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a _ n CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT
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Date: 9/23/2020
Staff's Name:James Smith Department: Administration
Vendor's Name: Partnership for Economic Vendor Number:
Innovation
Received W9: ® Y ❑ N ❑ ALREADY IN SYSTEM
Business License#: Exp. Date: Click here to enter a date.
ACCOUNTING SUMMARY Org Object Project/# $
Accounting Code: DEDAD 6402
TBD(used for variety of different Choose an item.
things/departments/funds):
CONTRACT SUMMARY
Contract Number Assigned: 2021-018
Current Contract Total: $10,000 Owner's Contingency
(included in Current Contract
Total)
Total Contract Amount with
Renewals:
Brief Description of Service: Participation in the Smart Region Consortium
If Renewable: Choose an item. Total#of Renewals Max: Choose an item.
Contract Beginning Date: 7/1/2020
Contract Expiration Date: 6/30/2021
Budgeted Expenditure: ❑ Yes ® No
Budget Page#:
Approved by Council: ❑ Yes; Date: Click here to enter a ❑ No ® N/A
date.
Insurance Certificate provided: ® Yes ❑ No ❑ N/A
GRANT SUMMARY
Name of Grantee:
Grant Number Assigned: Resolution
Number:
Date Council Approved:
Revised 3/19/20
1
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AGREEMENT BETWEEN
THE PARTNERSHIP OF ECONOMIC INNOVATION
AND
THE TOWN OF FOUNTAIN HILLS
The TOWN of FOUNTAIN HILLS, a municipal corporation(the"Town"), has approved
participation in and support of the regional SMART REGION CONSORTIUM ("Consortium")
of the PARTNERSHIP FOR ECONOMIC INNOVATION ("PEI"), an Arizona non-profit
corporation. The purpose of this agreement ("Agreement") is to set forth the terms and
conditions upon which the Town will participate in and provide support to the Consortium in
exchange for the Consortium's services described herein.
WHEREAS,the Consortium shall be a public-private partnership that connects participating
governments with technology-based innovations to intentionally collaborate in solving the
challenges governments face in meeting the needs of their residents and to build the
infrastructure needed to position Greater Phoenix as a smart region. Additionally, the
Consortium will potentially yield many other benefits in that it:
LI Creates economies of scale by leveraging regional assets
0 Shifts some of the risk of smart city deployment from the Town to the Consortium
O Enhances services to residents
❑ Saves revenue for communities in delivering urban services
13 Increases ROI from interoperable technology deployment
a Reduces procurement costs through economies of scale and clearer requirements
C] Vets and implements technology faster through cooperative testing across the region
O Increases opportunity to attract and grow technology companies
fl Enhances the reputation of the region
U Reinforces the regional identity around people,place, and technology
0 Supports the local startup community
Now therefore, in consideration of the mutual covenants, conditions, representations and
warranties herein contained, and for other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereto agree as follows:
TERM
The term of this Agreement begins on July 151,2020 and expires on June 30th, 2021 ("FY2020-
21"). The term of the Agreement may be extended by up to one year by the Parties' written
agreement.
RESPONSIBILITIES OF THE CONSORTIUM
The Consortium was established on March 26`h, 2019 as for the Project Services Agreement
(EXHIBIT A)entered by and among Arizona State University(ASU),Greater Phoenix
Economic Council (GPEC), Institute for Digital Progress (IDP), Maricopa Association of
Governments(MAG)and the PEI.
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PEI will serve as the fiscal agent for the Consortium,and in this capacity,PEI will maintain all
financial records including documentation of billings and payments made in regard to this
project.PEI will ensure all billings and payments are consistent with the approved budget.
(EXHIBIT B)
The Consortium's governance structure includes a Smart Region Leadership Council,an
Industry Advisory Commission,and an Executive Team,each fulling its roles and
responsibilities as identified in the"Consortium Overview". (EXHIBIT C)
The Consortium will provide a voting seat on the Leadership Council for determination and
approval of the Smart Region Opportunity Projects according to community membership tier.
The Consortium will support the Town to identify challenges and opportunities that can improve
the quality of life for all citizens and businesses and drive the creation,advancement and
adoption of smart city technology throughout the Town and the region.
The Consortium will assist the Town to evaluate proposals and identify the most responsive,
viable responses for implementation of approved projects.
The Consortium will create and maintain a data portal to house,aggregate, analyze, and report
the results of projects agreed upon by the Leadership Council and within the parameters of
applicable data sharing agreements.
The Consortium will provide workforce development classes, innovation sandboxes,and
research support. Full details of the purpose and scope of the Consortium can be found in
EXHIBIT C attached to this Agreement.
RESPONSIBILITIES OF THE TOWN
Staff Support of Smart Region Consortium Efforts:
The Town shall support Smart Region Consortium efforts as follows:
o The Town shall provide representation on the Leadership Council.The
Leadership Council will be comprised of one voting seat for each Consortium
member community.The Leadership Council will serve as the voting council for
determination and approval of the Smart Region Opportunity Projects identified
through the call for innovation(See Exhibit C);
o The Town shall cooperate in the implementation of the Consortium's process to
identify and select Smart Region Opportunity Projects;
o The Town shall use its best efforts to respond to special requests by the
Consortium for information about the Town's Smart City&Region projects and
activities;
o The Town shall, at its sole option,deliver to the Consortium staff and Executive
Team copies of any Town-approved Smart City development strategies,work
plan,programs and evaluation criteria. The Consortium staff shall not disclose
the same to the other community and industry participants in the Consortium or
their representatives;
o The Town shall utilize good-faith efforts to cause the designated representative of
the Town to attend all events and functions to which the Town has committed
itself; and
o The Town agrees to cooperate with the Consortium to improve the Town's
adoption of smart city and smart region policies and technology consistent with
the Town's unique character and interest,thus advancing the Town's and region's
competitiveness, quality of life and job creation.
Recognition of Smart Region Consortium:
The Town agrees to recognize the Consortium as Town's officially designated regional entity to
coordinate, advise, develop and promote smart city initiatives and programs in the Greater
Phoenix region. This agreement does not preclude the Town from entering agreements with other
entities.
ADDITIONAL AGREEMENTS OF THE PARTIES:
Participation in Marketing Events
Representative(s)of the Town shall utilize good-faith efforts to cause the designated representative of
the Town to participate in the Consortium's marketing events provided that such participation
shall not be at the Consortium expense.
Provision of Technical Assistance
The Consortium will use its commercially reasonable best efforts to provide technical assistance
and support to Town staff for development and implementation of smart city projects.
Compensation
The Town agrees to pay$10,000 for services to be provided by the Consortium pursuant to the
Agreement during the fiscal year ending on June 30,2021, as set forth in this Agreement. This
amount is based upon the Town's population men from the 2018 Office of Economic
Opportunity population estimate, which listed the Town as having a population of 24,029.
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;
Nothing herein shall preclude the Town from contracting separately with PEI for services to be
provided in addition to those to be provided hereunder, upon terms and conditions to be
negotiated by the Town and PEE; and
PEI shall submit invoices for payment on an annual basis.The first invoice will be issued on July
1st, 2020.
Cooperation
The parties acknowledge that the Consortium is a cooperative organization effort among PEI, its
executive partners Arizona State University(ASU), Greater Phoenix Economic Council(GPEC),
Institute for Digital Progress(IDP), Maricopa Association of Governments (MAG) and its
member communities. Accordingly,the Town and PEI covenant and agree to work together in a
productive and harmonious manner,to cooperate in furthering the Consortium goals.
The Town agrees to work with all the partners and member communities, as necessary and
appropriate, to revise the performance measures,benchmarks, and/or goals for the Consortium.
GENERAL PROVISIONS:
Covenant Against Contingent Fees
PEI 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, at its discretion,to deduct the commission,
brokerage or contingent fee from its payment to PEI.
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.
Independent Contractor; No Agency
Nothing contained in this Agreement creates any partnership,joint venture or agency
relationship between the Town and PEI. At all times during the term of this Agreement, PEI
shall be an independent contractor and shall not be an employee of Town. Town shall have the
right to control PEI only insofar as to the results of PEt's services rendered pursuant to this
Agreement. PEI shall have no authority, express or implied, to act on behalf of Town in any
capacity whatsoever as an agent. PEI shall have no authority, express or implied,pursuant to
this Agreement to bind Town to any obligation whatsoever.
Indemnification And Hold Harmless
During the term of this Contract, PEI shall indemnify,defend,hold, protect and save harmless
the Town and any and all of its Councilmembers,officers and employees 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
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indirectly by the negligence,wrongful acts,omissions or from operations conducted by PEI,its
directors,officers, agents or employees acting on behalf of PEI and with PEI's knowledge and
consent.
Any party entitled to indemnity shall notify PEI in writing of the existence of any claim, demand
or other matter to which PEI's indemnification obligations would apply and shall give to PEI a
reasonable opportunity to defend the same at its own expense and with counsel reasonably
satisfactory to the indemnified party.
Nothing in this subsection 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.
Insurance
PEI shall procure and maintain for the duration of this Agreement, at PEI'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 PEI, its agents, representatives, employees or
contractors. The Town acknowledges that it has received and reviewed evidence of PEI's
insurance coverage in effect as of the execution of this Agreement.
Gratuities
The Town may,by written notice to PEI,terminate the right of PEI 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 in excess of twenty-five dollars were offered or given by PEI,
or any agent or representative of PEI,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 PEI available to the Town. Activities by an
officer or employee of the Town while engaged in official business with PEI, shall not be
deemed a gratuity.
Equal Employment Opportunity
During the performance of this Agreement,PEI agrees as follows:
o PEI will not discriminate against any employee or applicant for employment
because of race, color,religion,gender, sexual orientation, national origin, age,
disability, or any other legally protected status. PEI shall take affirmative action
to ensure that applicants and employees are treated without regard to their race,
color, religion, gender, sexual orientation,national origin, age,disability, or any
other protected class. Such action shall include,but not be limited to,the
following: employment, promotion, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. PEI agrees to
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post in conspicuous places,available to employees and applicants for
employment,notices setting forth the provisions of this nondiscrimination clause.
o PEI will,in all solicitations or advertisements for employees placed by or on
behalf of PEI,state that all qualified applicants will receive consideration for
employment without regard to race,color,religion,gender,sexual orientation,
national origin, age,disability,or any other legally protected status.
o PEI 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. Upon request by the Town, PEI shall provide Town with information
and data concerning action taken and results obtained in regard to PEI'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.
Compliance with Applicable Federal and State Laws Required
PEI understands and acknowledges the applicability of the Immigration Reform and Control Act
of 1986, the Drug Free Workplace Act of 1989 and the American 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.
PEI warrants to the Town that,to the extent applicable under A.R.S. §41-4401,PEI 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). PEI acknowledges that a breach of this
warranty by PEI 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 PEI or any subconsultant who works on this Agreement to ensure compliance with
this warranty.
The Town may conduct random verification of the employment records of PEI and any of its
subconsultants who work on this Agreement to ensure compliance with this warranty.
The Town will not consider PEI or any of its subconsultants who work on this Agreement in
material breach of the foregoing warranty if PEI 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).
The provisions of this section must be included in any contract PEI 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"services"are defined as furnishing labor,
time or effort in the State of Arizona by a contractor or subcontractor. Services include
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construction or maintenance of any structure,building or transportation facility or improvement
to real property.
Termination for Cause
Town shall have the right to terminate this Agreement if PEI 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 PEI 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, PEI 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 PEI incapable of providing the services required to be
performed hereunder,including,but not limited to,insolvency or an award of monetary damages
against PEI in excess of its available insurance coverage and assets,the Town may immediately
and without further notice terminate this Agreement.
Termination for Convenience
The Town and PEI agree to the full performance of the covenants contained herein,except that
the Town reserves the right,at its discretion and without cause, to terminate or abandon any
service provided for in this Agreement, or abandon any portion of the Project for which services
have been performed by PEI. In the event the Town abandons or suspends the services, or any
part of the services as provided in this Agreement,the Town will notify PEI in writing and
immediately after receiving such notice, PEI must discontinue advancing the work specified
under this Agreement. Upon such termination, abandonment,or suspension, PEI must deliver to
the Town all drawings,plans, specifications,special provisions, estimates and other work
entirely or partially completed,together with all unused materials supplied by the Town. PEI
must appraise the work PEI has completed and submit PEI's appraisal to the Town for
evaluation. The Town may inspect PEI's work to appraise the work completed. PEI will receive
compensation in full for services performed to the date of such termination.The fee will be paid
in accordance with this Agreement,and as mutually agreed upon by PEE and the Town.
However, in no event may the fee exceed the fee set forth in this Agreement.The Town will
make the final payment within 60 days after PEI has delivered the last of the partially completed
items and the Parties agree on the final fee.
Responsibility for Compliance with Legal Requirements
PEI'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.
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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
reasonable costs and expenses of such action, including reasonable attorneys' fees as may be
fixed by the Court.
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
Continuation During Disputes
PEI 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.
Town Review of PEI Records
PEI must keep all Agreement records separate and make them available for audit by Town
personnel upon request.
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: Grady E. Miller
Town Manager
gmmiller@fh.az.gov
16705 E. Avenue of the Fountains
Fountain Hills,AZ 85268
If to PEI: Stephan Frijia
Programs Director
sfrijia@azpei.org
1475 N. Scottsdale Road
Scottsdale,Arizona 85257
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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.
Transactional Conflict of Interest
All parties hereto acknowledge that this Agreement is subject to cancellation by the Town
pursuant to the provisions of A,R.S. § 38-51 l.
Nonliability of Officials and Employees
No member, official or employee of the Town will be personally liable to PEI, 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 PEI or successor,or on any obligation under the terms of this Agreement. No
member, official or employee of PEI will be personally liable to the Town, or any successor in
interest, in the event of any default or breach by the PEI or for any amount which may become
due to the Town or successor,or on any obligation under the terms of this Agreement.
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.
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.
Captions
The captions contained in this Agreement are merely a reference and are not to be used to
construe or limit the text.
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.
Disclosure of Confidential Information If Required By Law
This agreement allows the Parties to disclose Confidential Information,as defined below, to each
other under the following terms. In the opinion of the Parties to this Agreement: (1)the
Confidential Information is the proprietary property of the Parties and is strictly confidential and
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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 legally authorized demand,
including a public records request,that has the force of law. Prior to disclosure,the Town must:
1. Seek the highest level of protection available;and
2. Give PEI reasonable prior notice of the request for records and identify
responsive documents to allow PEI to seek a protective order, if such notice is
permitted under law.
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 eleven(I I)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—Operating Agreement
Exhibit B--Budget
Exhibit C—Consortium Overview
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 PEI, and all amendments hereto must be in writing and signed by the
appropriate authorities of the parties hereto.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of
,2019.
TOWN OF FOUNTAIN HILLS, a municipal
corporation.
By. y ..
IMP 4- . �r ^—
Grady E.Miller,T n :nager
ATTEST:
S /
BY: . . ir 11" kJ
Elizabet urke,Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson,Town Attorney
PARTNERSHIP FOR ECONOMIC INNOVATION,
an Arizona nonprofit corporation
By:
Dean Duncan, Executive Director
[Signature page of Agreement Between the Partnership of Economic Innovation and the Town of
Fountain Hills]
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EXIBIT A OPERATING AGREEMENT
Project Services Agreement
among
Arizona State University,
Greater Phoenix Economic Council,
Institute for Digital Progress,
Maricopa Association of Governments,
and the
Partnership for Economic Innovation
for the Smart Region Consortium
This Project Services Agreement ("Agreement") is entered into by and among Arizona State
University (ASU), Greater Phoenix Economic Council (OPEC), Institute for Digital Progress
(IDP), Maricopa Association of Governments (MAG) and the Partnership for Economic
Innovation("PEI")for the establishment for the Smart Region Consortium("Consortium").ASU,
OPEC, IDP,MAC,and PEI may be collectively referred to herein as the"Partners."
Recitals
A. The Consortium shall be a public-private partnership that connects local governments
with technology-based innovations to solve the challenges governments face in
meeting the needs of their residents and to build the infrastructure needed to position
Greater Phoenix as a smart region.
B. ASU, a public university, strives to advance urban and regional innovation to make
more inclusive, vibrant, resilient, and sustainable communities through its Center for
Smart Cities and Regions.
C. OPEC,a public-private partnership and nonprofit agency,strives to attract and grow
quality businesses and advocate for Greater Phoenix's competitiveness.
D. IDP, innovation-driven nonprofit agency serves all levels governments, technology-
driven companies,innovators and entrepreneurs.
E. MAG, a metropolitan planning organization and a council of governments, serves
Maricopa County and portions of Pinal County with a range of activities in areas such
as transportation,environmental quality,and human services.
F. Partnership of Economic Innovation, a nonprofit agency, strives to transform Greater
Phoenix into a top global market for innovation and technology, fueled by research,
industry and entrepreneurs.
G. Partners desire to work collaboratively to deliver the Project Services for the Smart
Region Consortium Project,under the terms and conditions stated herein.
Exhibit A-Page 1 of
Now therefore, in consideration of the mutual covenants, conditions, representations and
warranties herein contained, and for other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the Parties hereto agree as follows:
111. General Terms and Conditions of the Agreement
1. Scope.The partners shall provide the Project Services for the Project as further described
in the attached Exhibit A-Scope of Work.
2. Fiscal Agent.PEI will serve as the fiscal agent for the Smart Region Consortium,and in
this capacity,PEI wilt maintain all financial records including documentation of billings
and payments made in regard to this project.These records arc to be made available to the
partners listed in this Agreement within three(3)business days of request to review.PEI
will ensure all billings and payments are consistent with the attached"Budget"attached
hereto as Exhibit B.
Each Partner's Designated Representative shall review each invoice to approve the
invoices for payment. Invoices reviewed and approved for payment shall be paid within
thirty(30)days of submission to PEI.
3. Designated Representatives and Notices. The parties designate the following people to
serve as their Designated Representatives for purposes of initial communication regarding
the Project and to serve on the consortium's Executive Team. Changes to the designated
representation and all other notices or demands upon any party to this Agreement shall be
in writing,unless other forms are designated elsewhere,and shall be delivered in person
or sent by mail addressed as follows:
ASU:Sethuraman Panchanathan,EVP KED/Chief Research& Innovation Officer
300 E University Dr Suite 145,Tempe,AZ,85218
GPEC:Chris Camacho,President and CEO
2 N.Central Ave.Suite 2500,Phoenix,AZ 85004
IDP:Dominic Papa,Executive Director
515 E Grant St,Phoenix AZ 85004
MAG: Eric J. Anderson,Executive Director
302 N I"Avenue,Suite 200,Phoenix,AZ 85003
PEI:John W.Graham,Chairman of Board
1475 N.Scottsdale Road,Suite 211 B,Scottsdale,AZ 85257
Either party may,by written notice to the other,designate a different person or address for
the receipt of notices under this Agreement,without requiring an amendment.
2
Exhibit A-Page 2 of 6
Any written notice under this Agreement shall be deemed delivered and received on the
date of delivery, if delivered by hand,or three business days after the date of mailing, if
sent by mail.
4, Default:Remedies.
a. Default. An"Event of Default"by a Partner under this Agreement shall mean one or
more of the following: (i) any representation made in this Agreement by a Partner
was materially inaccurate when made or shall provide to be materially inaccurate;or
(ii) a Partner fails to observe or perform any material covenant, obligation or
agreement required of it under this Agreement after the expiration of all applicable
notice and cure periods.
b. Notice and Cure. Upon the occurrence of an Event of Default by any Partner,such
Partner shall, upon written notice from the other Partners, remedy such Event of
Default within thirty(30)days after receipt of such notice.
c. Remedies for Default.Whenever any Event of Default occurs and is not cured by the
non-performing Partner in accordance with Section 4(b)of this Agreement,the other
Partners shall proceed with mediation as provided in Section 5.If,after the forty-five
(45) day moratorium provided in Section 14(i) the Event of Default has not been
cured, the non-defaulting Partners may terminate the defaulting Partner from this
Agreement.
5. Mediation.In the event that there is a dispute hereunder which the Partners cannot resolve
between themselves,the Partners agree that there shall be a forty-five(45)day moratorium
on litigation during which time the Partners agree to attempt to settle the dispute by
nonbinding mediation before commencement of litigation. The mediation shall be held
under the commercial mediation rules of the American Arbitration Association. The
matter in dispute shall be submitted to a mediator mutually selected by the Partners.In the
event that the Partners cannot agree upon the selection of a mediator within seven(7),then
within three(3)days thereafter,Partners shall request the presiding judge of the Superior
Court in and for the County of Maricopa, State of Arizona, to appoint an independent
mediator.The mediator selected shall have at least five(5)years'experience in mediating
or arbitrating disputes relating to commercial development. The cost of any such
mediation shall be divided equally between Partners.The results of the mediation shall be
nonbinding on the Partners,and any party shall be free to initiate litigation subsequent to
the moratorium.
4. Attorneys'Fees and Costs.In the event of a breach by any Party and commencement of a
subsequent legal action in an appropriate forum,the prevailing Party in any such dispute
shall be entitled to reimbursement of its reasonable attorney's fees and court cost.
7. governing Law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the taws of the State of Arizona without regard to conflict of law
principles.
3
•
Exhibit A-Page 3 of 6
8. Severability. if any provision of this Agreement is declared invalid, illegal or
unenforceable, that provision shall be severed from the Agreement, and the remaining
provisions shall otherwise remain in full force.
4. Limited Liability. To the extent permitted by law, with regard to activities undertaken
pursuant to this Agreement, none of the parties to this Agreement shall make any claim
against one another or their respective instrumentalities, agents or employees for any
injury to or death of its own employees, or for damages to or loss of its own property,
weather such injury,death,damage or loss arises through negligence or otherwise.
To the extent permitted by law, if a risk of damage or loss is not dealt with expressly in
this Agreement,such party's liability to another party,whether or not arising as the result
of alleged breach of the Agreement,shall be limited to direct damages only and shall not
include any of lost profits or special, incidental,or consequential damages whether in an
action in contract or tort, even if the party has been advised by the other party of the
possibility of such damages.
10. Section Headings.The Section headings contained in this Agreement are for convenience
in reference only and are not intended to define or limit the scope of any provision of this
Agreement.
11. Implication. This Agreement shall not be construed to imply authority to perform tasks,
or accept any responsibility, not expressly set forth herein. This Agreement shall be
strictly constructed against the creation of a duty or responsibility unless the intention to
do so is clearly and unambiguously set forth herein.
12. Effective Date; Withdrawal. This Agreement shall be effective as of the date signed by
the last party hereto and remain in full force and effect until all stipulations previously
indicated have been satisfied,except that it may be amended upon written agreement by
both parties. Any party may withdraw from this Agreement upon furnishing the other
parties with a written notice at least thirty(30)days prior to the effective date of the desired
withdrawal date.
13. Conflict of Interest Statute. This Agreement shall be subject to the provisions of A.R.S.
§38-51 I.
14. Integration. Except as expressly provided herein, this Agreement constitutes the entire
agreement between the Partners with respect to the subject matter hereof and supersedes
any prior agreement, understanding, negotiation or representation regarding the subject
matters covered by this Agreement.
15. Modifications. This Agreement shall not be modified or extended except by written
instrument adopted by the parties to the Agreement.
16. Recitals;Exhibits.The Recitals to this Agreement are incorporated as if fully stated herein.
4
Exhibit A-Page 4 of 6
All references to this Agreement include all Exhibits designated in and attached to this
Agreement, such Exhibits being incorporated into and made an integral part of this
Agreement for all purposes.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement,
this day ofr 2019.
ASU (�
Name: ' - CA3Ar )/1'31 � '►J
(print)
Title; Cx6GU11 VC VtC — f ozG-CIP o" ~
(signature)
GPEC
Name: h C W.vr‘At:Eio
(print)
Title: LCD
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I1P
Name: rrC%
(print)
Title: �(eCCl 1Ve V\ CQC\O(`
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Exhibit A-Page 5 of 6
(signature)
MAG ,r
Name: 4,e v. i��-r c.t 0r4-f
(print) ;2
(si fire)
PEI
Name:
(print)
Title:
(signature)
6
Exhibit A-Page 6 of 6
Exhibit A-page 1
EXHIBIT B - DRAFT BUDGET
DRAFT:Greater Phoenix Smart Region Consortium Funding Allocation-General Funds
Item Year 1 Year 2 Year 3 Total 3-Yrs
Personnel
Program Manager(I.0 FTE) $90,000 $94,500 $99,225 ( $283,725
Program Coordinator(1 FTE) $45,000 S47,250 $49,613 $141,863
Fringe Benefits $40,500 $42,525 $44,651 $127,676
Personnel Total 5175,500 5184,275 S193,489 5553,264
OPEX
Computer Equipment S7,500 $2,500 $2,500 5/2,500
Consumable material $8.000 S15,000 515,000 538.000
Web Dev $15,000 $5,000 $5,000 $25,000
Visualization and collaboration equipment rental $10,000 $10,000 , $10,000 S30,000
Operational Overhead and Maintenance $61,612 $58,567 $59,720 $179,899
OPEX Total 5102,112 $91,067 $92,220+ $285,400
ConjerencelTravel/Marketing $30,000 530,000 $30,000 $90,000
Regional Reverse Pitch Program(Event) $ - $50,000 S50.000 $100,000
Regional Reporting/Best Practice Sharing/Smart Region $ - $50,000 $50,000 $100,000
Spec Book Development
Grant Application Management/Facilitation S - $30,000 $30,000 560,000
Professional Services(Consulting) 5375,000 $200,000 $200,000 5775,000
Cooperative Purchasing Agreement Development $ - $25,000 $15,000 S40,000
Branding $75,000 $100,000 $120,000 S295.000
Reserves $67,387 $64,658 $44,291 S176.336
Total Implementation Budget S825,000 _ 5825,000 S825,000 52,475,000 I
Exhibit B-page 1
EXHIBIT C: CONSORTIUM OVERVIEW
Greater Phoenix
Smart Region Consortium •
Building the wvorld's Brost innovative and connected region
Together, through a public private partnership, the Greater Phoenix region has made a
commitment to developing the smart communities of the fit u•e.
Join us as we build the world's smartest and most connected region through unprecedented,
intentional collaboration.
Partnership Support:
Partnership for Economic Innovation I Arizona State University I Maricopa Association of
Governments I Institute for Digital Progress I Greater Phoenix Economic Council
Communities across the globe are deploying technology to compete globally, accelerate
solutions to real challenges facing their residents, and enhance the quality of life and well-being
,for all residents and businesses. Communities that fail to adapt risk becoming part of the digital
dustbowl.
Introduction
Around the world,cities have been experimenting with new technologies to solve many challenges
associated with mobility, congestion management, citizen well-being and health, and service
accessibility to vulnerable segments of the population and at-risk neighborhoods.These cities that
have implemented technology solutions not only to reduce the cost of providing access to quality
services,but also to enhance revenue and spur economic development.Over time,these cities have
come to understand that it is not a single project that makes them smart,rather it is the process of
using technology to continually improve government efficiency, enhance citizen well-being and
solve complex problems.
Globally, cities are engines of economic growth with capacity and tools to enhance regional and
national competitiveness. Cities are challenging conventional thinking and capitalizing on new
opportunities by making intentional long-term investments. Consequently, cities across the globe
are striving to become the next premier"smart city,"engaging in a new kind of 2 century arms
race to be crowned the premier smart city in the world. However, a single smart city without the
ability to connect itself to the surrounding region cannot optimize its comparative advantages.
The Greater Phoenix Smart Region Consortium ("Consortium") is a process and framework
anchored upon the region's collaborative nature and its civic institutions. The Consortium is
Exhibit C-page 1
designed to ensure that all the communities across the Phoenix Metropolitan region have the tools
and skills necessary to evolve and prosper in the new digital age.The Consortium's objective is to
empower Greater Phoenix communities to build the nation's largest and most connected Smart
Region, bolstering local economies with smart development and policies rooted in connectivity,
mobility, equity and sustainability. Reaching beyond municipal jurisdiction limits, it enables
communities to implement smart city solutions that are interconnected, seamless, affordable and
interoperable.Through data and analytics,the Consortium will guide cities on their path to enhance
resident quality of life and maximize their resources.The Consortium will work in Greater Phoenix
because the region has a legacy of collaboration.
Why Greater Phoenix?
The Greater Phoenix region, consisting of two counties and more than 30 unique communities, is
one of the fastest growing economic centers in the United States(U.S.). Since 2000,the region has
added more than 1.3 million residents. This growth has led Maricopa County to become the 4`1'
largest county in the U.S. and Phoenix to grow to the 5`1' largest city. With an economy of nearly
$243 billion per year, the region is home to multiple leading research institutions, nerve center
operations for many Fortune 500 companies and a strong emerging tech scene. The region's
growth both in terms of population and economy are predicted to remain well above the national
average over the next five years. This growth, combined with a robust legacy in semiconductor,
electronics, and aerospace design and manufacturing, makes the region an ideal location to
develop, test and implement the next generation of city-focused embedded technologies.
Additionally, business and municipal leadership across the region understand that technology is
an effective tool for handling the rapid changes they are experiencing.
Stronger Through Intentional Collaboration
Many of the problems facing modern cities are not geographically bound; and solutions that are
simply won't solve them. The understanding that modern problems require intentional,
collaborative actions drives the need to work together across jurisdictions to develop solutions at
a regional scale. Additionally, intentional collaboration yields many other benefits:
0 Creates economies of scale by leveraging regional assets
❑ Shifts the risk of smart city deployment from the city to the Consortium
0 Enhances services to residents
C Saves revenue for communities in delivering urban services
C Increases ROI from interoperable technology deployment
C Reduces procurement costs through economy of scale and clearer requirements
C Vets and implements faster through cooperative testing across the region
C Increases opportunity to attract and grow technology companies
C Enhances reputation of the region
C Reinforces the regional identity around people, place, technology
C Supports the local startup community
Exhibit C-page 2
Regional Transformation
Deployed correctly, technology can connect residents, tourists,customers and businesses to their
neighborhood and community.The ability to seamlessly move from the office to a lunch meeting
to home to happy hour, can change people's perception of where they live, work and play. High
connectivity is rapidly becoming an expected norm.Young-adults who grew up in a digital world
expect their community to embrace the digital age;and seniors are not only embracing technology,
but they are integrating it into their caregiving roles, augmenting their mental fitness routines and
managing aspects of their health with it. For the communities in the Greater Phoenix region, this
means that they need to rethink and transform every aspect of the urban form and how services are
delivered to every demographic segment and across geographies.
This need for a regional transformation was first envisioned by the Partnership for Economic
Innovation — a passionate collective of community, business and opinion leaders, dedicated to
fulfilling the economic potential of Greater Phoenix and implementing a strategic economic
acceleration plan, Velocity, to transform our economy into a global force for innovation and
technology. The Velocity plan calls for supporting innovation and making intentional investment
into the factors that drive economic competitiveness. The Smart Region Consortium further
supports this transformation by allowing the region to intentionally invest in solutions for regional
opportunities and threats that will enhance resident and business quality of life,driving sustainable
growth.
The Greater Phoenix Smart Region Consortium Structure
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Exhibit C-page 3
The Consortium is a collaborative research and implementation partnership between public sector,
academia, industry and civic institutions to drive the creation, advancement and adoption of smart
city technology to improve the quality of life for all citizens and businesses within our
communities. Participating in the Consortium means committing to become an innovative region
that intentionally collaborates on issues that impact the quality of life and well-being for all
residents and businesses.
Through participation, partner communities will be provided the tools to cultivate internal and
external innovation, employ data-driven decision making, and bring smart city initiatives from
blueprint to reality. Built from the strategies and lessons from smart cities across the globe, the
process and framework of the Consortium is designed to:
Transform the Greater Phoenix region into a global leader in public-sector
governance and private sector innovation to support sustainable, resilient,
healthy and equitable communities and neighborhoods.
Consortium Governance
RESIDENTS NEEDS OPPORTUNITY
AND CHALLENGES LEADERSHIP COUNCIL PROJECT TEAMS EXECUTIVE TEAM
® Drives the creation Q Determines ®+ Develop plan to ( Manages the
of opportunity which projects deploy or research/ process and
projects to focus on test solutions provides support
The Consortium will be housed at the Partnership for Economic Innovation (PEI) and governed
by the PEI Board of Directors and its bylaws. PEI was established in 2016 as a 501(c) 3 nonprofit
organization with the mission to create a world-class economy through awareness, resources and
action and to facilitate new collaborative initiatives between public sector, industry, and higher
education around solving problems with global impact and addresses market needs.
The Consortium's governance structure will include a Smart Region Leadership Council, an
Industry Advisory Commission, an Executive Team and Opportunity Project teams.
Leadership Council
The Leadership Council will be comprised of one voting seat for each Greater Phoenix Smart
Region Consortium member community, as well as one seat for each of the Consortium founding
members: PEI, Arizona State University (ASU), the Institute for Digital Progress (iDP), the
Greater Phoenix Economic Council (GPEC), and the Maricopa Association of Governments
(MAG). Meeting monthly, the Smart Region Leadership Council will serve as the voting council
for determination and approval of the Smart Region Opportunity Projects.
Non-member communities that are a part of the Greater Phoenix region will be invited to attend
and participate in Leadership Council functions and meetings.
Exhibit C-page 4
Executive Team
The Executive Team will monitor the financial health of the Consortium, track performance on
key metrics, and lead the process to ensure that the short-term and long-term Smart Region goals
are being met and will report to both the Leadership Council and PEI Board of Directors. The
Executive Team includes include ASU's Center for Smart Cities and Regions' (CSCR) Co-
Director Diana Bowman,iDP Executive Director Dominic Papa, OPEC President and CEO Chris
Camacho,MAG Director Eric Anderson,and an annually appointed community representative.
Industry Advisory Commission
The Industry Advisory Commission will consist of private industry partners who will serve as
technology and implementation advisors. Members from the Industry Advisory Commission will
attend Smart Region Leadership Council meetings and be included on applicable Leadership
Council communications but will not have voting rights for determination and approval of the
Smart Region Opportunity Projects.Industry members will be expected to provide valuable insight
and advise to the Leadership Council. Examples of the insights and support the Industry Advisory
Commission is expected to provide include:
0 Assisting the Leadership Council in defining short-term and long-term goals
Cl Advise in defining success metrics
0 Identify and provide expert assessment on technological best practices
0 Provide technical advisory support
El Provide research support
Opportunity Project Teams
Opportunity Project Teams(OPT) will be made up of subject matter experts,city representatives,
researchers and private-sector stakeholders, with the singular goal of finding or developing an
appropriate solution for the identified and approved opportunity project or regional challenge via
"Open Calls for Innovation" or other means as necessary. These are selected from among the
Consortium's community, industry and academic partners, but it might include other outside
experts at the discretion of the Executive Team. These teams will be responsible for drafting the
open call for innovation, as well assist in identifying projects requirement and resources needed to
implement such projects.
Funding Structure
The Consortium is funded through industry, community, university and grant funding. The
Executive Team is recruiting public and private-sector members based on a tiered membership
structure.
Industry Partners
For industry partners, the Consortium will offer a three-tiered industry membership plan with a
three-year membership commitment. Founding Partner membership fee is $100,000 annually,
Strategic Partner is$25,000 annually and the Supporting Partner membership$10,000 annually.
Exhibit C-page 5
Industry Membership Dues:
Membership Tier Annual Membership
Founding Partner $100,000
Strategic Partner $25,000
Supporting Partner $10,000
Industry Membership Benefits:
Industry Benefits Founding Strategic Supporting
Partner Partner Partner
Industry Advisory Commission X X -
Leadership Council meetings X - -
Industry-led research opportunities X X X
Opportunity to develop and test smart region X X X
technology in partnership with ASU*
Host and teach workforce development classes X X -
Open data from smart region programs and pilots X X -
Co-development opportunity for related X X X
technology research
Co-produce research papers X X X
Access to world-class interdisciplinary team of
ASU faculty,researchers, the faculty network, X X X
and students from engineering, law,business,
sustainability and public policy
Logo inclusion on marketing materials X X X
*May be tested with an individual community at their discretion
Community Partners
Each community partner is requested to make a commitment to support the Consortium for a one
year with an option to renew for an additional two years based on performance in order to enable
multi-year,community-driven research projects. Contracts for the Consortium will be renewed on
an annual basis.The membership fee is determined by community size. Each Consortium member
will have representation on the Smart Region Leadership Council.To foster regional participation,
some communities may also elect to participate in Council meetings as an observer at no costs but
will not have voting privileges. Observing cities will be able to participate in cooperative
procurement but will not receive any of the other benefits listed in the table below.
Community Membership Dues:
Membership Tier Annual Membership
Large—Population greater than I million $75,000
Medium—Population less than 1 million and greater than 100,000 $25,000
Small—Population less than 100,000 $10,000
Exhibit C-page 6
Community Membership Benefits:
Community Benefits Large Medium Small Non-Member
Voting Seat on Leadership Council X X X --
Leadership Council meetings X X X X
Community-lead research opportunities X X X --
Support developing a core team X X X --
Member discount for workforce training 15% 10% 5%
Open data management from smart X X X --
region programs and pilots
Support establishing an innovation X X X
sandbox
Support deploying pilots X X X --
Co-operative procurement X X X X
Logo inclusion on marketing material X X X --
Best-practice result access X X X X
Access to Consortium resources X X X
including the digital platform
University Funding
Leadership at ASU is committed to supporting technology adoption, research and development,
and testing on their campus and in their community. As part of this commitment,ASU has agreed
to provide $1 million in funding to support the CSCR's work programs to develop capacities to
anticipate, design, experiment, iterate, and manage emerging technologies to meet public needs
and implement specific actions.
Grant Funding
The Consortium will continue to seek out and participate in grant opportunities to bring further
investment and funding into the Greater Phoenix Smart Region. The federal government,as well
as many large corporations, allocates capital in the form of grant money to be used for the
expansion of smart city initiatives every year. The Consortium optimally positions the region to
mobilize resources and expertise required to successfully compete for grant opportunities.
The Consortium Process
Regional Convening
The Consortium will convene regional leaders from cities,towns,community partners and industry
to collaboratively unlock the power of smart city technology.The purpose of regional convenings
are to create alignment on opportunities, challenges, research priorities and procurement, and to
share results. Regular convening will happen on a quarterly basis. These regular convenings will
support the Leadership Council discuss and determine the Consortium's priorities, how
opportunity projects will be measured,where testing and scaling will take place and other matters.
Exhibit C-page 7
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During the initial months of the Consortium,convenings will be held as necessary until consensus
on the vision,roles and responsibilities of all parties is achieved.
Regional Opportunity Projects
Opportunity projects are agreed upon opportunities or threats that the region wants to collectively
work towards solving over the next five years. These projects are determined through the
convenings and are voted on by the Leadership Council. If approved,a dedicated OPT will develop
"Open Calls for Innovation" which will be issued by the Consortium for applicants to submit
proposals addressing the needs of the challenge statement. The OPT will study the responses to
the open calls and provide recommendation to the Leadership Council.
The OPT will be responsible for determining if an Opportunity Project can be addressed with off-
shelf technology or by technology that requires additional research and development to meet the
specific community needs.The OPT will be responsible for moving the solution through a process
that includes research, validating & testing, result sharing, implementation, and scaling. In order
to meet regional requirements, the solution may go through multiple iterations.
Each opportunity project will conclude with a public report, including guidelines and
recommendations for procurement, adoption and implementation at scale, which will be part of a
Smart Region Spec Book. Associated data will be made available to Consortium members and the
public.
Additionally, the OPT may recommend that a specific Opportunity Project might be well-suited
for solution crowdsourcing and for engaging the broader entrepreneurial community with reverse
pitch events managed and hosted by the Consortium, in partnership with iDP.
Creating a baseline
The first step to becoming a smart region is developing an understanding of our communities'
common problems. In order to begin building this understanding CenSCR and iDP have entered
into a strategic partnership to create an initial baseline assessment(the Smart Region Analysis and
Digital Roadmap, or SRADR) of the region's strengths, weaknesses, opportunities and threats
related to smart city technology.The SRDR will result in a report that the Leadership Council will
use to determine the baseline and initial inventory of potential opportunity projects. Communities
will be able to use this report as a starting point to help build buy-in for intentional collaboration
on smart city opportunities and challenges.
Research
Communities and OPT, in partnership with ASU and industry, will create a portfolio of research
designed specifically to support and advance the needs of the Greater Phoenix Smart Region
Consortium. Where appropriate, pilot programs will be initiated on ASU campuses or within
participating communities. In order to use this research to drive economic development and
support the region's innovation ecosystem, a formalized seed funding program will be established
by CenSCR around this portfolio of work and as needed will be financially supported by individual
Consortium members. At its core, the research and seed funding are designed to ensure that smart
Exhibit C -page 8
city technology researched through the consortium is built with input and feedback from the
communities. It will not be a platform to promote technology in search of a problem.
Processes to Evaluate and Select Research Initiatives for Seed Funding
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Validation& Testing: Piloting
In order to support the development of technology built from our community's needs, the
Consortium will work with iDP to establish innovation sandboxes to test technology that originates
from the consortium. The first sandbox will be located on the ASU campuses. Communities and
industry partners in the Consortium may elect to co-develop an innovation sandbox,but it will not
be required to pilot technology that is developed through the Consortium. Communities that elect
to designate a geography as an innovation sandbox for piloting smart city technology can opt to
be supported by iDP and it will bear its implementation costs.
Technology that concludes with a successful pilot will be reported to the Consortium by the OPT
overseeing it. These will inform the Smart Region Spec Book and will be ready for scaling,
regional adoption and procurement.
Additionally, the Consortium will welcome proposals from entrepreneurs, innovators and private
sector businesses that seek to utilize the region to propose new proof of concept, and to test and
develop new smart city technologies which they believe will improve the quality of life for the
citizens of Greater Phoenix. Because the solution may involve new technology, processes, and
policies,public training may be required to implement and scale the technology successfully.
Competency Framework Development
The Consortium will work with member communities to build a smart city core team within their
community to effectively and efficiently implement and scale recommended solutions. The
purpose of the core team is to allow the community to be more agile,break down department silos
and pave the way for digital transformation. A core team allows for a more effective way to
communicate and mobilize resources for smart region projects. The core team will serve as the
main point of contact within the community for the Consortium and will be relied upon to
champion and carry out the smart region and smart city initiatives.
To ensure that the core teams and city departments have the skills required to successfully deploy
and scale smart city solutions,the Consortium,via iDP will offer regularly three training programs
Exhibit C-page 9
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focused on leadership, technology, deployment and management. The outcome of the training
programs is to enable easy and seamless technology adoption within each community.Consortium
members will have access to preferred and discounted member-rates.
The Academy for Smarter Communities
The Academy for Smart Communities (TASC) is designed to teach high-level government
employees strategic foundations and tactics for leading their communities through the smart city
process.
Networking Academy
The Networking Academy is aimed at strengthening and building the technical skills required to
operate and maintain new technology solutions.
Deployment and Management Academy
The Deployment and Management Academy(DMA)is aimed at providing deployment and
management skills required to manage the implementation and scaling of solutions.
Implementation & Solutions at Scale.
By developing solutions from the beginning with a region-wide scale,proven solutions that emerge
from the Consortium process will be ready for implementation across the region.
Cooperative Purchasing Agreement Program
The Consortium is planning to work with state agencies to develop a cooperative purchasing
agreement. This agreement will allow communities to reduce procurement costs and deployment
timelines while abiding by all federal, state and local statutes. Communities will benefit from
greater purchasing power, economies of scale, administrative savings, interoperability across the
region,as well as an accelerated opportunity for solutions to scale across the region.
Data
Because all data generated through pilots and scaling is public domain, it will be shared using a
smart region portal in accordance with all relevant federal, state and local statutes on privacy,data
and security.This portal will be managed and maintained by MAG.For more than 50 years,MAG
has been a trusted community partner in maintaining regional datasets. MAG will continue to
provide the same trusted service for smart region data.For communities that elect to provide MAG
data from their smart region pilots and deployment, MAG will provide support and coordination
to serve as a data repository,analyze the data and disseminate the analysis.However,communities
may elect to build and maintain their own portal without participating in the regional portal.
Access to online tools will be granted to all community members where pilot programs and
regional initiatives status and data will be viewable, along with the CenSCR research initiative
findings. Additionally, iDP has partnered with Marketplace.city to provide the Consortium
communities access to a database of solutions, vendors with verified projects and pilot
implementation results from across the globe.
Exhibit C-page 10
Notwithstanding anything else herein, data generated through any activity on ASU property will
be solely owned by ASU. ASU will have sole discretion on the use of such ASU data, including
whether or not to share such data publicly.
Smart Communities Network
iDP has partnered with multiple other smart communities across the country and globe through the
Smart Gigabit Communities and Sister Cities Exchange Programs and will bring these
relationships to the Consortium. Many of these communities are facing similar challenges and
would benefit from the solutions being developed within our region.The Consortium will educate
technology solutions providers on what worked in the Greater Phoenix region to build better
solutions for communities across the network.
Best Practice Sharing
The Consortium will provide resources to coordinate and facilitate best practice sharing across
Greater Phoenix and with industry partners.This will be done through Smart Region Spec Books.
These books will be developed in partnership with industry, OPT and the Consortium Executive
Team. These spec books will serve as a collection of technology-focused reference material,
accessible to all communities, and will serve as a tool for future procurement. These books will
also create a baseline level of requirement for technology adopted to help promote interoperability.
The Consortium will publish an annual progress report and review,detailing the outcomes of the
Consortium and summarizing the outcomes of each Opportunity Project.Finally,at the conclusion
of each year, the Consortium will host a Greater Phoenix Smart Region Symposium in one of the
member communities, where all partners will be invited to highlight some of the most beneficial
smart region initiatives,review the progress of the past year and plan for the following years.
Exhibit C-page 11