups; technology; healthcare and biomedical (treatment, medical diagnostics, research & development); and higher education Maricopa (City) Professional and business services; healthcare services; small business and entrepreneurship; higher education and education technology; agribusiness/agrisciences; and visitor/hospitality commerce; semiconductor; EV manufacturing; high tech; and research and development Mesa Standard and advanced manufacturing including medical device; research & development; automotive technology and aerospace/aviation/defense; advanced business services; cybersecurity; information technology; healthcare/life sciences; mission critical operations; tourism; regional and corporate centers; and climate tech Peoria Advanced business and financial services; aerospace/airport; advanced manufacturing; bioscience and healthcare; technology and innovation; innovation; and research and development Pinal County Advanced Manufacturing; Aerospace, Aviation and Defense; Electric Vehicle Technology & Manufacturing; Healthcare; Bio/Life Sciences; Transportation, Distribution & Logistics; Natural and Renewable Resources (Mining, Agriculture, Solar); and Tourism/Hospitality Phoenix BioSciences/healthcare; advanced business services; advanced manufacturing; sustainable enterprises; emerging industries, EV and their supply chains; higher education; trade and FDI; circular economy; food system entrepreneurship and innovation Queen Creek Advanced Manufacturing; agritainment/destination tourism; healthcare; I.T./software; and business services Scottsdale IT services and software; financial and insurance services and technology; healthcare services and innovation; logistics Management; tourism; and corporate headquarters Surprise Advanced business services; advanced manufacturing and rail-served industry; corporate/regional headquarters innovation/entrepreneurship/emerging technology; medical, healthcare and life science technologies, services; signature retail; specialty services for global companies/FDI; tourism and hospitality Tempe Advanced business services (financial services); high tech/software (R&D, data center and services); high-tech/next generation electronics; aerospace R&D/aviation; bioscience (research, drug development, Page 3 of 3 treatment, medical diagnostics); corporate/regional headquarters; sustainability (environmental); advanced materials/plastics; software as a service; clean tech, renewable energy and manufacturing Tolleson E-Commerce/fulfillment centers; resort/tourist-oriented development; expanded retail opportunities; small manufacturers with some related retail and offices Wickenburg Resort/tourist-oriented development; healthcare with an emphasis on behavioral health; transportation & distribution; expanded retail opportunities; senior industries, equestrian and rodeo industries Youngtown Youngtown is in the throes of developing a commerce park. The park will target second-stage small manufacturers with some related retail and offices. Page 1 of 1 EXHIBIT D FY 2025 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month, Year BUSINESS ATTRACTION PERFORMANCE METRICS: GPEC Progress Toward Goals Annual Contract Actual Goal % of Targeted Opportunities Goal YTD YTD Goal YTD KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES GPEC continues to target high-wage industries (Advanced Business Services; Aerospace & Defense; Battery & Energy Storage; Emerging Technologies; Healthcare and Biomedical; Manufacturing & Logistics; Mission Critical Operations; Semiconductor Ecosystem; and Software) PAYROLL GENERATED (MILLIONS) NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS AVERAGE HIGH WAGE SALARY QUALIFIED PROSPECTS QUALIFIED INTERNATIONAL PROSPECTS GPEC ASSISTS COMMUNITY RETURN ON INVESTMENT Page 1 of 3 EXHIBIT E INSURANCE REQUIREMENTS The City’s insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents, representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the City. 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/13 or any replacements thereof) General Aggregate/ per Project Products-Completed Operations Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability - Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page 2 of 3 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability a. The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of: activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. b. GPEC's insurance shall include broad form contractual liability coverage. c. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d. GPEC's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the City. 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice has been sent to City at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested. Page 3 of 3 E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" rating of not less than A-:VII. City in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency. F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice. City's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. City reserves the right to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. During the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the City prior to execution of this Agreement. Page 1 of 3 EXHIBIT E INSURANCE REQUIREMENTS The Town’s insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The Town in no way warrants that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents, representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the Town. 1. Commercial General Liability – Occurrence Form (Form CG 0001, ed. 10/13 or any replacements thereof) General Aggregate/ per Project Products-Completed Operations Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability – Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the Town. If not approved, the Town may request that the insurer reduce or eliminate such self-insured retentions with respect to Town, its officers, officials, agents, employees and volunteers. C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability a. The Town, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of: activities performed by or on behalf of GPEC, including the Town's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. Page 2 of 3 b. GPEC's insurance shall include broad form contractual liability coverage. c. The Town, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d. GPEC's insurance coverage shall be primary insurance with respect to Town, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by Town, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against Town, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the Town. 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against Town, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the Town. D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been sent to Town at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested. E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" rating of not less than A-:VII. Town in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency. F. Verification of Coverage. GPEC shall furnish Town with Certificates of Insurance (ACORD form or equivalent approved by Town) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted on the Certificate of Insurance. Page 3 of 3 All certificates and endorsements are to be received and approved by Town before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to Town at the address and in the manner provided in this Agreement for the giving of notice. Town's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. Town reserves the right to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. During the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the Town prior to execution of this Agreement. Page 1 of 2 Regional Cooperation Protocol Policy Greater Phoenix Economic Council and Economic Development Directors Team The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved. GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is important that they work together as partners on projects involving the communities which GPEC represents, regardless of the source of the lead, as follows: 1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC member communities, as a globally competitive region. 2. Maintain the highest standards of economic development prospect handling, including confidentiality, without jeopardizing a prospect’s trust to secure the probability of a regional locate. Partners agree to respect the prospect’s request for confidentiality but also agree to notify each other as to the existence of a project with a confidentiality requirement when able and shall make a good-faith effort to involve the appropriate state, regional or local partners at the earliest possible time. 3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in Maricopa County or in any of the communities that GPEC represents, understanding that GPEC is in a unique position to represent and speak on regional economic development issues and on characteristics of the region’s economy. Likewise, GPEC acknowledges that communities are in the best position to speak about local incentives and efforts surrounding the local economy. 4. For projects that originate with a GPEC member community, GPEC will be available for confidential research access, topical expertise or as a service provider, to add value to the community in securing the project. Additionally, GPEC will not e-track the project unless the community lead makes such a request to do so. 5. Provide accurate and timely information in response to specific requests by all prospects. When a client has narrowed sites to specific GPEC member communities, GPEC will make a good faith effort to inform those affected EDDT members first. EDDT members agree to provide information solely on their own community when the information requested is site-specific (i.e., cost of land, taxes, development fees, utility availability and cost, zoning process timing, permit timing and local incentives). When site-specific information related to other GPEC communities is requested, EDDT members agree to (i) direct GPEC prospects back to GPEC or (ii) direct non-GPEC generated prospects to contact the affected communities directly, and as a courtesy, contact the affected communities. 6. Agree that regardless of the lead source, public locate announcements shall be coordinated among the company, GPEC member community, and GPEC to reflect inclusiveness and cooperation of all partners (subject to any confidentiality requirements). 7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development agency, and champion sound statewide economic development programs and policies. 8. Discourage the proactive offering of local, municipal financial incentives for existing jobs to companies with current operations in another GPEC community. 9. Inform GPEC member community when a company visits or physical site visit within that community will occur. Economic Development Directors will be the primary point of contact for the company when community information is needed. 10. In the event that a project working with GPEC or any member community is discovered to have an Page 2 of 2 existing presence within the region, the member community will notify the economic development director of the project’s current home community, notwithstanding prohibition due to a non-disclosure agreement. 11. Agree that the consideration of a future community to GPEC’s membership will be brought before EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the addition of a new community to GPEC’s President and CEO. 12. Formalize a process to convene GPEC and Economic Development Directors of GPEC member communities biannually, and cooperate in the exchange of information and ideas reflecting practices, procedures and policies relating to prospect handling and regional economic development. 13. Work collectively to maintain a high level of trust and integrity by and between GPEC and the Economic Development Directors of GPEC member communities, utilizing differing views as an opportunity to learn. 14. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to ensure coordination and communication. 15. When a Prospect Information Form (PIF) is issued by the state economic development agency GPEC will coordinate the region’s response. All PIF submissions will be directed to GPEC’s attention and GPEC will assemble the response and return to the state economic development agency. 16. It is understood GPEC will or may host annual executour(s) and/or other marketing familiarization tour(s) to promote the regional communities. GPEC will make every attempt to provide as much interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC of any upcoming executour(s) and/or other marketing familiarization tours scheduled by their office. 17. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been observed in a material respect or a professional conflict arises that cannot be settled. This mediation process will be convened by the EDDT Chair, who may, at his/her discretion, consult or involve GPEC’s President and CEO in addition to others with topical expertise central to the conflict.