MCAO APPROVED_PARTNERSHIP AGREEMENT WITH AFN STRATEGY 4 AFN SIGNED.PDF

PARTNERSHIP AGREEMENT
between
Maricopa County by and through the Department of Public Health
and
Arizona Faith Network
This non-monetary PARTNERSHIP AGREEMENT (the "Agreement") is entered into this 03 September
2024 (the “Effective Date”) by and between Maricopa County, through its Department of Public Health
(MCDPH), specifically the Health, Opportunities, Prevention, and Equity (HOPE) Division (hereinafter
referred to as “MCDPH” or "Lead Applicant"), and Arizona Ecumenical Council dba Arizona Faith Network
(AFN) (hereinafter referred to as “AFN” or "Statutory Partner").
A. PURPOSE
The purpose of this Agreement is to establish a collaborative effort between MCDPH and AFN to support
community-led initiatives addressing environmental and climate justice issues within disadvantaged
communities. This collaboration is specifically related to the Environmental and Climate Justice
Community Change Grants Program, EPA-R-OEJECR-OCS-23-04. The activities funded under this
Agreement aim to:
1.
Build community resilience around environmental challenges including extreme heat and poor
air quality.
2.
Reduce environmental and public health risks from extreme heat and poor air quality.
3.
Enhance community capacity to tackle local environmental challenges including extreme heat
and poor air quality.
The joint efforts will focus on fostering meaningful community participation, improving environmental
quality, and developing sustainable solutions that advance equity and justice in alignment with the
objectives outlined in the Notice of Funding Opportunity (NOFO).
B. STATEMENT OF MUTUAL BENEFIT AND INTEREST
MCDPH and AFN recognize that this collaboration is mutually beneficial and of shared interest due to:
1.
Shared Goals: Both parties are committed to improving environmental and public health
outcomes in disadvantaged communities, thereby promoting social equity and resilience, as
specified in the Environmental and Climate Justice Community Change Grants Program.
2.
Expertise and Resources: MCDPH brings substantial experience and resources in public health
management, while AFN provides valuable community connections and local engagement
expertise, aligning with the NOFO’s emphasis on leveraging community-based expertise.
3.
Collaborative Impact: By combining their strengths, MCDPH and AFN aim to achieve a greater
collective impact than either could alone, facilitating effective solutions to environmental and
climate justice issues as supported by the NOFO.
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C. LEAD APPLICANT (MCDPH) AGREES TO:
1.
Management and Oversight: Be responsible for the overall management, performance,
oversight, and reporting responsibilities under the Environmental and Climate Justice
Community Change Grants Program, EPA-R-OEJECR-OCS-23-04, and for making subawards to
Collaborating Entities.
2.
Financial Responsibility: Be responsible for the receipt of federal funds from the Environmental
Protection Agency (EPA) under the Environmental and Climate Justice Community Change Grants
Program and for the proper expenditure of these funds. MCDPH will bear liability for any
unallowable costs as defined in the NOFO and federal regulations.
3.
Compliance and Risk Management: Handle compliance with legal issues and manage risks
associated with the project, including adherence to the requirements specified in the NOFO.
4.
Partner Replacement: If a replacement of the Statutory Partner is necessary, MCDPH will follow
established procedures to ensure a seamless transition including an evaluation of the current
Statutory Partner’s performance and the identification of areas that need improvement. A
selection process will be initiated by releasing a fair and equitable solicitation to community
providers to include a thorough review of potential candidates’ credentials and past
performance to ensure they meet the project’s requirements. MCDPH will ensure that the
replacement has comparable expertise, experience, knowledge, and qualifications by reviewing
past performance on grants of similar size and scope to maintain the high standards expected for
successful grant completion within the three-year timeframe. MCDPH will obtain prior approval
for any replacement through an authorized EPA official pursuant to 2 CFR 200.308(c)(6).
5.
Subawards: Enter into a financial subaward agreement with the Statutory Partner, if grant funds
are awarded, that complies with subaward requirements as defined in 2 CFR 200.331, EPA’s
subaward policy, and the NOFO. Should grant funds be awarded, a formal subcontract will be
issued in accordance with the established guidelines.
6.
Decision-Making: Share decision-making authority with the Arizona Faith Network and other
parties as specified in the Collaborative Governance Structure that is submitted to EPA as part of
the Climate Justice Community Change Grant application.
7.
Project-Specific Activities: MCDPH will oversee all operations associated with the following
strategies detailed in the proposed grant application titled Project Heat Relief: Building
Community Resilience Centers and Hydration Stations to Combat Extreme Heat:
a.
Climate Action Strategy 5: Community Resilience Hubs as detailed in the Work Plan
Narrative.
b.
Pollution Reduction Strategy 4: Safe Management and Disposal of Solid and Hazardous
Waste as detailed in the Work Plan Narrative.
D. STATUTORY PARTNER (AFN) AGREES TO:
1. Decision-Making: AFN will actively participate in the shared decision-making process with MCDPH,
and other specified parties as outlined in the Collaborative Governance Structure submitted to the EPA
as part of the EPA Climate Initiatives Grant.
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2. Project-Specific Activities: AFN will support operations associated with the following strategies
detailed in the proposed grant application titled Project Heat Relief: Building Community Resilience
Centers and Hydration Stations to Combat Extreme Heat: 
a. Climate Action Strategy 5: Community Resilience Hubs as detailed in the Work Plan Narrative.
b. Pollution Reduction Strategy 4: Safe Management and Disposal of Solid and Hazardous Waste
as detailed in the Work Plan Narrative. 
3. Project Coordination: Collaborate with Lead Applicant and/or other Statutory Partners to ensure the
project is well-coordinated and aligns with statutory requirements. This includes regular communication
and participation in project planning and implementation meetings.
4. Monitoring and Reporting: Monitor and report project outcomes. This includes collecting data,
conducting evaluations, and submitting reports to the EPA, MCDPH, and other stakeholders.
5. Public Engagement: Facilitate public involvement and ensure that the project meets public
participation requirements. This could involve hosting public meetings, gathering community input, and
addressing public concerns.
6. Technical Expertise: Provide expertise in areas such as community engagement, environmental
science, public health, or legal compliance, to guide the project towards achieving its climate justice
goals.
E. E-VERIFICATION OF EMPLOYEES
1.
Compliance Certification: MCDPH certifies compliance with A.R.S. § 41-4401 and acknowledges
that AFN and its subcontractors, if any, are compliant with federal immigration laws and
regulations relating to employment. Specifically, AFN and its subcontractors must verify the
employment eligibility of their employees through the E-Verify program as mandated by A.R.S. §
23-214, subsection A.
2.
Breach of Warranty: A breach of the warranty under subsection A shall be considered a material
breach of this Agreement, entitling the County to terminate the Agreement without liability.
3.
Inspection Rights: The County reserves the right to inspect the records of AFN and any
subcontractor employees working on this Agreement to ensure compliance with the E-Verify
requirements. AFN shall make such documents available during normal working hours.
4.
No Agency or Joint Entity Relationship: Nothing in this Agreement shall create an agency or
employee relationship or joint entity between AFN or its subcontractors and the County.
F. DATA SHARING AGREEMENTS
1.
Data Sharing Necessity: During this Agreement, the exchange of data between MCDPH and AFN
may be necessary to achieve the objectives outlined in this Agreement. Such data sharing will be
conducted in compliance with applicable laws and regulations protecting data privacy and
confidentiality.
2.
Data Sharing Agreement: If specific data exchange is required, the parties agree to enter into a
separate Data Sharing Agreement that outlines the terms and conditions for the sharing, use,
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protection, and confidentiality of data. This agreement will ensure that data is handled securely
and used only for the purposes specified in this Agreement.
3.
Compliance and Review: Both parties will ensure that the Data Sharing Agreement complies
with all relevant federal and state laws, including those related to data privacy and security. Any
amendments or updates to the Data Sharing Agreement will be documented and agreed upon
by both parties.
G. DISPUTE RESOLUTION
1.
Negotiation: In the event of any dispute arising under this Agreement, the parties agree to first
attempt to resolve the matter through informal negotiation. The parties shall meet and confer in
good faith to resolve any dispute or disagreement.
2.
Mediation: If the dispute is not resolved through negotiation within 30 days, the parties agree to
submit the matter to mediation. The mediation will be conducted by a mediator agreed upon by
both parties and, if no agreement can be reached, appointed by a recognized mediation
organization. The costs of mediation will be shared equally by both parties.
3.
Arbitration: If mediation fails to resolve the dispute, the matter will be submitted to binding
arbitration in accordance with the rules of the American Arbitration Association (AAA). The
decision of the arbitrator will be final and binding on both parties. The costs of arbitration will be
borne by the party against whom the decision is rendered.
4.
EPA Involvement: Both parties recognize that the EPA is not a party to this Agreement and any
disputes between the parties must be resolved under the law applicable to the Partnership
Agreement.
H. MODIFICATION OR AMENDMENT
1.
Written Agreement: Any modifications or amendments to this Agreement must be made in
writing and signed by authorized representatives of both parties. No oral modifications or
amendments will be considered valid.
2.
Review and Approval: Proposed modifications or amendments must be reviewed and approved
by both parties before being incorporated into the Agreement. Any changes will be effective only
when signed and dated by all parties.
I. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1.
Non-Fund Obligation: 1.1. This Agreement is not a fiscal or funds obligation document. 1.2. Any
financial transactions or contributions between the parties will be handled through separate
written agreements, which must be authorized by the appropriate statutory authority. 1.3. This
Agreement does not establish any authority for non-competitive awards.
2.
Effective Date: 2.1. This Agreement shall commence on September 03, 2024, and will terminate
on November 20, 2027, unless terminated earlier in accordance with the terms herein. 2.2.
Either party may terminate this Agreement upon thirty (30) days' written notice.
3.
Complete Agreement: 3.1. This Agreement contains the entire understanding between the
parties and supersedes any prior oral or written agreements regarding the same subject matter.
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4.
Termination: 4.1. Either party may terminate the Agreement in whole or in part, prior to the
expiration date, for reasons including but not limited to the loss of adequate staffing necessary
to continue providing services. This Agreement may be cancelled pursuant to A.R.S. 38-511.
5.
Client Confidentiality: 5.1. Both parties will adhere to all State and Federal laws protecting client
confidentiality of health care information. 5.2. The use or disclosure of any information
concerning individuals served under this Agreement shall be limited to fulfilling the terms of this
Agreement.
6.
Laws, Rules, and Regulations: 6.1. This Agreement is subject to all applicable State and Federal
laws, rules, and regulations, including those outlined in the Environmental and Climate Justice
Community Change Grants Program. This Agreement is governed by Arizona law, and any dispute
between the parties shall be brought in the appropriate venue in Maricopa County, Arizona.
7.
Participation in Similar Activities: 7.1. This Agreement does not restrict MCDPH or AFN from
participating in similar activities with other agencies, organizations, or individuals.
8.
Non-Liability: 8.1. Neither MCDPH nor AFN, nor their respective officers and employees, shall be
liable for any act or omission by the other party or the other party’s subcontractor, employee,
officer, agent, or representative occurring in the fulfillment of this Agreement.
9.
Indemnity: 9.1. Each party agrees to indemnify, defend, and hold harmless the other party from
any claims arising out of the negligent performance of this Agreement, limited to the extent that
such claims are caused by the indemnifying party’s actions or omissions.
10. Insurance: 10.1. Contractor shall maintain specified insurance coverage, including Commercial
General Liability, Automobile Liability, Workers’ Compensation, Professional Liability, Network
Security, and Sexual Molestation and Physical Abuse insurance. 10.2. The insurance policies must
meet the minimum requirements outlined, including naming the County as an additional
insured.
11. Communication: 11.1. Each party agrees to notify the other in writing of any changes in policy
that may affect this Agreement. 11.2. Notifications shall be directed to the principal contacts
identified in Sections C and D.
Lead Applicant:
Maricopa County Department of Public Health
Office of Grants Management
Attention: Nina Lindsey
4041 N. Central Ave., 14thFloor
Phoenix, AZ 85012
Statutory Agent:
Arizona Faith Network
5025 E. Washington St., 116
Phoenix, AZ 85034
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IN WITNESS WHEREOF, the parties enter into this Partnership Agreement: 
 
FOR AND ON BEHALF OF
FOR AND ON BEHALF OF 
MARICOPA COUNTY
ARIZONA FAITH
NETWORK                                                      
 
 
By                                                       
By                                                __ 
Chairman
Arizona Faith Network 
Board of Supervisors
             
                                                                                     
                                                                      
________________________________ 
Date                                                     
Date 
 
ATTEST:
 
 
                                                           
Clerk of the Board
 
 
                                                           
Date
 
 
 
APPROVED AS TO FORM:
APPROVED AS TO FORM: 
 
                                                                                    _                                ____________ 
Maricopa County Attorney
Attorney for Arizona Faith Network
 
_                                                          
_           ______________________ 
Date                                                              
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9-10-2024