MOU FOR LEMON GROVE MERCY_PARKRX.PDF

Memorandum of Understanding Between 
Maricopa County through its  
Department of Public Health Office of Nutrition and Active Living 
4041 N. Central Ave, Suite #1400, Phoenix, AZ 85012  
and 
Lemon Grove Mercy Housing 
 7220 N 27th Ave, Phoenix, AZ 85051 
 
This Memorandum of Understanding (MOU) is hereby made and entered into by 
and between Maricopa County by and through its Department of Public Health 
(MCDPH), Office of Nutrition and Active Living located at 4041 N. Central Ave, Suite 
#1400, Phoenix, AZ 85012 and Lemon Grove Mercy Housing located at 7220 N 27th Ave, 
Phoenix, AZ 85051. 
 
 
1. 
BACKGROUND: 
As we age, maintaining an active lifestyle becomes crucial for overall well-being and quality of 
life. Regular exercise helps seniors improve their strength, flexibility, and balance, reducing the 
risk of falls and injuries. Additionally, engaging in physical activity can enhance cognitive 
function, boost mood, and promote social interaction among seniors, which is vital for combating 
feelings of isolation and loneliness. 
 
2. 
PURPOSE: 
The purpose of this Memorandum of Understanding is to help provide physical activity 
programing and health education to empower seniors to lead healthier lives and enhance their 
overall well-being.  
 
3. 
TERM: 
The Term of this Memorandum of Understanding shall begin on January 1, 2024, and end 
on December 31, 2025. This MOU shall be effective through the end of this Term unless 
terminated earlier by either party as detailed below. 
 
4. 
TERMINATION: 
Either Party may terminate the instrument, in whole or in part, at any time before the date 
of the Term expiration by giving 30 days written notice to the other Party. 
 
5. 
RESPONSIBILITIES OF BOTH PARTIES: 
 
MCDPH Shall: 
 
1. Develop and implement engaging physical activity programming and health 
education curriculum. 
2. Provide qualified instructors and resources for the programs. 
3. Regularly evaluate and assess the effectiveness of the programs. 
4. Collaborate with the seniors to gather feedback for continuous improvement. 
5. MCDPH shall maintain regular and timely communication for the purpose of 
scheduling, addressing any emerging issues, and facilitating coordination. 
6. MCDPH shall oversee the documentation and reporting processes, ensuring their 
effective coordination and accuracy.

Lemon Grove Mercy Housing shall: 
 
1. Actively participate in the physical activity programming and health education 
sessions. 
2. Follow any guidelines or instructions provided by the MCDPH. 
3. Provide feedback and suggestions to help enhance the programs. 
4. Encourage and support fellow seniors in their engagement with the initiatives. 
5. Communicate any concerns or issues to the MCDPH promptly. 
6. Allocate a designated area for activities. 
7. Establish clear guidelines for the utilization of the allocated space. 
 
6. 
CONFIDENTIALITY: 
Both parties understand and concur that this MOU is subject to all State and Federal laws 
protecting participant confidentiality, including the Health Insurance Portability and 
Accountability Act of 1996 and its implementing regulations ("HIPAA"). Participant 
confidentiality will be maintained equally for all individuals present for service whether 
being provided by MCDPH or L e m o n  G r o v e  M e r c y  H o u s i n g .  The use of or 
disclosure by either Party of any information concerning an eligible individual served 
under this MOU is directly limited to the fulfillment of this MOU. 
 
7. 
RETENTION and INSPECTION Of RECORDS: 
The Parties shall retain, and shall contractually require each Subcontractor to retain, all 
books, accounts, reports, files, and other records until five years after completion of the 
MOU and to make such documents open to inspection and audit at reasonable times. 
 
 
8. 
NONDISCRIMINATION: 
The Parties shall comply with all applicable State and Federal employment laws, rules, 
and regulations which require that all persons shall have equal access to employment 
and education opportunities regardless of race, color, religion, disability, sex (including 
sexual preference/identity), age, national origin, veteran's status, genetic code, or 
political affiliation during the term of this MOU. 
 
9. 
INDEMNITY: 
Unless otherwise expressly provided, Lemon Grove Mercy Housing and MCDPH shall 
be individually responsible for the conduct of its own operations and performance of 
obligations under this MOU and for any accidents, injuries to or the death of persons or 
damage or loss of property arising out of negligent or wrongful acts omissions by its 
officers, agents or employees acting in the course or scope of their employment or while 
performing duties undertaken pursuant to this MOU. To the extent allowed by law, 
Lemon Grove Mercy Housing, and MCDPH shall each indemnify the other for the acts 
or omissions of its own officers, agents, or employees acting in the course or scope of 
their employment that may lead to any claims, liability, loss, or expense brought against 
the other party, including reasonable costs, collection expenses, and attorney's fees 
incurred in the defense of the claim. 
 
10. 
GOVERNING LAW: 
This MOU shall be construed under the laws of the State of Arizona and shall incorporate by 
reference all laws governing the mandatory contract provisions of state agencies required by 
statute or executive order. 
 
11. 
RIGHTS OF PARTIES ONLY: 
The terms of this MOU are intended only to define the respective rights and obligations of the 
Parties. Nothing expressed herein shall create any rights or duties in favor of any potential third-

party beneficiary or other person, agency, or organization. 
 
12. 
AUTHORITY OF PARTIES: 
The persons executing this MOU on behalf of the Parties represent and guarantee that they have 
been authorized to do so on behalf of themselves and the entity they represent. Further 
representation is made that due diligence has occurred, and that all necessary internal 
procedures and processes, including compliance with the open meeting law where necessary, 
have been satisfied in order to legally bind the entity to the terms of this MOU. 
 
13. 
AVAILABILITY OF FUNDS: 
Should MCDPH 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 performance. If funds are not 
available for the continuance of this MOU, this MOU may be terminated by either Party at the 
end of the period for which funds are available. No liability shall accrue to either Party in the 
event of termination, and neither Party shall be obligated or liable for any future performance, 
payments or for any damages as a result of termination under this paragraph. 
 
14. 
AMENDMENTS: 
Any changes to this MOU shall be in writing and signed by both Parties. 
 
15. 
COMPENSATION: 
There will be no compensation provided to either Party under this MOU. 
 
16. 
NOTICES: 
Communication and details concerning this MOU shall be directed to the following 
representatives: 
 
Hamza Shami 
Health Promotions Supervisor  
Maricopa County Department of Public 
Health Office of Nutrition and Active Living  
 
4041 N. Central Ave Suite 1400 
Phoenix, AZ 85012 
623 – 565 – 3221  
Hamza.shami@Maricopa.gov 
 
IN WITNESS WHEREOF, THE PARTIES ENTER INTO THIS MEMORANDUM OF 
UNDERSTANDING: 
 
LEMON GROVE MERCY HOUSING 
 
By: ________________________ 
 
Print Name: 
 
Job Title: 
 
Date:________________________ 
Joanna Crosby
Regional VP of Resident Services
5/7/2024

FOR AND ON BEHALF OF MARICOPA COUNTY 
 
 
By: 
 
 
Chairman, Board of Supervisors 
 
  Date: 
 
 
ATTEST: 
 
  Clerk of the Board 
 
  Date: 
 
 
APPROVED AS TO FORM: 
 
 Attorney for Maricopa County 
 
 
  Date: