HomeMy WebLinkAboutC2021-019 - Greater Phoenix Economic Council•
40�4,�AIN4„,,
pi
CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT
o —
a
that is Pa`l
Date: 9/23/2020
Staff's Name:James Smith Department: Administration
Vendor's Name: Greater Phoenix Economic Vendor Number:
Council
Received W9: ® Y ❑ N ❑ ALREADY IN SYSTEM
Business License#: N/A Exp. Date: N/A
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: 2021-019
Current Contract Total: $11,863 Owner's Contingency
(included in Current Contract
Total)
Total Contract Amount with
Renewals:
Brief Description of Service: Regional economic development services
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
k
s:r" <¢Fgf` b r atr r 'rc;:'� y a^ r Mr g, .it C dP'j`, .4'4Crs'y3 ,.'r n" , w r, r`' „g n, r
ahay�i tia; � a
s z,. ? 1
,� ,
AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE TOWN OF FOUNTAIN HILLS
Town Contract No. aO a 1 -D)1
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 1,2020 -June 30,2021 ("FY2021").
NOW, THEREFORE, in consideration of the mutual promises contained herein, the TOWN and GPEC
agree as follows:
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
4 primarily a local issue.
3. GPEC will support its member communities'efforts to retain and expand existing businesses
4 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
Pian 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 1 of 10
Notwithstanding the foregoing, the Town acknowledges and agrees that OPEC 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 ("OPEC 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 31,2020.
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:
I. 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 2 of 10
6. In order to enable OPEC 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 $11,863.00 for services to be provided by GPEC pursuant to the
Agreement during the fiscal year ending on June 30, 2021, as set forth in this Agreement.
This amount is based on $.4897 per capita, based up on the 2019 Office of Economic
Opportunity population estimate, which listed the Town as having a population of 24,225.
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 31,2020,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 N.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 3 of 10
together in a productive and harmonious manner, to cooperate in furthering GPEC's goals
for FY2021. 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 FY2022 contract.
3. The Town agrees to work with GPEC during FY2021 to develop a revised public sector
funding plan, including a regional allocation formula for FY2022, 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 4 of 10
F. INSURANCE:OPEC 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 (I)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.
IL 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
OPEC,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
perfonned 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. 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,OPEC is
in compliance with all Federal Immigration laws and regulations that relate to its employees
Page 5of10
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 a-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.
5. 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.
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
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.
Page 6 of 10
�`"`v asp"' ✓� ;�`� ✓ � as Q; / t w,. � msxa.�ar,.
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: Mr.Grady Miller
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 OPEC: 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.
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
Page 7 of 10
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 seg.,(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
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
Page 8 of 10
Y,=
r;;,z(�1'�'�*s�rS^`�n4u'i, ,:., r ,in✓te+re e _ ? nC:a.,. _ .. n r.wirws-txw9.-.^s+„ .w�+.....«. _ �.... .,.,, _ ,�. s.._ _. _.
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 PAGEI
Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of
c,�P+zw,b,e,r ,2020.
TOWN OF FOUNTAIN HILLS,a municipal corporation
Mr.Grady E.Miller
By: IS,13 4 4r►+...-y
Its: Town Manager
ATTEST:
By:
Eli Beth e
Town Cle
APPROVED AS TO FORM:
Aaron D.Arnson
Town Attorney
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona non,rofit corporation
By: 17 ,(i2-*/
Chris ams‘cho
President&Chief Executive Officer
Page 10 of 10
.. ... „_
• . - -,/,.. A, \...-.;-.7,--.7...-- .1,,--- ,--:--F;- :- ------ :- . . ,
... ... _
--- - - - - - .
".``i'!"--- % .^:1.. .-.,,--- • ^,--,x-..,••—7'. • '
-!*,„ --v 5 rc;ri."... .,':,: -'-: !
7:- — - 7 .. ..
1(
• '_.,- 17-444.-,..14-,4V--- ,-4.2`. . '47...". -....- .i.,.' '+44--'.e- :-.
0.- .,
.4.:,41 .. r' 1-;.t,-ta"'IT'' 1 --* i' 1:..',-, 7... --.4r --''.1,,-.."--1't."1 ..' ••••=7
''''''."'''''' "e :'- •'-',....44-',:".3,_.,:- , i --:•::; .•`'.....•" ':-' - -.-.1.77..
,."- t,„,...;..- 7 Ay', ',„•'''''t.',„tf,-_ ',-1 N
* ..'-.‘v3:.]-'--:.:1.-7".-.-"--•.,„;,'1::::t'-.-.':.-,1-'1.''r1i'.`T;7_3.i.i.-p.-_o-0.I-f P-- ,-:.'7,--:,-,71..„:....7:-,ce..,1..=.,..7,-1;14A, -•,,,i.r•..;,.-,4,w--1;.'-,0-.A."„--:-,*--6.ti
.i -.--\T--71.-141'E-11-1.-::e.7 7::l e"4••4.:A'-„-.r:_-''.,.s.',-.1-h:"e..'-._;'"..•'-'1:'._..',-:..-.',:'...',::.,:1'.1..-,, a,2.'t.-*',..'e c.C,..l..-....-,-*:..—•4,-„;4..'.
-
11 . - ::- . .,.l:1 V - 14
..'-
4
-1
‹ef - • kJ , . a
Greater PPnixEconomic Council -, !aft
1
_....:
.... .• . ,.,.
.,- INCA
,..,,,, :,,,,,
MP
v417.*,, _ „
tip' ():i f 1 1 ( -----)1 ri. ,,
1-
I ''' - L t . ---
ri .
.
1
1 -,
,..„,;11' ;-- •.ti,,,,,,,,,,,,,jt„:".;,,..",•„.::',,,_,,...1•7...
FISCAL YEAR 9,0 21 1
' ' 1 • ' i
' ' - auk •
Cr"444:-44;. ,
• .-, ,
. ,
. .
. .
i , . •. •
,„,.!.. ..
-' —
its*':**;',f*
, * ,
, f*
, ,,* '7,,•,;
ig*.',.•' - 1
-**e-,
,., .,*r... ...,41.
. - - -
. .. i
e7 ,, ., ;'' :: ,.." 1 /11-: i i
wil,,=3 Greater Phoenix
Viol / Economic Council
,..,'
1..
,e-
Our Mission A letter from
To attract and grow Chris
quality businesses, Ca m a ch Q
and advocate for President & CEO, Greater Phoenix Economic Council
Greater Phoenix's
competitiveness. 2020 was a year unlike any other seen before.At the beginning of
FY20,we celebrated our 30th anniversary by unveiling our brand
refresh and instituting a new tagline, "Greater Phoenix,Greater
Together".This message very quickly took on extraordinary
significance not long after,as the world was altered by the
COVID-1 9 virus and the economic crisis that followed.To rebound
from this crisis, it is more important than ever for the region to
work together.
Greater Phoenix is uniquely positioned to rise out of this economic
downturn thanks to the collaboration and collective vision of our
regional partners.Coming out of the last recession,the region
pivoted to a more diversified industry base which laid a foundation
for us to now build on.The current economic climate presents us
with an opportunity to drive the region to a more resilient future.
{
x The tactics set forth in this Action Plan will move us towards
that future.We will continue to construct our data science
k
toolkit to expand our capacity to target leads and prospects.
iA We will amplify our brand message through creative digital
t storytelling strategies.We will design policy proposals that
drive a modern economy.We can only do this with strong
.,_ stakeholder support.
The work won't be without its challenges.However,I
believe this organization and its stakeholders are
equipped to handle anything.We will move
forward to a brighter future for the residents
and businesses in this region because we
are Greater Phoenix,Greater Together.
imp;
.;k: •s rya 3 r�2F�.ffi xwJ«, „.%�r ,!„a£wz n „,ti.�hr'yr,„�`,P'' ta�a,;:' `"$,t'o„v„a�aa�.
�. ..,_. ,.. ._ ..W.... .,-
4"
v`
� F
r
11
bucinesser
in tnis
vt.�
,Fefe r-41
Greater
Greater
Together.
.z:r.::�.' ,. `"'i5's':•Sep-,:-' :, -...�««.�...,�, __._,...._.�.._
Slfbtegic
•
• Er
FY21 marks the second year of
GPEC's current strategic plan. The
FY20-22 Strategic Plan outlines a
vision whereby GPEC will support
the transformation of Greater
Phoenix into a place where all
businesses and residents can
create their own success through
programs that target equity,
innovation and quality jobs. This
will be accomplished through two
overarching goals that drive the
organization forward:
5 Greater Phoenix Economic Coubcr!
;., , .r ` s ,.X�" ,a .: .. .. _ ,w,++ ,.W.4.,�.'.,�,, s ram.. ,.,•�;.;.,:.
s
r.
„4
fir`
Goal #1
Redefine regional economic
resilience and competitiveness Starts with
competitiveness
to meet 21st century challenges ..9
and opportunities.
Goal #2 •
Demonstrate what it means to •
Building a •
be a best-in-class economic sustainable if
development organization. •
economy
The tactics and milestones Maintains Grows with
outlined in the FY21 Action Plan stability business
through market attraction
demonstrate the activities GPEC intelhyrance
will undertake to achieve its '.. .........
Strategic Plan goals.
Action Plan FY2t 6
Tactics
GOAL #0 1
Elevate the GPEC and Greater Phoenix
brand regionally, nationally and globally
In FY20, GPEC unveiled its brand refresh, uniting the region around the Greater
Phoenix, Greater Together message. In FY21,the organization will amplify that
message through the creation of a new regional storytelling platform that will
communicate the Greater Phoenix value proposition to audiences around the
world. GPEC will also share this message to the broader economic development
community by hosting the 2021 IEDC Leadership Summit.
Tactics: Milestones:
• Enhance investors'and communities'access to
•GPEC resources that supports their business Implement a central repository of data,
available online for investors and communities
efforts to have access to regional information
• Share the Greater Phoenix story with the •broader economic development community Host the 2021 IEDC Leadership Summit
• Explore the creation of a new regional media
• Communicate the Greater Phoenix value platform
proposition regionally,nationally,and globally
• Drive an increase in leads that benefit Greater
• Enhance GPEC's digital presence to reach Phoenix
target demographics
Evaluate a reputation platform to • Research tools to evaluate market sentiment
• managementand contact partner organizations to determine
determine market sentiment
best practices
• Consolidate client journey data points • Implement a business intelligence tool and
to further evaluate marketing tactics for evaluate data to generate actionable tactics,
automation
improving GPEC's engagement with clients
Strategic Plan Objectives:
G Elevate the brand identity using new G Create an enhanced and efficient
forms of media to deepen reach into
stakeholder engagement model
targeted markets
7 Greater Phoenix Economic Cou+ic'f
GOAL #02 ,
rwl
grow and quality businesses through C 1
established programs and new models .. xp _.
In this time of economic uncertainty, GPEC will deploy new strategies to foster economic
activity, increasing outreach to direct prospects. GPEC will continue to focus on its core
business development efforts through engagement with key brokers and site selectors.
Building off a successful campaign at the 2020 Waste Management Phoenix Open,the
organization will engage with venture capital firms to increase their knowledge of the
Greater Phoenix market.
Tactics: Milestones:
• Develop touch points with prospects and • Surpass contracted jobs and prospects
leads in targeted industry sectors with a focus on targeted industry sectors
• Provide general market knowledge to • Generate strategic industry knowledge
GPEC locates and maintain relationship for
I • Conduct outreach to key brokers,site
engagement with prospects
selectors and other prospect sources • Convert leads to prospects and
prospects to locates
• Engage with venture capital firms to
demonstrate the value of GPEC services • Increase the number of capital-backed
deals in Greater Phoenix
Strategic Plan Objectives:
Eli Expand tools and processes to create new Utilize market and industry
top-line metrics that increase outcome intelligence to drive economic
driven collaboration and coordination diversification and resilience
Action Plan FY21 8
GOAL #03 ����.
Drive the region forward through enhanced
research and data analytics capabilities
Research and analytics drive every business decision. GPEC will remain on the cutting
edge of economic development in focusing on new and innovative data solutions
by expanding its data science capabilities and by providing customized research
solutions to investors, communities and other stakeholders. Enhanced industry use
cases and market intelligence reports will demonstrate the value proposition of
Greater Phoenix's core industries.
Tactics: Milestones:
• Boost the effectiveness of GPEC's industry use • Enhance content for existing use cases and
cases in demonstrating Greater Phoenix's value
create new use cases for industries identified in
proposition targeted industry analysis
• increase knowledge of new and emerging • Complete market intelligence reports that
industry trends detail the past,present and future evolution of
• Expand the use of state-of-the-art analytical industries in Greater Phoenix
and automated platforms to systematize • Provide meaningful,accurate and timely
tailored recruitment efforts information to stakeholders
• Increase leads and prospects through
marketing automation,analytics,predictive
targeting and active lead,prospect and key
account monitoring
• Optimize the organization's tools,databases
and resources
Strategic Plan Objectives:
U Promote initiatives that 1 Utilize market and industry ✓
reinforce there region as a G Deepen internal
9 intelligence to drive expertise and upgrade
place to test,launch and economic diversification
research&analytics
advance innovation
and resilience capacity
9 Greater Phoenix Economic Council
GOAL #04
Promote stakeholder engagement
through meaningful content
GPEC's investors propel the region as a dynamic place for business. GPEC will engage
investors with meaningful content through its Ambassador program, providing opportunities
to learn about the region's industries and sharing key messaging points to ensure the region
is aligned on critical issues.To grow its investor base, GPEC will continue the relationship
with companies that located to Greater Phoenix to demonstrate the ongoing value of the
organization.
Tactics: Milestones:
• Complete a comprehensive assessment • Create multiple touchpoints within each
of contacts within each investor and investor company and member community
member community • Increase retention of Certified Ambassadors
• Empower Certified Ambassadors to • Continue the conversation with locates by
become advocates for GPEC's mission continually staying in contact,in partnership
• Maintain an ongoing relationship with with the community
locates by engaging them with investor • Create an Ambassador event series focused
base around the organization's targeted industries
• Develop meaningful content to engage • Share key messaging points about the region
GPEC's Ambassador network with GPEC Ambassadors to increase alignment
about topics critical to the region
4
Strategic Plan Objectives:
l Increase and diversify GPEC's financial Create an enhanced and efficient
resources in alignment with regional priorities stakeholder engagement model
I
Action Plan FY21 16
GOAL t u
Build a resilient economy through
comprehensive planning that focuses on
inclusion, diversity and equity
a y
Developing a modern economy is now more important than ever.GPEC will
implement a recovery plan to rebound from the current economic downturn, building
an economy that is more resilient while focusing on key issues of equity and inclusion.
Working closely with member communities,the organization will build up key
commerce corridors in the region to support continued economic activity.
Tactics: Milestones:
• Support community placemaking through • Use the Community Partnership Program to
existing,emerging and future commerce engage member communities in implementing
corridors best practices to support
pport employment corridor
• Promote the ongoing efforts of The Connective, growth
Greater Phoenix's new smart region initiative • Increase collaboration between business,
• Focus on issues of equity,inclusion and universities and communities to develop
resilience to ensure Greater Phoenix grows in a Greater Phoenix as a smart region
sustainable manner • Complete an analysis around equitable
• Educate the federal delegation on issues development and measure relevant society
important to Greater Phoenix metrics
• Advocate for the region's competitiveness ▪ Develop and implement a recovery plan to
restart the Greater Phoenix economy
• Conduct the biennial Washington,D.C.mission
• Support policy proposals around P-20
education,workforce,infrastructure and other
critical economic development areas that drive
a modern economy
Strategic Plan Objectives:
G Promote initiatives that reinforce the region G Change the paradigm among community
as a place to test,launch and advance and civic leadership to one that prioritizes
innovation education,job access and intentional
G Develop regional resilience programs long-term investment into drivers of
P g competitiveness
11 Greater Phoenix Economic Council
_..._.-...-..-..�, w ..-.w..i.`...'M.si�+itl'm4�Y+'iYwmlxvem- it i. ka .. i ..i ..wwra+s.a✓dvw«` v'"°'
COAL #06
Be a leader in economic development
through relentless commitment to r:
avoimmum
organizational culture and The GPEC Way
The organization is committed to a core set of values known as The GPEC Way.
These values drive GPEC to be on the cutting edge of economic development.
Through this,the organization will invest in staff and resources through
professional development, increased knowledge management and streamlined
operational processes.
Tactics: Milestones:
• Mitigate organizational risk through • Implement best practices in data security
improved data management • Increase organizational transparency in
• Streamline internal operational processes internal operations
• Support professional development • Increase managerial and functional
opportunities for staff through internal expertise across all staff
and external industry and managerial • Recruit and retain staff with an
training and credentialing established presence in Greater Phoenix
• Enhance knowledge management and nationally
between departments • Create a playbook for each department
• Foster an environment that leads to a • Maintain its position as one of the
smart and healthy organization nation's top EDOs
• Understand and develop the ideal • Analyze and evaluate key internal and
metrics for organizational performance top line metrics
Strategic Plan Objectives:
S Deepen internal expertise Ci Earn regional and national S Cultivate a world-class
and upgrade research and recognition as a leader in organization that exemplifies
analytics capacity effective regional governance The GPEC Way
Action Plan FY21 12
FY21 ,,..,,,....„.„.....„.....,„
't" '-'4.'M � �
etr� cs .
GPEC calculated metrics for FY21 based on '
historical performance including recent trends ..Y., _'•'-
in prospect activity during the economic crisis. ,. ,
The organization will revisit these metrics with "' J'.
the Economic Development Directors Team in
Q2 of the fiscal year once the full impact of the
COVID-19 virus on the economy is known.
FY21 Proposed
Contract Target Stretch
Payroll (in millions) $340.62 $378.46
$416.31
Jobs 6,125 6,806 7,486
- High Wage Jobs 3,075 3,417
3,759
Average High Wage Salary $59,113 $65,681
$72,249
Qualified Prospects 206 229
252
- Qualified International Prospects 34 38
42
GPEC Assists 10 12
14
13 Gteater Phoenix Economac Council
, `/ ` ..
Budget Overview
"Approved "Approved "YOY "YOY
INCOME: FY 2021" FY 2020" Var.S" Var.%"
City/County Contract Revenue $2,753,988 S2,717,713 S36,275 1%
Pledge Revenue 2,662,875 3,146,900 (484,025) (15%)
New Pledges 175,000 350,000 (175,000) (50%)
In-Kind Contributions 126,750 253,500 (126,750) (50%)
Special Events&Programs 181,400 150,000 31,400 21%
Sponsorship Income - 55,000 (55,000) (100%)
Grant Income 769,783 324,550 445,233 137%
Other Income 1,320 1,320 - 0%
TOTAL INCOME 56,671,116 56,998,983 5(327,867) (5%)
EXPENSES:
Business Development $502,217 $449,600 $52,617 12%
Marketing&Communications 625,157 492,000 133,157 27%
Research&Analytics 234,646 249,300 (14,654) (6%)
Engagement 158,023 152,500 5,523 4%
Strategy&Regional Initiatives 323,620 362,900 (39,280) (11%)
Operations 427,773 607,200 (179,427) (30%)
Personnel 3,651,791 3,828,500 (176,709) (5%)
Facilities 681,090 682,100 (1,010) (0%)
Special Events&Programs 394,563 629,550 (234,987) (37%)
TOTAL EXPENSES 56,998,880 57,453,650 5(454,770) (6%)
NETINCOME/(LOSS) S(327,764) S(454,667) S(126,903) (28%)
Action Planl FY21 14
s' ilif :*
a ; rf s' f r x c ,# ;s''� 1 sa f i a a �. i t d� 1' +4 ' ter ; .ffi i l its ,
s
if
iFi
.a.:
�
, ,
,.......,_
GPEC Investors
As of May 2020
Chairman's Council Corporate Council
el aps £ 4RLI L
E CHASE 0
diveiplimie
apisC 0
. WELLS
GO
Executive Council
] '� Arizona State ii BANK,4&WEST coppersDANot
w"U.71tk University BHP PARIBAS MARiCOPA
Y'b1f7TR(}JIRti'1Ci COMMUNITY COLLEGES
National Bank KUDELSK1 GROUP R O G E R S VE RSUM.
CORPORATION
tlATtletAL5
Directors Council
• Acronis SCS • CIT Bank • Highnoon g On O Financial
• Alliance Bank of Arizona • Cousins Properties • Honeywell Y Perkins Coie LLP
• American Airlines • Creighton University • insight • Phoenix Suns
• Arizona Coyotes • Cypress Office Properties • Intel Corporation
• Pivotal Group
• Arizona Diamondbacks • Desert Financial Credit
Union • Johnson Carper • PNC Financial
• Ballard Spahr • Kitchell
•• O gnity Health Quarles&Brady
• Bank of America • Knight-Swift Transportation
• DM8 Associates P • Republic Media
• Banner Health • Lyft
•• BBVA • Empire Southwest Sherman&Howard
•
• M Culinary • Snell&Wilmer
• Benchmark Electronics,Inc. Ernst&Young
• Freeport McMoRan Inc. • Maracay Homes • Squire Patton Boggs
• Brookfield Residential • Mayo Cl nic
•
• Goodmans Interior University of Phoenix
• CBRE •
Structures • MrdFirst Bank
• Valley Metro
• CenturyLink • Goodwill of Central Arizona • Morter+son
• Weitz Company
• Chicanos Par La Cause • Grand Canyon University • Oaktree Capital
Management
15 Greater Phoenix Etonornlc Council
Leadership Council
• Adolfson&Peterson • Crescent Crown Distributing • JLL • Southland Industries
Construction • Crown Realty& • Layton Construction • Southwest Airlines
• Aerotek Development • Lee&Associates • Southwest Gas Corporation
• Aetna • Cushman&Wakefield • LGE Design Build • Spencer Pane LLP
• American Express • Davis Architecture • Heritage Homes • Sunbelt Holdings
• Archicon Architecture • Deloitte • MST Solutions • The Plaza Companies
• Arizona Israel Technology • Deutsch Architecture Group • Nationwide Realty Investors • Transwestern Commercial
Alliance • DPR Construct on Services
• Newmark Knight Frank
• Blue Cross Blue Shield of • El Dorado Holdings • Tratt Properties
Arizona • Northern Trust
• EmployBridge • Tuft&Needle
• Bridge Relocation • Okland Construction
Concierge • Equality Health • University of Arizona
• OneAZ Credit Union
• Bryan Cave Leighton - Gammage&Burnham • USAA
• Opus Development
Paisner LLP • hardison/downey Company • Van Trust Real Estate LLC
• BRYCON Construction construction • phoenix Ch'Idren's Hospital • Veregy
• Caliber Companies • Haydon Building Corp • Renaissance Companies • ViaWest Group
• Celgene Corporation • Hensley • Saint Holdings • Wespac Construction
• Colliers International • Hines • Savills-Studley • Wexford Science+
• Commonwealth Land • Holualoa Companies Technology
• Silicon Valley Bank
Title National Commercial • IMEG Corp • Wrllmeng Construct on
Services • Skanska
• IntraEdge • Wet Office Products
• Cresa • SmithGroup
• JE Dunn Construction
Ambassador ---
• Acronis • Cancer Treatment Centers • Macerich • RED Development
of America• A r Products and Chemicals • Merit Partners • Ryan Companies US Inc
• Carvana •• Arizona Community Midwestern Un versify • SLM Land Holdings
Foundation • CBIZ • MSS Technologies • SocialTelevision Network
• Atmosphere Commercial • CoStar Group • OnMedia • Sunstate Equipment
Interors • ExecHO Company
• Ottawa University
- Avnet Inc. • Industrial Storage • Union Pacific Railroad
• Phoenix Relocation Source Company
• BNSF Railway • Jokake Construction
• Prestige Accommodations • Wonolo
• BOKFranc.al • KTAR
• Prologs
Action Pla-, Pvt 16
Member r, =r- .t. � ,� . ', .,..h y %,'
Comm .
unities• - --Y
Maricopa Count •r, �, ,,
y < .,. .Yr ,.-- .-...:.�,'. ,s� _ 1,.},�_�^r.-- tom- fir,,:. �_*_ "" *�'-
Apache Junct on.. .. l'.c;,,, a e .f r 7, _ �, >
• ,x
e
AP a c-h e l=' I M ,- I ,; ,- A
` .��.;_ r �_ � � .. �p•�� •...7 t , eta '� ,�
tea.— ,, „. ,_ 7 -
BU k@ ems` z ; - 1•r 3 fit`.-,, S'�Z^."r
,,.. . . ..,��,,,,.�;_ye ,r^ -? s , -! ' - ram' Y ,Y
`- Casa Grande AL., ..*'.E '' Y. r /N . , ,�� ,.� { #
Chandler t 16 .,; ,�
El Mirage - =,•ryrrf . IpT #W .i
Fountain Hills4'1 N 'r, j
Gila Send iir , -n fit,.r,,,z "'..., <r ," ' 111
j""* a.Gilber# t':,'4:-'. ;; . r.,,,r ",�
Glendale ' t u` .. �" 1I ^IN*IA
1"4are
Goodyear a , 1 I , tr�.rA`�„""�
Maricopa pug s I� '�� � `'rar + . 4� ���l4�
Anal im,
Mesa ' i "' ; ::1IiP' ,, „ Li"
Phoenix ,, - �«
Queen Creek �' t " otl
E �" Avirsio Mq4
Scottsdale , t ..,
# # i,
Surprise .
v t
Tempe
_ . r 1 • v a
Tolleson
Wickenburg
h4 z r fir. k
Youngtown $; *
.,
x Greater Phoenix
Economic Council
2 N.Central Ave.Suite 2500,Phoenix,AZ 85004 602.256.7700 gpec.org
.�,, aN✓nPr. �,a xS&.m.��.svwee«,w'Gw ,::'`� .wid,�'a^..3#,tn1^'r✓Si s/ n�� ,.;'�
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2021 t
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated S340.62M
2. Total Number of Jobs Created 6,125
3. Total Number of High-Wage Jobs' 3,075
4. Average High-Wage Salary S59,113
5. GPEC Assists' 10
6. Number of Qualified Prospects 206
7. Number of Qualified International Prospects 34
Footnotes:
I. FY21 performance measures will be reevaluated by GPEC staff and community Economic Development Directors in Q2 of
FY21 due to possible business development impacts from COVID-19.
2. High Wage Jobs:High wage jobs are those that are over 130%of the Phoenix MSA Median Wage(currently$49,370).
3. 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«vuld otherwise be listed as"non-reported locates."
Page 1 of 1
y
�'
._._ 'w�N
Pa--.
is
.ksA.
y re"'.x,..., f u e-v. 6.,,.Savor„',✓.inrluaa�a :.4Ylm.',nn,.w.w. ... ,.e+<,n.w.mw
EXHIBIT C
TARGETED INDUSTRIES
FY2021
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 2021,OPEC
will continue its emphasis on the following: Advanced Business Services;Aerospace&Defense;
Emerging Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical
Operations;and Software
Member communities will target the following:
Apache Junction
Business services;standard and advanced manufacturing;regional and corporate centers;medical
institutions and/or associated satellite operations;mining support facilities;resort/tourist-oriented
development;expanded retail opportunities;and high-density residential
Avondale
Financial business services;manufacturing; amateur sports;tourism and hospitality;healthcare/medical
services;emerging technology and innovation;and corporate regional headquarters
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; advanced manufacturing;software
4 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
Advanced business services(professional,technical,and scientific services including finance and
insurance);healthcare,medical,bio-life sciences and wellness;medical and educational institutions;arts,
entertainment and recreation;and retail
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
4 heavy industrial
Page 1 of 3
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
Glendale
Advanced business services;aerospace,aviation and defense;healthcare and bioscience;manufacturing;
technology and innovation
Goodyear
Advanced business services;advanced manufacturing and logistics;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
Mesa
Standard and advanced manufacturing including medical device;technology and
aerospace/aviation/defense;advanced business services;cybersecurity;information technology;
healthcare/life sciences;mission critical operations;tourism;regional and corporate centers;and research
&development
Peoria
Advanced business services;high technology(data centers,R&D);life sciences and healthcare
technologies;advanced medical services;advanced and standard manufacturing;clean technologies
research and manufacturing;entertainment and tourism
Phoenix
BioSciences/healthcare;advanced business services;advanced manufacturing;data centers;sustainable
enterprises;emerging industries;higher education;trade and FDI
Queen Creek
Agritainment/agribusiness;healthcare and biotechnology;higher education;software and information
technology;and manufacturing
Scottsdale
Bio-life sciences;advanced business services;technology and innovation(including ICT and
entrepreneurship/emerging enterprises);higher education;hospitality/visitor trade and commerce
Surprise
Advanced business services;advanced manufacturing and rail-served industry;corporate/regional
headquarters innovation/entrepreneurship/emerging technology;medical,healthcare and life science
technologies,services;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,
treatment,medical diagnostics);corporate/regional headquarters;sustainability(environmental);
advanced materials/plastics;senior industries;clean tech,renewable energy and manufacturing
Page 2 of 3
Tolleson
E-Commerce/fulfillment centers;resort/tourist-oriented development;expanded retail opportunities;small
manufacturers with some related retail and offices
Wickenburg
Standard manufacturing;transportation&distribution;rail services; mining support facilities;healthcare
and medical(emphasis on behavioral healthcare); senior industries;tourism and filmmaking(location
shooting);resort/tourist-oriented development;equestrian entertainment;and expanded retail operations
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 3 of 3
_, m. �_ _ _..,�
,,.
�_ _,� . .u,_ __ '�`
s°
�`
„ ,... t;,.pis`m x"W.,.<Fw?d' _�, .s t.�4A�'h`us f Sdb a� ,.1✓.,., vj, -rvs7,6.1, ^ter:J,l,„ �.-:.'-"wa or�.4�+s'"�;,7`r�T..
EXHIBIT D
FY 2021
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report- Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal "•o of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
AVERAGE HIGH\VAGE SALARY
QUALIFIED PROSPECTS
QUALIFIED INTERNATIONAL PROSPECTS
GPEC ASSISTS
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
GPEC continues to target high-wage industries(Advanced Business Services;Aerospace&Defense;Emerging
Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical Operations;and Software)
Page IofI
El
0
a
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 OPEC 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 1 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 OPEC'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 2of3
t" �' "k..t»z;
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 3of3
1
.fi
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,OPEC acknowledges that communities arc 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,OPEC 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 OPEC 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 OPEC 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. Agree that the consideration of a future community to GPEC's membership will be brought before
Page 1 of 2
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.
11. 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.
12. Work collectively to maintain a high level of trust and integrity by and between GPEC and the
Economic Development Directors of OPEC member communities,utilizing differing views as an
opportunity to learn.
13. When conducting market intelligence initiative objective,GPEC staff will coordinate with EDDT to
ensure coordination and communication.
14. 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 OPEC's attention and
GPEC will assemble the response and return to the state economic development agency.
15. It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization
tour(s)to promote the regional communities. OPEC 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.
16. 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
OPEC's President and CEO in addition to others with topical expertise central to the conflict.
Page 2 of 2