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HomeMy WebLinkAbout2014 06.30 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,June 30,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-339 Presentation and discussion by staff and Superstition Mountain Promotional Corporation (SMPC) representative on SMPC's request to dedicate the rodeo arena in memory of Gary Mulholland. The SMPC, in accordance with park dedication policy, request that a plaque be placed at the entryway of the rodeo arena to honor and recognize Mr. Mulholland's significant volunteer effort. The Parks and Recreation Commission supports this proposal and recommends approval. Presentation and discussion. Sponsors: Nick Blake Attachments: Resolution 13-12.PDF Park Naming Policy.pdf 2. 14-311 Presentation and discussion with representatives from the Greater Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for economic development services in an amount of $21,600.00 and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors. Presentation and discussion. Sponsors: Janine Solley Attachments: cover memo GPEC contract renewal FY14.15 Apache Junction Community Benefits Report 2014- FOR EMAI Apache Junction FY15 Complete v2 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Work Session Agenda June 30,2014 3. 14-322 Presentation and discussion on Arizona Department of Revenue (ADOR)and Arizona League of Cities and Towns Agreement obligating funds for development of software functionality and services related to implementation and compliance with transaction privilege tax simplification legislation and retroactive authorization of payment to ADOR in the amount of$3,120.00 for online portal modification costs. Sponsors: Donna Meinerts Attachments: HB 2111 League Agreement FINAL D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 2 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. �Pii File ID: 14-339 Sponsor: Nick Blake Agenda Date: 6/30/2014 Index: In Control: City Council Work Session Presentation and discussion by staff and Superstition Mountain Promotional Corporation (SMPC) representative on SMPC's request to dedicate the rodeo arena in memory of Gary Mulholland. The SMPC, in accordance with park dedication policy, request that a plaque be placed at the entryway of the rodeo arena to honor and recognize Mr. Mulholland's significant volunteer effort. The Parks and Recreation Commission supports this proposal and recommends approval. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO . 13-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY . WHEREAS, on or about May 3 , 1988, the Apache Junction Parks and Recreation Commission recommended to the Mayor and City Council adoption of the "City of Apache Junction Community Services Department Facility Operating and Procedures Manual " ( the "Policy" ) ; and WHEREAS, on or about May 11 , 1988 , pursuant to Resolution No . 88-02 the Mayor and City Council voted to approve the recommendation; and WHEREAS, the Policy, contains a "Naming of Parks" section, among other provisions; and WHEREAS, on or about October 1 , 2012 , the Parks and Recreation Commission recommended to the Mayor and City Council amendments to the Policy (the "Amended Policy" ) ; and WHEREAS, the amendments are entitled "Parks, Areas and Facilities Naming/Dedication Policy" , the stated purpose of which is to establish a systematic and consistent approach for the official naming and dedication of parks , recreation areas and facilities ; and WHEREAS, certain changes came about due to citizen interest in establishing a means to acknowledge individuals or groups supporting the park system; and WHEREAS , the Amended Policy includes a provision that sets forth a "Dedication Criteria" , which is intended to recognize and honor individuals or groups contributing to the park system and may be dedicated in memory, or honor of individuals or groups . WHEREAS, dedications are accomplished by placement of a plaque at a facility describing how the individual or group supported the parks and recreation program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : RESOLUTION NO. 13-12 PAGE 1 OF 2 1 ) The attached Parks, Areas and Facilities Naming/Dedication Policy be adopted. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF MAY 2013 . SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY 2013 . J,_',VHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY / City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-12 PAGE 2 OF 2 PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE: The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities. OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or groups. DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department, owned or leased by the city for the public benefit. RESPONSIBILITY: It is the responsibility of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography and the environment. Naming may also be based on a financial contribution made by an individual, family or group. 1. Acceptable criteria for names of parks, recreation areas and facilities are as follows: A. The proposed name describes the geographical area where the facility is located. B. The proposed name describes something specifically unique to the Apache Junction area (flora, fauna, geology, historical or cultural descriptive terminology). C. The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land, donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park.The value of volunteer time does not apply to this criterion. 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development. 3. The naming of a parks, recreation areas and facilities may be done in conjunction with the community or neighborhood that will be served.This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups. 4. Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA: The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in memory, or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8"x 10"for minor amenities and 28"x 32"for major amenities. 1. Acceptable criteria for dedications of parks, recreation areas and facilities are as follows: A. Dedications are encouraged to be in the form of facility improvements or enhancements. B. Dedications may be in recognition of outstanding service that benefits the City, substantial donations or significant contribution to the facility or Parks and Recreation Department. C. Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department. D. Individuals or groups sponsoring(nominating) a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque.The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones. E. Dedications of minor amenities (trees, benches, etc.) shall be handled administratively by the Parks and Recreation Department. Dedications of major amenities (buildings, sports fields, etc.) shall be approved by the Parks and Recreation Commission and City Council.The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department. PROCEDURE: The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2. Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy.When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department. Written documentation of approval by next of kin (if available) is required as part of the proposal. City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission. 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City. 6. In the absence of any naming/dedication request, the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. Piz File ID: 14-311 Sponsor: Janine Solley Agenda Date: 6/30/2014 Index: In Control: City Council Work Session Presentation and discussion with representatives from the Greater Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for economic development services in an amount of$21,600.00 and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors. Presentation and discussion. The City of Apache Junction joined Greater Phoenix Economic Council (GPEC) in 2007 and has consistently renewed its membership each year as a member community contracting for economic development services, including national and international business recruitment services and targeted marketing, research, competitive analysis and prospect management for commercial/industrial-type (i.e. non-retail) prospects within city limits. This is a renewal of the contract for those services for another year. The total contract amount for this year's renewal is $21,600.00 which is based on a standardized population-driven formula. In addition, the city seeks reappointment of Councilmember Jeff Serdy as the city's representative to the board. City of Apache Junction,Arizona Page 1 Printed on 611512026 O�PP AC HE✓�2� A L) Z City of Apache Junction q R►Z O N P Economic Deveropment Department DATE: June 17, 2014 MEMORANDUM TO: The Honorable Mayor & City Councilmembers MEMORANDUM THRU: George Hoffman, City Manager MEMORANDUM FROM: Janine Solley, Principal Econ Dev Specialist SUBJECT: GPEC contract Renewal FY14/15 Since Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007 we have benefited from a number of services the organization provides its community members. These include; access to a staff research section, an annual multi-million dollar marketing campaign and direct marketing to site selection consultants and target industry prospect, as well as the traditional qualified `lead generation' and prospect management activity. In this past fiscal year, GPEC initiated a REIT/Developer strategy to assist communities with limited existing inventory, continued to provide educational and industry intelligence opportunities through their Ambassador program, and remain committed to advocating for sound economic development practices in the State of Arizona. Most notable may be their leadership in the Velocity initiative which intends to increase the output of engineering students that can make Arizona more competitive for high-paying jobs. AJ-GPEC `Return-On-Investment' calculates an 11:1 ROI when viewed over time. Our participation in and association with GPEC likewise opens doors for staff to interact with other ED-peers and site selection professionals that it would be extremely difficult if not impossible for staff to do on our own. This year's GPEC renewal is in the amount of $21,600.00 and staff once again recommends approval. Voice (480) 982-8002 •Fax (480) 982-7018 • TDD (480) 983-0095 www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 Greater Phoenix ECONOMIC COUNCIL Investing in GPEC I City of Apache Junction Community Benefits Report The Greater Phoenix Economic Council (GPEC) is a performance-driven, public-private partnership. GPEC partners with the City of Apache Junction, Maricopa County, 22 other communities and more than 170 private- sector investors to promote the region's competitive position and attract quality jobs that enable strategic economic growth and provide increased tax revenue for Apache Junction. GPEC and our partners help Apache Junction Revenue Return (5-Yr Trend): 11:1 increase the quality and quantity of transactions in the Apache Junction Investment region by: Funding Request for FY15: $21,600 • Marketing industry- (AZ Dept of Administration 2013 Population) specific business cases to Previous Funding for FY14: $21,186 showcase our competitive (AZ Dept of Administration 2012 Population) advantages. • Expanding prospecting activities in California and other domestic markets. Driven Results The City of Apache Junction benefits from site location projects and • Securing international GPEC activities that occur across the region. investment. • Economic development projects create value by generating public • Capturing opportunities in and private revenues. emerging technology • Commute patterns and retail studies show that employees of around solar and `locates' live and spend their incomes in all Greater Phoenix healthcare. communities. Thus, when a company selects a Greater Phoenix location, all communities benefit with increased tax revenues. • Connecting prospects with • 386 jobs region-wide' for Apache Junction residents from GPEC- local R&D expertise. assisted locates • Addressing gaps in the market such as speculative buildings, Return on Investment(5-Yr Trend) technology parks and accelerators, and venture • $11 of direct revenue'for every$1 invested. capital. • $20 of total revenue'for every$1 invested. This report summarizes the • $16.2 in new consumer spending' generated by new significant benefits and return Apache Junction jobs and employed Apache Junction residents. An on investment GPEC delivers addition of$14.8 million created by multiplier effects, results in total to the City of Apache Junction consumer spending of$31.0 million. and this region. � • $1.07 milion in new Apache Junction direct revenues (boosted to $ 2.0 million when including related multiplier effects of$930,000). 'Revenue estimates are from the Greater Phoenix Consensus Impact Model. In 1999,GPEC and our members developed the region's first-ever consensus-based revenue and economic impact model. Based on nationally accepted multiplier data provided by IMPLAN,the model is customized to calculate economic and revenue benefits for GPEC's members and the State of Arizona. *Includes property,sales and utility taxes,as well as state-shared and other local revenues. *Includes direct revenues plus those generated by related supplier and consumer jobs. 2 NORTH CENTRAL AVE. SUITE 2500 PHOENIX,AZ 85004 602.256.7700 www.gpec.org Regional Results Summary* FY14 FY13 5 Year Total Payroll Generated $147.9M $303.2M $1,018.0 Jobs 3,325 6,954 23,835 High-wage Jobs 1,745 2,506 10,335 Average Salary $44,473 $43,594 $42,709 Qualified Prospects 202 215 1,014 Earned Media Reach 982.8M 1,048.1 M 2,905.8M Assisted Locates 26 32 144 Capital Investment $1,758.5M $456.7M $3,823.1M *Through June 3, 2014 Targeted Opportunities Apache Junction advances GPEC's mission of attracting quality companies to the region by: • Responding to 'E-Track' prospect requests. • Participating in prospect community visits. • Hosting ExecuTours, tailored events for high-level decision-makers. • Prospecting at trade shows, conferences and sales missions to expand the project pipeline. Competitive Intelligence GPEC offers Apache Junction access to unique tools and expertise: • Comprehensive demographic, labor, targeted industry information and marketing assistance. • CoStar real estate database. • MetroComp operating cost-comparison software for 50 markets. • Community Building Consortium. • Greater Phoenix Consensus Impact Model analysis. Community Leadership Leadership is critical to ensuring the success of your community, GPEC and the region's economic vitality. . . . - • . . . -Apache Junction Involvement GPEC Board of Directors Jeff Serdy Economic Development Directors Team (EDDT) Janine Solley, Elan Vallender GPEC Next Operating as a more comprehensive and innovative practice, GPEC Next pursues opportunities with greatest potential for the region through deeper collaboration with our stakeholders, communities and partners. By integrating international attraction and an emerging technologies focus with GPEC's core domestic competency, we will satisfy the market's needs for a stronger, better, proactive regional economic development organization. GPEC Next will achieve a thorough understanding of our competitiveness, realize a streamlined, direct-selling approach to competitor and global markets, and make dynamic improvements to the region's business climate. 2 NORTH CENTRAL AVE. SUITE 2500 PHOENIX,AZ 85004 602.256.7700 www.gpec.org ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal corporation(the "City"),and the GREATER PHOENIX ECONOMIC COUNCIL("GPEC"), an Arizona non-profit corporation. NOW,THEREFORE, in consideration of the mutual promises contained herein,the CITY and GPEC agree as follows: I. RESPONSIBILITIES OF GPEC A. MISSION: GPEC works to attract quality businesses to the Greater Phoenix Region from around the world, and advocate and champion foundational effects to improve the region's competitiveness. B. GOALS: GPEC is guided by and strategically focused on two specific long-range goals: 1. Marketing the region to generate qualified business/industry prospects in targeted economic clusters 2. Leveraging public and private allies and resources to locate qualified prospects, improve overall competitiveness, and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: 1. GPEC's primary role is developing the Greater Phoenix region's market intelligence strategy for high wage,base industry clusters in coordination with representatives of GPEC member communities. 2. Retention and expansion of existing businesses within GPEC member communities is primarily a local issue. 3. GPEC will support its member communities' efforts to retain and expand existing businesses through coordinating regional support and providing research on key retention and expansion projects. 4. GPEC will advise its member communities when an existing company contacts GPEC regarding a retention or expansion issue, subject to any legal or contractual non-disclosure obligations. D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and Expansion Policy set forth above and subject to the availability of adequate funding, GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of Directors, a copy of which has been delivered to the City,receipt of which is hereby acknowledged. A summary of the Action Plan is attached hereto as Exhibit A("GPEC Action Plan"). The City shall be informed of any changes in the adopted GPEC Action Plan which will materially affect or alter the priorities established therein. Such notification will be in writing and will be made prior to implementation of such changes. Notwithstanding the foregoing,the City acknowledges and agrees that GPEC may, in its reasonable judgment in accordance with its own practices and procedures, substitute, change,reschedule,cancel or defer certain events or activities described in the GPEC 1 Action Plan as required by a result of changing market conditions,funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC shall solicit the input of the City on the formulation of future marketing strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed upon changes to the GPEC Action Plan. E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC's Executive Committee and Board of Directors, are attached hereto as Exhibit B("GPEC Performance Measures")and shall be used to evaluate and report progress on GPEC's implementation of the GPEC Action Plan. In the event of changing market conditions, funding availability,unforeseen expenses or other circumstances beyond GPEC's reasonable control,these performance targets may be revised with the City's prior written approval, or with the prior written approval of a majority of the designated members of GPEC's Economic Development Directors Team("EDDT"). GPEC will provide monthly reports to the City discussing in detail its progress in implementing the GPEC Action Plan as well as reporting the numerical results for each performance measurement set forth in Exhibit B. GPEC shall provide a copy of its annual external audit for the preceding fiscal year to the City no later than December 31, 2014. In the case of any benchmark which is not met,GPEC will meet with the EDDT to provide an explanation of the relevant factors and circumstances and discuss the approach to be taken in order to achieve the target(s). Failure to meet a performance target will not,by itself, constitute an event of default hereunder unless GPEC: (i) fails to inform the City of such events; or(ii) fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement. II. RESPONSIBILITIES OF THE CITY A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to GPEC's economic development efforts as follows: 1. The City shall respond to leads or prospects referred by GPEC in a professional manner within the time frame specified by the lead or prospect if the City desires to compete and if the lead is appropriate for the City. When available,the City agrees to provide its response in the format developed jointly by EDDT and GPEC. 2. The City shall provide appropriate local hospitality,tours and briefings for prospects visiting sites in the City. 3. The City shall provide an official economic development representative to represent the City on the EDDT,which advises GPEC's President and CEO. 4. The City shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with GPEC's staff,the use of shared data systems,land and building data bases and private sector real estate industry interfaces. 5. The City shall use its best efforts to respond to special requests by GPEC for particularized information about the City within three business days after the receipt of such request. 2 6. In order to enable GPEC to be more sensitive to the City's requirements,the City shall, at its sole option, deliver to GPEC copies of any City approved economic development strategies,work plan,programs and evaluation criteria. GPEC shall not disclose the same to the other participants in GPEC or their representatives. 7. The City shall utilize its best good faith efforts to cause an economic development professional representing the City to attend all marketing events and other functions to which the City has committed itself. 8. The City agrees to work with GPEC to improve the City's competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the City in Exhibit C ("Targeted Industries"). B. RECOGNITION OF GPEC: The City agrees to recognize GPEC as the City'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 City shall be entitled to participate in GPEC's marketing events provided that such participation shall not be at GPEC's expense.When requested and appropriate,GPEC will use its best efforts to provide technical assistance and support to City economic development staff for business location prospects identified and qualified by the City and assist the City with presentations to the prospect in the City or their corporate location. B. COMPENSATION: 1. The City agrees to pay$21,600.00 for services to be provided by GPEC pursuant to the Agreement during the fiscal year ending on June 30, 2015, as set forth in this Agreement. This amount is based on approximately$0.5752 per capita applied to that portion of the City's population outside of Maricopa County plus $0.4397 per capita applied to that portion of the City's population within Maricopa County,based upon the 2013 Office of Employment and Population Statistics,Arizona Department of Administration population estimate,which listed the City as having a population of 37,325 in Pinal County and 298 in Maricopa County. The payment by the City may,upon the mutual and discretionary approval of the board of directors of GPEC and the City 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 City Council pursuant to the required budget process of the City. 3. Nothing herein shall preclude the City 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 City and GPEC. 4. GPEC shall submit invoices for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the City with the audit required pursuant to paragraph I(E) above no later than December 31,2014,no payments 3 shall be made hereunder until the City receives the audit report and is provided at least a 30 calendar day review and approval period.. Invoices and monthly activity reports, substantially in the form of Exhibit D("Reporting Mechanism for Contract Fulfillment")attached hereto,are to be submitted to the address listed under paragraph IV(P). C. COOPERATION: 1. The purpose of this agreement("Agreement")is to set forth the regional economic development program that GPEC agrees to undertake,the support that the City agrees to provide,the respective roles of GPEC and the City and the payments of the City to GPEC for the fiscal year July 1,2014-June 30,2015. 2. The parties acknowledge that GPEC is a cooperative organization effort among GPEC and its member communities. Accordingly,the City and GPEC covenant and agree to work together in a productive and harmonious manner,to cooperate in furthering GPEC's goals for the 2014-2015 fiscal year. The City and GPEC further covenant and agree to comply with the Regional Cooperation Protocol, attached hereto as Exhibit F, in all material respects. 3. The City agrees to work with GPEC,as necessary or appropriate,to revise the performance measures,and/or benchmarks, and/or goals for the FY 2015-2016 contract. 4. The City agrees to work with GPEC during the FY2014-2015 program year to develop a revised public sector funding plan, including a regional allocation formula for FY2015-2016, 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 City shall have the right to terminate this Agreement without liability or, in its discretion,to deduct the commission,brokerage or contingent fee from its payment to GPEC. B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no payment shall be made to any contractor as long as there is any outstanding obligation due to the City, and any such obligation shall be offset against payment due to GPEC. C. ASSIGNMENT PROHIBITED:No party to this agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and have no effect. D. INDEPENDENT CONTRACTOR;NO AGENCY: Nothing contained in this Agreement creates any partnership,joint venture or agency relationship between the City and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of City. City shall have the right to control GPEC only insofar as to the results of GPEC's services rendered pursuant to this Agreement. GPEC shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied,pursuant to this Agreement to bind City to any obligation whatsoever. 4 E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract,GPEC shall indemnify, defend,hold,protect and save harmless the City and any and all of its Council members,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 City brought,made, filed against,imposed upon or sustained by the City, 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. F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by GPEC, its agents,representatives, employees or contractors, in accordance with the Insurance Requirements set forth in Exhibit E("Insurance Requirements"),attached hereto. The City acknowledges that it has received and reviewed evidence of GPEC's insurance coverage in effect as of the execution of this Agreement. G. GRATUITIES. The City may,by written notice to GPEC,terminate the right of GPEC to proceed under this Agreement upon one(1)calendar day notice,if it is found that gratuities in the form of entertainment, gifts,or otherwise were offered or given by GPEC,or any agent or representative of GPEC,to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract;provided that the existence of the facts upon which the City makes such findings shall be an issue and may be reviewed in any competent court. In the event of such termination,the City shall be entitled to pursue all legal and equitable remedies against GPEC available to the City. H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows: 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. 5 2. GPEC will,in all solicitations or advertisements for employees place by or on behalf of GPEC, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,gender, sexual orientation, national origin,age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement,provided that the foregoing provisions shall not apply to Agreements or subcontracts for standard commercial supplies or new materials. 4. Upon request by the City,GPEC shall provide City with information and data concerning action taken and results obtained in regard to GPEC's Equal Employment Opportunity efforts performed during the term of this Agreement. Such reports shall be accomplished upon forms furnished by the City or in such other format as the City shall prescribe. L COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 and agrees to comply therewith in performing under any resultant agreement and to permit City inspection of its records to verify such compliance. I. GPEC warrants to the City that,to the extent applicable under A.R.S. §41-4401, GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A.R.S. §23-214(A). GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The City retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty. 2. The City may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty. 3. The City will not consider GPEC or any of its subconsultants who work on this Agreement in material breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA§ 1324(a) and(b)of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by Arizona Revised Statutes § 23-214(A). 4. The provisions of this 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. Pursuant to A.R.S. §§35-391.06 and 35-393-06, GPEC hereby certifies to the City that GPEC does not have "scrutinized"business operations,as defined in A.R.S. §§35-391 and 35-393, in either Sudan or Iran. 6 J. TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail to duly perform, observe or comply with any covenant,condition or agreement on its part under this Agreement and such failure continues for a period of 30 calendar days(or such shorter period as may be expressly provided herein)after the date on which written notice requiring the failure to be remedied shall have been given to GPEC by the City;provided, however,that if such performance, observation or compliance requires work to be done, action to be taken or conditions to be remedied which,by their nature,cannot reasonably be accomplished within 30 calendar days,no event of default shall be deemed to have occurred or to exist if,and so long as,GPEC shall commence such action within that period and diligently and continuously prosecute the same to completion within 90 calendar days or such longer period as the City may approve in writing. The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed hereunder,including,but not limited to, insolvency or an award of monetary damages against GPEC in excess of its available insurance coverage and assets,the City may immediately and without further notice terminate this Agreement. K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's performance hereunder shall be in material compliance with all applicable federal, state and local health, environmental, and safety laws,regulations, standards, and ordinances in effect during the performance of this Agreement. L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this Agreement must be filed in the county of Pinal, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action,the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action,including reasonable attorneys'fees as may be fixed by the Court. M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded hereunder or out of the proposals herein called for,which cannot be administratively resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree that the venue for any such action shall be in the State of Arizona,Pinal County. N. CONTINUATION DURING DISPUTES. GPEC agrees that,notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute,unless enjoined or prohibited by an Arizona court of competent jurisdiction. O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate and make them available for audit by City 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) business days after the notice is deposited in the United States mail addressed as follows: If to City: George Hoffman City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction,AZ 85219 7 Phone: (480)474-5066 Fax: (480)474-5110 If to GPEC: Barry Broome President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix,Arizona 85004-4469 Phone: (602)256-7700 FAX: (602)256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph W(J), all parties hereto acknowledge that this Agreement is subject to cancellation by the City pursuant to the provisions of Section 38-511,Arizona Revised Statutes. R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or employee of the City will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to GPEC or successor, or on any obligation under the terms of this Agreement. No member, official or employee of GPEC will be personally liable to the City, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the City or successor,or on any obligation under the terms of this Agreement. S. SEVERABILITY. City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision,law,regulation,or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect;provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date)provide essentially the same rights and benefits(economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws,the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. U. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights,whether as a third-party beneficiary or otherwise,by reason of any provision of this Agreement. V. 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 ten(10)pages of text and the below-listed exhibits which are incorporated herein by this reference,constitutes the entire understanding and agreement of the parties. 8 Exhibit A-GPEC Action Plan Exhibit B -GPEC Performance Measures Exhibit C -Targeted Industries Exhibit D-Reporting Mechanism for Contract Fulfillment Exhibit E-Insurance Requirements Exhibit F—Regional Cooperation Protocol This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default,will not operate as a waiver of any default,or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of 52014. City of Apache Junction, an Arizona municipal corporation By: John S. Insalaco, Mayor STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this day of , 2014, before me, the undersigned Notary Public, personally appeared , who acknowledged himself to be the of , an Arizona corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: ATTEST: By: Kathy Connelly, City Clerk 9 APPROVED AS TO FORM: By: Richard J. Stern, City Attorney GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By: Barry Broome, President&Chief Executive Officer STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this day of , 2014, before me, the undersigned Notary Public,personally appeared , who acknowledged himself to be the of , an Arizona corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: 10 SHIFTING TOWARDS EXHIBIT A INNOVATION FY 2015 ACTION PLAN 1 35 246 r' I` M S GreaW Phoenix ECONOMIC COUNCIL MEMBER COMMUNITIES MARICOPA COUNTY CAVE CREEK GILBERT PEORIA TEMPE APACHE JUNCTION CHANDLER GLENDALE PHOENIX TOLLESON AVONDALE EL MIRAGE GOODYEAR QUEEN CREEK WICKENBURG BUCKEYE FOUNTAIN HILLS MARICOPA SCOTTSDALE YOUNGTOWN CASA GRANDE GILA BEND MESA SURPRISE GPEC MISSION Attract quality businesses to the Greater Phoenix region from around the world, and advocate and champion foundational efforts to improve the region's competitiveness. z WHAT TO EXPECT IN THE FOLLOWING PAGES 4 GPEC Stakeholders FY14 MILESTONES 6 FY15 Metrics Momentum gained in the last year- 7 FY15 Budget select achievements and key benchmarks 8 Business Development FY15 ACTION ITEMS 10 Competitiveness Sample of activities that adhere 12 Marketing and Communications to a five-year vision and result in progress 13 Stakeholder Engagement: Paving the Way DRIVES THESE FY15 METRICS Shows relationship between action items and annual performance goals EXECUTIVE SUMMARY AND FIVE-YEAR STRATEGIC PLAN OVERVIEW In reflecting on our 25 years of existence, GPEC stands strong in our foundation of working to advance the Greater Phoenix economy through quality jobs and investment. Consistent threads in bold leadership, above-market performance and real public-private collaboration have rung true since our inception. Where we have evolved is in our appetite, ability and need to grow the economy differently—beyond the traditional model of attracting business. While the pressures of global competition have forced others to react and recalibrate how to approach economic development, GPEC has spent almost the last decade in front of the curve. Nearly 10 years ago, we shifted from a traditional economic development format to one more comprehensive yet disciplined, building a core, sophisticated research competency that has informed and shaped all aspects of GPEC's economic development model—from business attraction to competitiveness, strategy and marketing. This shift in behavior and the resulting performance-driven outcomes are what separate our organization from other economic development shops across the country. As we celebrate a quarter century of accomplishments, all of which would not have been possible without the leadership, commitment and support of our board and stakeholders, we are excited and ready to drive the next transformation of our economy. 3 VISION AND PROGRESS As approved by GPEC's Board of Directors in FY11, these strategic pillars will guide the organization's fiscal year activities, and by 2016, lead to the following vision statements: Strategic Pillar By 2016 Market Intelligence GPEC's market intelligence model will be best-in-class. Next Generation GPEC will elevate Greater Phoenix as a leading center of emerging technologies. Attraction GPEC will maintain its reputation as a credible, respectable and "go to" organization. International GPEC's foreign direct investment approach will be a national best practice. Regional Brand GPEC will successfully define Greater Phoenix as a region that is forward-thinking, innovative and business-friendly. GPEC Brand GPEC will be the nation's premier agency and leader in the economic development realm. In Arizona, GPEC will be the principal leadership organization. Capital Markets/ GPEC will develop a science and technology-based fund that will Venture Formation drive regional innovation activity. GPEC STAKEHOLDERS* _M.E M_B ER CO M_M_U N_I T 1_ES.................................................................................................................................................... Maricopa County Chandler Goodyear Scottsdale Apache Junction El Mirage Maricopa Surprise Avondale Fountain Hills Mesa Tempe Buckeye Gila Bend Peoria Tolleson Casa Grande Gilbert Phoenix Wickenburg Cave Creek Glendale Queen Creek Youngtown .................P LAT I._N.U._M...................................................................................................................................................................................................................................................................................................................................................................._ Alliance Bank of Arizona D.L.Withers Construction Maracay Homes Squire Sanders APS Dignity Health Maricopa Community SRP Arizona Cardinals DMB Associates Colleges University of Phoenix Arizona Diamondbacks Ernst&Young Mayo Clinic US Airways Arizona State University Freeport-McMoRan Meritage Homes Valley Metro Bank of America Copper&Gold MidFirst Bank Verizon Wireless Banner Health Grand Canyon University National Bank of Arizona Waste Management 4 BBVA Compass Haydon Building Corp Phoenix Suns Wells Fargo Chase Intel Corporation Polsinelli PC CopperPoint Mutual Job Brokers Republic Media Cox Communications Kitchell Republic Services ................GOLD.............................................................................................................................................................................................................................................................................................................................................................................................. Abengoa/Abacus Colliers International Lee and Associates Sundt Construction Aetna Cushman&Wakefield Lewis Roca Rothgerber Target Commercial Interiors Arizona Business Bank Davis Liberty Property Trust Thunderbird School BDO Deloitte M+W Group of Global Management BlueCross BlueShield Digital Realty Trust Macerich Total Transit of Arizona DIRTT The McShane Companies Transwestern Commercial BMO Harris Bank El Dorado Holdings Mortenson Construction Services Bryan Cave Empire Southwest Nationwide Realty Investors U.S. Bank Brycon Construction Fennemore Craig Okland Construction University of Arizona Cancer Treatment Centers Gammage&Burnham Phoenix Children's Hospital USAA of America Gilbane Building Co. Renaissance Companies ViaWest Group Cassidy Turley/BRE Google Ryan Companies Walmart Commercial Green Loop Solutions Saint Holdings Ware Malcomb CBIZ MHM Greenberg Traurig Skanska USA Building Weitz Company CBRE Hensley SmithGroup Wespac Construction CCS Presentation Systems Hines Snell&Wilmer Willmeng Construction Celgene Corporation Infusionsoft Southwest Airlines Wist Office Products CenturyLink JE Dunn Construction Southwest Gas Corporation Wood,Patel&Associates Chanen Development Co. Jones Lang LaSalle Sun Health Coe&Van Loo Consultants Layton Construction Sunbelt Holdings AI Still University Clark Hill PLC Healthcare Trust of Americ Quarles&Brady AAA Arizona CORE Construction Jennings,Stmuxx&Salmon Queen Creek/Landmark Co. Air Products and Chemicals CoStarGmup Kelly Services St.Clair Technologies Arizona Community Deutsch Architecture Group KPMG Sun State Builders Foundation Dibble Engineering KTAR SundutoEquiVmont Arizona Office Technologies Dimkx Moving&Logistics KutakRook Company 5 0vnet Ensemble Real Estate Land Advisors Organization Superior Group Balfour Beatty Construction Solutions Merit Partners Synergy Seven Bank ofArizona Fervor Creative Midwestern University TuUwuvo Bristol Global Mobility Globe Corporation MSS Technologies TmttPmpertiox Brownstein Hyatt Goodmono Interior NkCThormu| Ultimate Staffing Services FarborSohmok Structures OnOFinancial University of Advancing Capital Group Companies Goodwill of Central Arizona Osborn Ma|odon Technology Carefree Partners CPE Commercial Advisors PHXAmhitoctum Univitu C|uriuxPartnom Green Card Fund The Plaza Companies Vo|oHoNingx The Alter Group Hunt Construction Group Newmark Grubb Applied Economics 10 Knight Frank Butler Design Group John C. Lincoln Health Plant Solutions Gallagher&Kennedy Network Vermx|and Guided Therapy Systems McCarthy Building Ho|uu|oa Scottsdale Office Companies FY15 METRICS THRESHOLD TARGET STRETCH Payroll Generated $197,579,525 $217,337,478 $239,071,225 Number of Jobs 4,675 5,143 5,657 High-wage Jobs 2,450 2,695 2,964 Average High-wage Salary $51,026 $56,695 $62,365 Qualified Prospects 208 229 252 s Qualified International Prospects 37 41 45 Emerging Tech Assists 10 12 14 Reach of Editorial Placements 183 M 201 M 221 M FY15 BUDGET JULY 1, 2014 - JUNE 30, 2015 Revenues FYI 3-14 Forecast %of Total FY i2014 Budget $Change Change Public Funds $ 2,036,000 39.6% $ 2,246,500 41.8% $ 2,028,400 $ 218,100 10.8% Private Funds 2,260,000 44.0% 2,550,000 47.4% 2,300,000 250,000 10.9% New Pledge Revenue 350,000 6.8% 250,000 4.7% 250,000 0.0% In-Kind Pledges 110,000 2.1% 59,400 1.1% 92,000 (32,600) (35.4%) Special Events,Prog.&Spon. 377,000 7.3% 265,000 4.9% 240,000 25,000 10.4% Other 8,000 0.2% 3,300 0.1% 5,000 (1,700) (34.0%) Total Revenues $ 5,141,000 100.0% $ 5,374,200 100.0% $ 4,915,400 $ 458,800 9.3% Operating Expenditures 1 Business Development 363,500 6.9% 444,200 8.4% 311,000 133,200 42.8% Marketing 261,500 5.0% 258,500 4.9% 266,200 (7,700) (2.9%) Research&Strategy 162,000 3.1% 265,100 5.0% 155,900 109,200 70.0% External Relations 252,500 4.8% 84,400 1.6% 95,000 (10,600) (11.2%) Resource Management 257,500 4.9% 212,900 4.0% 217,000 (4,100) 0.9%) Personnel 3,212,000 61.3% 3,295,100 62.7% 3,342,800 (47,700) (1.4%) Facilities 395,000 7.5% 434,200 8.3% 409,200 25,000 6.1% In-Kind 110,000 2.1% 59,400 1.1% 91,000 (31,600) (34.7%) Special Projects 223,000 4.3% 205,000 3.9% 130,000 75,000 57.7% Total Expenses $ 5,237,000 100.0% $ 5,258,800 100.0% $ 5,018,100 $ 240,700 4.8% Net Gain(Loss) $ (96,000) $ 115,400 $ (103,000) $ 218,100 (211.7%) Less:Capital Expenditures (21,000) (10,000) (10,000) Amortization of Deferred Rent (65,000) (64,300) (43,000) (21,300) Add:Depreciation 30,000 31,000 25,000 6,000 Net Cash Flows (152,000) 72,100 (131,000) 203,100 Beginning Cash 1,802,000 1,6501000 1,726,000 (76,000) Ending Cash $ 1,650,000 $ 11722,100 $ 1,595,000 $ 127,100 (1)Some reclassifications have been made in the current year FY14 • ' MILESTONES Road to Success Adding a new dimension to our business development approach,GPEC and eight communities executed three successful •. • - •- • • - • road shows to Silicon Valley,Vancouver, • _• • •• B.C.,and Chicago.The road shows provided direct engagement among corporate decision-makers and GPEC's mayors,board directors and EDDTs,and led to 15 new prospects,seven leads and two tech assists. On a Global Stage , , •, _, As the only U.S.Mayor invited to the World _ Economic Forum's Annual Meeting of the ' ' ' ' ' '= New Champions in Dalian,China,Phoenix - •" = "• • - •" • - = • • Mayor Stanton was given rare access to •- " •• • • • • - • 1,000 global companies and some of the • • • - •- - •• •••• world's most prominent,influential leaders. • • • • • _ _ •• Mayor Stanton and GPEC President and CEO Barry Broome held one-on-one ' ' meetings with 22 C-level executives,giving briefings on the Brookings Metropolitan Business Plan,the Arizona Center-China and other important regional initiatives.This high-profile event generated three leads, ' '=' • ' • ' 10 companies interested in participating • •" "• • • - • • ••� in the metro business plan and more • •- • • • than 800 million people reached through • - • • •- • resulting editorial placements in the Wall • •• , •••• • Street Journal,Bloomberg,CNBC Asia and China's top business channels. ' Community Partnership Program Launched to further enhance support for our • = • • • • • '• • • communities,the Community Partnership •" • • ••" • • • Program(CPP)provided open dialogue • •-• • • between leadership from our municipalities _ •• • • • • • •_ _• and GPEC to align current strategies • _ • • • • •• _I• _ _ • in creating a more competitive region. Productive discussion resulted in a closer assessment of infrastructure,review of '•• •• • • ' = • ' •= each community's economic development strategy,and a need for connectivity to local/national developers and REITs. In the coming year,GPEC will launch a second phase of the CPP to ensure progress with each community is occurring. \ Staying On Top GPEC continues to maintain a national reputation as a high-performing,well • • economic development 3 organization, • top rankings and recognition DRIVESMagazine and Business Facilities. �vFY15 METRICS o Pipeline of qualified prospects Connect with Top 50 Corporations 9 Pipeline of qualified As a complement to our Market Intelligence model, international prospects GPEC will identify 50 of the region's top corporate office o Total •- of •. created and industrial users—companies that are not based in Number _ Arizona—and work to establish relationships between local • jobs community leadership and companies' national leadership created with the intent to identify areas of opportunity for new * Average high-wage salary 9 growth and expansion. o Payroll generated Expand Investment Activities 9 Stakeholdersatisfaction in China, Canada and Mexico with business attraction GPEC and the Arizona Commerce Authority have contracted with the Center of American States (CAS), which represents SUPPORTS nine U.S. markets in China, to pursue investment for our STRATEGIC ■ ■ state. Represented as the Arizona Center-China, CAS will encourage direct investment into Arizona, as China's companies are expected to employ between 200,000 and 9 Attraction 400,000 Americans in the next five years. Since Canada represents one-third of GPEC's international prospects, we International will pursue investment interest from the provinces of Alberta o Regional Brand and British Columbia, hosting road shows in top Canadian * GPEC markets. And with countries in the Eurozone experiencing Brand an economic recovery, GPEC will target an outbound technology investment strategy for Western Europe. Finally, GPEC will continue to leverage its network of international multipliers through domestic sales missions and support the collaborative efforts to establish a trade and investment office in Mexico City. COMPETITIVENESS MILESTONES Gaining Velocity Guide new, strategic business opportunities through broad geographic and industry trend analyses public the call to pivot from an economy reliant Evaluate targeted, sound economic development programs upon consumption-based industries that enhance regional and state competitiveness retail,construction . . one progressdriven by advanced industries.Much Metropolitan . . conductingFY15 ACTION ITEMS economyand identifying specific strategies that will transform Greater Phoenix's in the next 10 years.The plan will focus Launch Velocity- the Metropolitan Business Plan on to Transform the Greater Phoenix Economy commercialization,develop human capital,upgrade capacityBy providing technical and external relations support, GPEC environment for entrepreneurs, will help drive the efforts to launch Velocity, the Metropolitan connectivityBusiness Plan, through a public rollout in the fall of 2014. Velocity 10entrepreneurs o global markets to promote represents an unprecedented effort to move Greater Phoenix onto export growth. new economic footing, transforming Greater Phoenix's economy Global Exchange of Best Practices to be a global force for innovation and technology by 2025. PhoenixThe •was selected as one of eight to • _ in a four-year Focus Market Intelligence on Electronics actionlearning and develops GPEC will assess the depth of electronics companies in the and implements regional strategies to region, broadening our market intelligence program to its third encourage global trade and • • _ct Brookings investment industry focus. Researching these companies in support of our A joint Institution • JPMorgan Chase,the Globalcommunities' respective retention and expansion programs, GPEC designedInitiative(GCI)is to strengthen will specifically evaluate next-generation electronics technology metroskey becoming opportunities, identified through Velocity, which span several of more ' ' to the region's existing key industries. facilitate content d draw 300 attendees . . GCI forumprominent • foreign policy •_ like former U.S. Execute Global Cities Initiative Secretary'_ - = ' As a joint project of the Brookings Institution and JP Morgan U.S.Trade epresentative Carla Hills ' Chase, the Global Cities Initiative (GCI) is designed to equip U.S.Secretary. . challenged city and metro leaders with tools to become more globally advocate for increased export activity. connected and competitive. Greater Phoenix is among nine other regions selected as a Global City and stands much to gain from this initiative. Through participation in GCI, the region will not only benefit in the exchange of information with other markets, but also our metro will work alongside Brookings and JP Morgan Chase to develop a plan that will increase export and trade activity. Plans to Grow Advanced Manufacturing For the first time ever,GPEC secured a ` ' . �„-, federal grant to develop a strategic plan `' - for the implementation of an Innovation 6 and Commercialization Center for �� Advanced Manufacturing.Funded by the �!'� �. _ _ �Y T U.S.Department of Commerce Economic - � �: Development Administration,the Investing • - ~ - -_------ -- - -- in Manufacturing Communities Partnership '7�" � I ��� � was designed to accelerate the resurgence i i � ; � of manufacturing across the country.In c ' ' � � partnership with ASU,GPEC is exploring a plan for an innovation center focused on sensor technologies,leveraging ASU's capabilities and other industry competencies within the region. Pursue Grant Opportunities DRIVES THESE While GPEC -s not historically sought , - FY15 METRICS org w nts the dollars • •mic Development A• •2013. Pursuit of grants at both the federal level and through private foundations will be a focus in the coming year. Pipeline of qualified prospects • Average high-wage salary Federal grants place emphasis on • .•• . •n among • Emerging technology assists public and private entities, - • GPEC has the reach to work with our partners in aligning around common economic • Competitive position progress development priorities. Convene Executive Mission SUPPORTS THESE to Washington, D.C. STRATEGIC PILLARS garneredBuilding on the effective program and relationships from the 2013 Executive Mission, • Market Intelligence to Washington, • - of 2015. The focus of mission will be concentrated on seeking federal resources Next Generation • support from • • - government agency and • Attraction workforceindustry partners for innovation, industry-led R&D centers, STEM ,nd education pipeline, exports, International • entrepreneurship. Regional Brand • GPEC Brand • Capital Markets/ Venture Formation MARKETING & COMMUNICATIONS MILESTONES LeadingMarket and promote region's strengths and assets in Arizona 062 had potential new markets using non-traditional tools to negatively impact current and future business expansion to Greater Phoenix. Continue to position GPEC as a reliable resource for While GPEC closely monitored '' stakeholders, policy-makers, citizens and media on key movedboard leadership . formal veto request _rnor.GPEC economic development issues organizationwas the first business . call for a veto,which appearances on CNN, NBC Nightly News and Bloomberg TV, where President • CEO Barry Broome FY15 ACTION ITEMS .. Followingveto, a letter to Governor Brewer,thanking her for Target Lead-generation Activity for Business Development her continued leadership and sound, In the next year, GPEC will refine existing search engine pro-business policies. optimization activities to drive direct leads for GPEC's business development team to target. We will explore new online marketing 12 Marketing • tools that generate measurable outcomes and stir qualified effortIn an audiences,- interest among companies thinking of expanding their operations. targete' international GPEC This approach will enable GPEC to capture leads that are conducted entryalready serve as points of • _ engaging with our digital assets and work to convert them companies like . . ... American into prospects. Chamber of Commerce in Shanghai CanadaDeliver New Tools in Marketing Region banner ads,GPEC's international toolkit and custom mailers,GPEC made notable strides GPEC will further enhance our social media strategy by in bringing awareness Phoenix strengthening the marketing partnership with business and locationas an investment tourism organizations throughout the state in an effort to enhance China and Canada. the region's brand through our own citizens. Specifically, this partnership will utilize the newly launched Splicity app to develop Seeing Results citizen video content that further promotes our region's lifestyle After last year's launch of and business culture. California 100 campaign and ongoing efforts by our business development team Revamp GPEC's Online Presence to cultivate • celebratedThe design of GPEC's social media sites will be updated to advancedManagement,an ensure continuity of the organization's brand, and content will services company bringing 50 high-wage be developed more strategically in order to replicate and extend jobs,and a tech assist. across all online channels. GPEC will also develop a plan to engage investors in reiterating key business and marketing messages within their respective social media accounts to broaden visibility for the region to new audiences. Finally, GPEC will seek new marketing tools to more directly create dynamic interaction with end users on gpec.org. Targeted Outreach D ' Leveraging the built communications platforms of LinkedIn and Twitter,GPEC's worked to engage marketing and business development teams profile based • • • . reffectivelyintegrating _ exchange.region's value • ... . growingvery unconventional way,but that is acceptable,widely :. early and • approach. DRIVES THESE FY15 METRICS '1 Promote County Competes Serving as the economic development arm of Maricopa e Pipeline of qualified prospects County, GPEC has conducted a series of meetings with * Pipeline of international prospects several key County departments with the objective of learning more about how we can promote Maricopa 9 Total - of editorial County's services and partnership capabilities to prospective placements 13 companies considering an expansion or relocation. Known as the County Competes Program, GPEC will develop a SUPPORTS content-specific marketing presence to raise awareness among our clients on the County's proactive and rapid STRATEGIC PILLARS willingness to meet business needs. Support Super Bowl XLIX • As in 2008, GPEC will partner with the Arizona Commerce e Regional Brand Authority and our member communities to support the * GPEC Brand Arizona Super Bowl Host Committee in implementing a host program targeting C-level executives around Super Bowl XLIX. This four-day program will showcase the business, innovation and lifestyle opportunities that exist in Greater Phoenix and facilitate dialogue among the region's CEOs and community leaders with CEOs and executives from major brand enterprises, up-and-coming companies and Fortune 1000 firms. STAKEHOLDER ENGAGEMENT The active involvement by GPEC stakeholders carves a path for our region to become world-class and extraordinary. Stakeholder support enables GPEC to pursue economic opportunities while allowing investors to participate in key economic development activities. ................GOVER_NANGE................................................................................................................................................................................................................................................................................................................................................._ Board of Directors Provides effective oversight of the organization and helps shape GPEC's influence as a regional thought leader. Executive Committee Acts on behalf of the Board of Directors, advising on strategic direction and overall performance of annual goals. Board-Level Committees « Performance Committee Evaluates the performance of the organization and the President& CEO. 14 « Nominating Committee Serves to nominate the At-large Directors and Board officers, and recommends candidates to the board for approval, based on nominations received from mayors of member communities. Audit Committee Assesses internal controls and oversees auditors and the annual audit. Finance Committee Sets financial objectives for the organization and recommends the annual budgets as part of the Action Plan. t 7 LEADERSHIP COUNCILS AND AMBASSADORS _. ................A.D.V.I..S.O..R.Y GROUPS.......................................................................................................................................... The collective professional expertise of GPEC's councils At the foundation of GPEC's and advisory groups helps shape the organization's key engagement activity are initiatives, leverages connections to further business Ambassadors, whose broad range development and competitiveness efforts, and supports of professional backgrounds lend implementation of programs. critical assistance to regional business-climate improvement and Community Building Consortium* business development efforts. Applies collective commercial real estate experience to help capture business development opportunities and increase Ambassadors the region's transactional capabilities. Help communicate, educate and inform stakeholders, policy-makers, Economic Development Directors Team citizens and media about key regional Advises CEO and staff on local economic development economic development issues. trends, offers insight on pulse of city/town council and partners with GPEC to finalize location decisions. Certified Ambassadors Ambassadors who have satisfied Education Council* program criteria, qualifying them Reviews workforce skills gaps relative to advanced to serve as an extension of the industries and identifies education-to-career path solutions GPEC team. Certified Ambassadors i5 are given unique opportunities to GPEC Next Leadership Council* interface more closely with GPEC's Ensures the organization operates in a model that is staff and board on program initiatives innovative, integrated and proactive. and mission-critical efforts. Healthcare Leadership Council* Ambassador Steering Committee Works to advance a healthcare initiative for the region Advises on strategic direction and establish Greater Phoenix as a center of excellence of Ambassadors Program; anchored by innovative assets and world-class leadership. designs activities relevant to and in support of GPEC's mission; International Leadership Council* serves as a sounding board for emerging initiatives and supports Advises on the direction and implementation of GPEC's implementation of programs. foreign direct investment efforts, and provides guidance to increase program impacts. *Eligibility determined by investment Mayors and Supervisors Council level or strategic appointment Convenes mayors of GPEC's municipalities and County supervisors for regular updates on strategic initiatives. Resource Development Committee Guides resource development efforts and executes fundraising strategies to ensure sustainability of GPEC's programs and services. 4P Greater Phoenix ECONOMIC COUNCIL 2 N.Central Ave.,Suite 2500,Phoenix,AZ 85004 Phone:602.256.7700 1 Fax:602.256.7744 1 www.gpec.org greater phoenix economic @gpec facebook.com/gpec4jobs gpecgreaterphoenix council(groups) wouo- EXHIBIT B GPEC PERFORMANCE MEASURES FY 2014-2015 Specific performance targets as established by the GPEC Executive Committee and Board of Directors: 1. Payroll Generated $197.5M 2. Total Number of Jobs Created 4,675 3. Total Number of High-Wage Jobs 2,450 4. Average High-Wage Salary $51,026 5. Emerging Tech Assists 10 6. Number of Qualified Prospects 208 7. Number of Qualified International Prospects 37 8. Total Reach of Editorial Placements/Exposures 183M GPEC continues to target high-wage industries Advanced Business Services;Advanced Manufacturing;Aerospace &Aviation;Logistics&E-Commerce;Mission Critical;Emerging Technologies(including CyberSecurity& Educational IT);Healthcare&Biomedical;Renewable Energies. EXHIBIT C TARGETED INDUSTRIES FY2014-2015 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 2014-2015, GPEC will continue its emphasis on the following: Advanced Business Services;Advanced Manufacturing;Aerospace&Aviation;Logistics&E-Commerce; Mission Critical; Emerging Technologies(including CyberSecurity&Educational IT); Healthcare&Biomedical; Renewable Energies. Member communities will target the following: Apache Junction Business services; environmental technologies research and manufacturing; standard and advanced manufacturing;regional and corporate centers;medical institutions and/or associated satellite operations; mining support facilities;resort/tourist-oriented development; filmmaking(location shooting); expanded retail opportunities Avondale Advanced business services/information technology;renewable energies; Bio/medical/life sciences; manufacturing;higher education/lifelong learning, amateur sports and tourism Buckeye Advanced business services;renewable energy; high tech(data center and services); environmental technology/sustainability; standard manufacturing; medical and educational institutions; transportation/distribution; small business/incubator; aerospace/aviation Casa Grande Aviation/aerospace;biosciences and sustainability; corporate/regional headquarters; healthcare and medical services; standard manufacturing and transportation and distribution Chandler Advanced business services; corporate/regional headquarters,high-tech electronics and software development; aerospace/aviation and advanced materials;biosciences and sustainability El Mirage Business Services; standard and advanced manufacturing;transportation; warehousing/distribution; heavy industrial; food, fiber,and natural products; 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;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; heavy industrial Pagel of 3 Gilbert Corporate/regional headquarters; advanced business services; information communication technology (R&D, services);next generation electronics(sensors,optics); aerospace and defense(satellite,FAA repair); life and health sciences(R&D, oncology,regenerative medicine, cardiovascular, pharmaceuticals/neutraceuticals); clean technology and renewable energy(R&D, algae,biodiesel) Glendale Advanced business services; aerospace and defense; education; healthcare/medical;hospitality;renewable energy;technology Goodyear Advance financial/business services;high-tech electronics and software development; aerospace/aviation; advanced materials;biosciences(treatment,medical diagnostics,research)and senior industries; food, fiber and natural products;transportation/distribution; standard manufacturing; environmental technology; sustainability Maricopa(City) High-wage employers(salaries averaging at least 125%of the median wage in Maricopa County)that generate at least 80%of income from exporting goods and services outside the region Mesa Primary Target Industries: Healthcare,Education,Aerospace/Defense and Tourism/Technology Secondary target industries: Advanced business services; standard and advance manufacturing;regional and corporate centers; environmental technology; research&development;bioscience; sustainability Peoria Advanced business services;high technology(data centers,R&D); life sciences and healthcare technologies; advanced medical services; educational institutions;advanced and standard manufacturing; clean technologies research and manufacturing; entertainment and tourism Phoenix Bio-life sciences; advanced business services; manufacturing; sustainable industries and enterprises; higher education; world business,trade and FDI; and established/emerging enterprises;healthcare Queen Creek Aerospace and aviation;health and wellness; arts, culture and experience; education; clean and renewable energy and water; family/youth&children activity destinations Scottsdale Bio-life sciences; advanced business services; technology and innovation(including ICT and entrepreneurship/emerging enterprises); hospitality/visitor trade and commerce Surprise Environmental technology; advanced medical services;biotech; education and healthcare;transportation and distribution 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 Aerospace and advanced materials; food,fiber and natural products;transportation/distribution; standard manufacturing; environmental technology; sustainability Wickenburg Standard manufacturing; transportation&distribution;rail services; mining support facilities;renewable energy;healthcare and medical; educational institutions; tourism and filmmaking; expanded retail operations Youngtown Youngtown is in the throes of developing a commerce park. The park will target second-stage small manufacturers with the some related retail and offices. Page 3 of 3 EXHIBIT D FY 2014-2015 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month, Year BUSINESS ATTRACTION PERFORMANCE METRICS: GPEC Progress Toward Goals Annual Contract Actual Goal %of Targeted Opportunities Goal YTD YTD Goal YTD PAYROLL GENERATED(MILLIONS AVERAGE HIGH WAGE SALARY NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS EMERGING TECHNOLOGY ASSISTS QUALIFIED PROSPECTS INTERNATIONAL PROSPECTS TOTAL REACH OF EDITORIAL PLACEMENTS GPEC continues to target high-wage industries(Advanced Business Services;Advanced Manufacturing;Aerospace &Aviation;Logistics&E-Commerce;Mission Critical;Emerging Technologies(including CyberSecurity& Educational IT);Healthcare&Biomedical;Renewable Energies KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES Page 1 of 1 EXHIBIT E INSURANCE REQUIREMENTS The City's insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents, representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the City. 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/93 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. 12/93 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page 1 of 3 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability a. The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of: activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. b. GPEC's insurance shall include broad form contractual liability coverage. C. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d. GPEC's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the City. 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. Page 2 of 3 D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) calendar days' prior written notice has been sent to City at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested. E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" rating of not less than A-:VII. City in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency. F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice. City's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. City reserves the right to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. During the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the City prior to execution of this Agreement. Page 3 of 3 Exhibit F Regional Cooperation Protocol Policy Greater Phoenix Economic Council and Economic Development Directors Team The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved. GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is important that they work together as partners on projects involving the communities which GPEC represents, regardless of the source of the lead, as follows: 1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC member communities,as a globally competitive region. 2. Maintain the highest standards of economic development prospect handling,including confidentiality, without jeopardizing a prospect's trust to secure the probability of a regional locate. Partners agree to respect the prospect's request for confidentiality but also agree to notify each other as to the existence of a project with a confidentiality requirement when able and shall make a good-faith effort to involve the appropriate state,regional or local partners at the earliest possible time. 3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in Maricopa County or in any of the communities that GPEC represents,understanding that GPEC is in a unique position to represent and speak on regional economic development issues and on characteristics of the region's economy. Likewise, GPEC acknowledges that communities are in the best position to speak about local incentives and efforts surrounding the local economy. 4. For projects that originate with a GPEC member community, GPEC will be available for confidential research access,topical expertise or as a service provider,to add value to the community in securing the project.Additionally, GPEC will not e-track the project unless the community lead makes such a request to do so. 5. Provide accurate and timely information in response to specific requests by all prospects. When a client has narrowed sites to specific GPEC member communities, GPEC will make a good-faith effort to inform those affected EDDT members first. EDDT members agree to provide information solely on their own community when the information requested is site-specific (i.e., cost of land,taxes, development fees,utility availability and cost,zoning process timing,permit timing and local incentives). When site-specific information related to other GPEC communities is requested,EDDT members agree to(i) direct GPEC prospects back to GPEC or(ii) direct non-GPEC generated prospects to contact the affected communities directly,and as a courtesy,contact the affected communities. 6. Agree that regardless of the lead source,public locate announcements shall be coordinated among the company, GPEC member community, and GPEC to reflect inclusiveness and cooperation of all partners (subject to any confidentiality requirements). 7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development agency, and champion sound statewide economic development programs and policies. 8. Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies with current operations in another GPEC community. 9. Inform GPEC member community when a company visits or physical site visit within that community will occur. Economic Development Directors will be the primary point of contact for the company when community information is needed. 1 10. Agree that the consideration of a future community to GPEC's membership will be brought before EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the addition of a new community to GPEC's President and CEO. 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 GPEC 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 PIF is issued by the state economic development agency GPEC will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and GPEC will assemble the response and return to the state economic development agency. 15. It is understood GPEC will or may host annual executour(s) and/or other marketing familiarization tour(s)to promote the regional communities. GPEC will make every attempt to provide as much interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office. 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 GPEC's President and CEO in addition to others with topical expertise central to the conflict. 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'Piz File ID: 14-322 Sponsor: Donna Meinerts Agenda Date: 6/30/2014 Index: In Control: City Council Work Session Presentation and discussion on Arizona Department of Revenue (ADOR) and Arizona League of Cities and Towns Agreement obligating funds for development of software functionality and services related to implementation and compliance with transaction privilege tax simplification legislation and retroactive authorization of payment to ADOR in the amount of$3,120.00 for online portal modification costs. In 2013, the state legislature modified the law relating to collection and reporting of transaction privilege and affiliated excise taxes (Laws 2013, Ch. 255). This law requires that starting January 1, 2015, transaction privilege taxes owed to cities and towns must be paid through the Arizona Department of Revenue (ADOR). ADOR is obligated pursuant to A.R.S. §42-5015 to, among other things, modify its electronic system to enable tax payments and tax reporting to cities or towns through ADOR's online portal. The law shifts the cost of modifying the online portal to cities and towns that did not have an intergovernmental tax licensing/collection/audit agreement in place with ADOR as of January 1, 2013. The City of Apache Junction is one of approximately 18 municipalities that did not have such an agreement with ADOR by the 2013 deadline. On behalf of these entities, the Arizona League of Cities and Towns has conferred with ADOR on the amount owed to ADOR for the associated online portal modification costs. The agreement between ADOR and the League is attached for council review and acknowledgement which will effectuate the City of Apache Junction's required contribution in the amount of$3,120.00. City of Apache Junction,Arizona Page 1 Printed on 611512026 AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE LEAGUE OF ARIZONA CITIES AND TOWNS THIS AGREEMENT is entered into as of this day of June, 2014 by and between the ARIZONA DEPARTMENT OF REVENUE ("ADOR") and the LEAGUE OF ARIZONA CITIES AND TOWNS ("League"). The parties to this Agreement may collectively be referred to as the "Parties" or individually as a"Party". RECITALS WHEREAS, ADOR is authorized pursuant to Arizona Revised Statute ("A.R.S.") § 42- 6001(A) to collect and administer any transaction privilege and certain other taxes imposed by any city or town, and to enter into intergovernmental contracts or agreements to provide a uniform method of administration, collection, audit and licensing of transaction privilege affiliated excise taxes imposed by the state or cities or towns. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-6001(B) to enter into agreements with Arizona cities and towns that levy transaction privilege and affiliated excise taxes to provide for unified or coordinated licensing, collection and auditing programs for such taxes levied by cities and taxes levied pursuant to Chapter 5 of Title 42 of the Arizona Revised Statutes. WHEREAS, Arizona cities and towns are authorized pursuant to A.R.S. § 42-6001(B)to enter into agreements with ADOR to provide for unified or coordinated licensing, collection and auditing programs for such transaction privilege and affiliated excise taxes levied by such cities and towns and for taxes levied pursuant to Chapter 5 of Title 42 of the Arizona Revised Statutes. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-1004(A)(4) to contract with or assist other departments, agencies or institutions of the state, local, Indian tribal and federal governments in the furtherance of their purposes, objectives and programs. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-1004(A)(5) to accept grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of ADOR. WHEREAS, ADOR is obligated pursuant to A.R.S. § 42-5015 to, inter alia, modify its electronic system so that a taxpayer who is required to pay any transaction privilege and affiliated excise taxes to the State of Arizona and/or a county or municipality of Arizona may report and pay the required tax through ADOR's online portal. WHEREAS, pursuant to A.R.S. § 42-5015, allows those cities and towns that did not have an intergovernmental contract or agreement as of January 1, 2013 with ADOR to provide for unified or coordinated licensing, collection and auditing programs, to contribute money and resources to the development of the electronic system if they choose to do so. WHEREAS, eighteen cities or towns that did not have an intergovernmental contract or agreement as of January 1, 2013 with ADOR to provide for unified or coordinated licensing, collection and auditing programs as provided for in A.R.S. § 42-6001(B) recognize the need to contribute to ADOR's costs in the development of IT functionality and services related to the implementation and compliance with transaction privilege simplification legislation. The IT functionality and services include,but are not limited to, the development of a financial reporting system as required by those cities and the conversion of taxpayer information into the ADOR's transaction privilege and affiliated taxes administration system. Those cities and towns, with the exception of Phoenix that will make a direct contribution to ADOR, wish to make a payment through League to ADOR pursuant to A.R.S. § 42-5015 to assist ADOR in covering its costs associated with ADOR's obligations to implement the transaction privilege tax simplification legislation. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, ADOR and League hereby agree as follows: 1. Under A.R.S. § 42-5015, League will pay ADOR $167,960 and Phoenix will contribute $40,000 for use by ADOR for IT resources in fulfillment of ADOR's obligations under A.R.S. § 42-5015. The amount to be contributed by each city or town is set forth in Addendum A. 2. ADOR will provide a progress report to League in an agreed-upon format on a quarterly basis until funds paid under this Agreement are fully expended. ADOR agrees that funds provided by League under this Agreement shall only be used and expended on the development of IT functionality and services related to the implementation and compliance with transaction privilege tax simplification legislation. 3. League hereby warrants that each city or town has approved this Agreement and authorized the disbursement of funds as set forth in Addendum A. 4. This Agreement shall be governed by and construed in accordance with the substantive law of the State of Arizona. 5. The Recitals set forth above are acknowledged by the Parties to be true and correct and are hereby incorporated in this Agreement fully as though set forth herein. 6. This Agreement is subject to, and may be terminated by either Party in accordance with A.R.S. § 38-511. 7. This Agreement constitutes the entire understanding of the Parties and supersedes all previous representations, written or oral. The Agreement may not be modified or amended except by a written document signed by authorized representatives of each Party. 8. Each Party hereby warrants to the other that the individuals executing this Agreement on its behalf are authorized and empowered to bind said Party or Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. Arizona Department of Revenue League of Arizona Cities and Towns David Raber Ken Strobeck Director Deputy Director ADDENDUM A CITY/TOWN SHARE APACHE JUNCTION 3,120 AVONDALE 9,880 BULLHEAD CITY 3,120 CHANDLER 16,120 DOUGLAS 1,560 FLAGSTAFF 4,680 GLENDALE 16,120 M ESA 24,440 NOGALES 1,560 PEORIA 9,880 PHOENIX 401000 PRESCOTT 41680 SCOTTSDALE 24,440 SEDONA 3,120 SOMERTON 520 TEMPE 16,120 TUCSON 28,080 W I LLCOX 520 TOTAL: $ 207,960