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MEMORANDUM OF UNDERSTANDING BETWEEN MARICOPA COUNTY AND SUN CITY POSSE Start Date: Upon approval and signatures of the Parties Termination Date: June 30. 2026 Total Funding: $30.000 1.0 PARTIES This Memorandum of Understanding (“MOU”) is entered into between MARICOPA COUNTY, a political subdivision of the state of Arizona (“County”), and Sun City Posse, Inc., a 501(c)(3) organization (hereinafter referred to as the “Sun City Posse’). The County and Sun City Posse shall collectively be referred to as the “Parties” and individually as “Party.” 2.0 PURPOSE The Sun City Posse are supported solely by the generosity of the residents, businesses and friends of Sun City. This MOU provides a donation to the Sun City Posse for the purposes of community patrolling services, home safety through the Vacation Watch Program, training through the Neighborhood Watch Program, and a wide range of other services that help instill within the Sun City Community a feeling of safety and security. 3.0 AGREEMENT 3.1 This MOU is executed on behalf of the County by the Supervisor representing District 4 and administered by the Office of Budget and Finance and the Sun City Posse. 3.2 The County agrees to donate the Sun City Posse a one-time amount of $30,000. A final report of fund uses shall be provided to the County within thirty (30) days after the term or after the amount is fully spent, whichever is earlier. Any unused funds remaining must be returned to the County. 3.3 The Sun City Posse agree to use the funds to provide community patrolling services to the community it serves to support workplace safety and community safety through a volunteer force. Eligible uses include operational support, equipment, and any other uses that provide a clear public safety benefit. 4.0 TERM 4.1 This MOU shall become effective as of the date it is fully executed through June 30, 2026. 4.2 Either party may terminate this MOU at any time, with sixty (60) days’ notice in writing to the other party (unless terminated by either Party due to the Availability of Funds provision set forth below in 5.0). 5.0 AVAILABILITY OF FUNDS Should the County determine that funds are not available for continuing the services, the Parties may cancel this MOU. Every performance of the parties under this MOU is conditioned upon the availability of funds appropriated, allocated or granted for program service delivery. 6.0 AMENDMENTS Any changes to this MOU shall be in writing and signed by both parties. 7.0 GENERAL TERMS AND CONDITIONS 7.1 This MOU is subject to the provisions of A.R.S. § 38-511. 7.2 The terms of this MOU shall be construed in accordance with Arizona law; any action thereon shall be brought in the appropriate court in the state of Arizona. 7.3 The Sun City Posse shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this MOU, and shall comply with all laws regarding unemployment insurance, disability insurance and worker’s compensation. 7.4 The Sun City Posse are independent contractors in the performance of work and the provision of services under this MOU and are not to be considered officers, employees, or agents of the County. 7.5 The Sun City Posse understand and acknowledge that as a condition precedent to receiving these funds, the Sun City Posse must possess an exemption status from the Internal Revenue Service and must be registered and in good standing with the Arizona Corporation Commission. 7.6 The Sun City Posse shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization which has a substantial interest in the Sun City Posse organization or with which the Sun City Posse (or one of its Directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless the Sun City Posse has made full written disclosure of the proposed payments to the County and has received written approval therefore. For the purposes of this provision, the terms “substantial interest” and “relative” shall have the same meaning as in A.R.S. § 38-502. 7.7 None of the funds, materials, property or services contributed by County or the Sun City Posse under this MOU shall be used in the performance of this MOU for any partisan political activity, or to further the election or defeat of any candidate for public office, ballot proposition or referendum. 7.8 This MOU may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 7.9 The Parties agree to comply with all applicable state and federal laws, rules, regulations, and executive orders governing equal employment opportunity, immigration, and nondiscrimination. 7.10 The Parties agree to secure and maintain sufficient insurance coverage for all risks that may arise out of the terms, obligations, operations and actions as set forth in this MOU. 7.11 Electronic signatures shall have the same force and effect as original signatures. 7.12 Each party warrants that the person signing this MOU has the authority to do so. 7.13. Sections and other headings contained in this MOU are for reference purposes only and shall not affect in any way the meaning or interpretation of this MOU. 7.14 This MOU, together with any exhibits attached hereto and any agreements executed contemporaneously herewith, constitutes the entire agreement between the Parties and sets forth all the covenants, promises, agreements, conditions and understandings among the Parties, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, among the Parties other than as set forth herein. This MOU shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party drafting this MOU. 715 Waiver of any breach of any term, condition or covenant herein contained shall not be deemed to be a waiver of any other term, condition, or covenant herein, or of a subsequent breach of any term, covenant, or condition herein. Any Party’s consent to, or approval of, any subsequent or similar act shall not be deemed to render unnecessary the obtaining of that Party’s consent to, approval of, any subsequent or similar act by another Party, to be construed as the basis of an estoppel to enforce the provision or provisions of this MOU requiring such consent. 7.16 Whenever possible, each provision of this MOU shall be interpreted in such manner as to be valid under applicable law, but if any provision shall be invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 8.0 DEFAULT Any non-performance shall be a default (“Default”) under this MOU. The non-defaulting Party may seek appropriate remedy for Default if the event causing the Default continues for a period of thirty (30) days after the defaulting Party receives written notice of such failure without the Default having been cured; provided however if the defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursing such cure to completion, no recourse shall be available to the non-defaulting Party. The total aggregate cure period shall not exceed ninety (90) days unless the non-defaulting Party agrees in writing that additional time is reasonably necessary under all of the circumstances to cure such Default. In the event of a Default that is not cured as provided for herein, the non-defaulting Party, at its option, may exercise any remedies now or hereafter available to it at law or in equity, including the right to terminate this MOU. 9.0 INDEMNIFICATION The Sun City Posse agrees to indemnify, hold harmless and defend the County, its officers and employees from and against any and all claims, damages, suits and proceedings, regardless of the merits, from liability, punitive damages, costs or expense of every type, including reasonable attorney’s fees, all or any part thereof arising out of or in connection with or by reason of, any act or omission of the Sun City Posse or any Subcontractor or anyone directly or indirectly employed by either the Sun City Posse or the Subcontractor or their agents. 10.0 E-VERIFICATION OF EMPLOYEES 10.1 The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 10.1.1 Any contractor or subcontractor who is contracted by a Party to perform work on the property or improvements shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214(A) and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. 10.1.2 Any breach of the warranty shall be deemed a material breach of the MOU that is subject to penalties up to and including termination. 10.1.3. The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the property or improvements to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of such employee available during normal working hours in order to facilitate such an inspection. 10.1.4 Nothing in this MOU shall make any contractor or subcontractor an agent or employee of the County. 11.0 NOTICES Communication and details concerning this MOU shall be directed to the following representatives: Sun City Posse Maricopa County Board of Supervisors Commander 301 W. Jefferson, 10th Floor 10861 Sunland Drive Phoenix AZ 85004 Sun City, AZ 85351 Phone: 623-972-2555 [Signatures contained on the following page] IN WITNESS THEREOF the Parties have fully executed this Agreement as of the dates written below: APPROVED BY: ATTESTED TO: MARICOPA COUNTY Jack Sellers Date Juanita Garza Date Chairman, Board of Supervisors Clerk of the Board a Aun (hy Lae paws Aya. I2-F- 24 Date Title i iiiedion ill a APPROVED AS TO FORM: Deputy County Attorney