FINAL MOU SUN CITY WEST PRIDES.PDF

MEMORANDUM OF UNDERSTANDING 
BETWEEN 
MARICOPA COUNTY 
AND 
SUN CITY WEST PRIDES 
 
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 West Prides, Inc., a 501(c)(3) 
organization (hereinafter referred to as the “Sun City West Prides”). The County and Sun City West 
Prides shall collectively be referred to as the “Parties” and individually as “Party.” 
 
2.0 PURPOSE 
The Sun City West Prides are supported solely by the generosity of the residents, businesses, and 
friends of Sun City West. This MOU provides funding to the Sun City West Prides for the purposes 
of maintaining common areas and water pipeline for the beautification of the Sun City West 
Community.  
 
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 West Prides. 
 
3.2 The County agrees to provide the Sun City West Prides with 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 West Prides agree to use the funds to maintain 26 miles of common areas 
by trimming shrubs and trees, planting, watering, and weeding. In addition, to maintain 
pipeline needed for watering trees and bushes. Eligible uses include operational 
support, supplies, equipment, and any other uses that provide a clear public 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 West Prides 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 West Prides 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 West Prides understand and acknowledge that as a condition precedent 
to receiving these funds, the Sun City West Prides 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 West Prides 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 West Prides organization or with which the Sun City West Prides 
(or one of its Directors, officers, owners, trust certificate holders or a relative thereof) 
has a substantial interest, unless the Sun City West Prides 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 West Prides 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.  
 
7.15 
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 West Prides 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 West Prides or any Subcontractor or anyone directly or indirectly 
employed by either the Sun City West Prides 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:

The Sun City West Prides 
Ronald Rada 
19803 N. R.H. Johnson Blvd.  
Sun City West, AZ 85375 
Phone: 480-960-4916 
Maricopa County Board of Supervisors 
301 W. Jefferson, 10th Floor 
Phoenix AZ 85004  
 
 
[Signatures contained on the following page]