2017 1031 - IGA SOS AND MARICOPA COUNTY RECORDER ERIC FUNDS - FINAL FOR BOS APPROVAL.DOC

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE MARICOPA COUNTY BOARD OF SUPERVISORS
AND
ARIZONA SECRETARY OF STATE
This Intergovernmental Agreement (“Agreement”) is between the Maricopa County
Board of Supervisors (“Maricopa County”), acting on behalf of the Maricopa County Recorder
(“County Recorder”), a County agency duly organized and existing under the laws of the State
of Arizona, and the Arizona Secretary of State (“Secretary of State”), collectively referred to,
herein, as the (“Parties”).
I. Purpose.
The Secretary of State, on behalf of the County Recorders, will become a member of the
Electronic Registration Information Center (ERIC), which is a multistate partnership that uses a
sophisticated and secure data-matching tool to improve the accuracy and efficiency of state
voter registration systems. Through participation in ERIC, the Secretary of State and County
Recorders can compare official data on eligible voters—such as voter and motor vehicle
registrations, U.S. Postal Service addresses, and Social Security death records—to keep voter
rolls more complete and up to date in accordance with their duties under the National Voter
Registration Act of 1993 (“NVRA”). ERIC is owned, managed, and funded by participating states
and was formed in 2012 with assistance from The Pew Charitable Trusts.
II. Authority.
The Parties are authorized to enter into this Agreement pursuant to Arizona Revised
Statutes Sections 11-952(A) and 35-148(A).
III. Responsibilities of the Parties.
A. Responsibilities of the State.
1. Agree to ERIC’s By Laws and Technical agreement which are attached as
Exhibits 1 and 2;
2. Sign and return the ERIC membership agreement and pay the membership
fee and allow Arizona’s participation to “go-live” by early 2018;
3. Act as the technical point of contact for ERIC for the data transfer;
4. Perform data testing and the resulting anonymized data will be transmitted
to ERIC through a secure SFTP site provided by ERIC;
5. Conduct an initial performance data pull to evaluate the effectiveness of the
ERIC program over time;
6. Pay the initial annual dues to ERIC on or about January 30, 2018. In future
years, the annual dues must be paid within 90 days of the invoice;
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7. Provide an initial data pull from the statewide database and the MVD;
8. For the initial mailing referenced in Paragraph III(B)(1), request that ERIC
supply a list of individuals who are eligible, but not registered, to vote
(“EBUs”) to the State, and sort the data by County for distribution to the
respective Counties;
9. Within 90 days after receiving the EBU list from ERIC, confirm completion of
the EBU mailing by sending a written certification to ERIC no later than 10
days after that mailing deadline that the EBU mailing was complete;
10. Send five types of list maintenance reports to the County Recorders upon
request but at least once per year.
B. Responsibilities of the County
1. An EBU postcard must be designed, printed and mailed to each EBU in the
County no later than 90 days after ERIC provides the EBU list to the Secretary
of State;
2. An EBU postcard must contain uniform content, written in both English and
Spanish, jointly drafted by the Secretary of State and the County Recorders,
including a description of registration information and contact information
for the applicable County Recorder;
3. The County Recorders will be responsible for conducting the EBU mailing in
future election cycles, but must timely complete the EBU mailing before each
federal general election;
4. The County Recorders must provide a written certification to the Secretary of
State that the EBU mailing in their respective County was completed within
the 90-day deadline;
5. When the County Recorders receive the list maintenance reports from the
Secretary of State, the County Recorders shall:
a. For the In-State Movers Report and the Cross-State Movers
Report, send a mailing to the voters on the list, within 90 days of the
Secretary of State receiving the list from ERIC, in accordance with the normal
NVRA procedures pursuant to A.R.S. § 16-166(A) and track the results of the
ERIC-generated mailings;
b. For the In-State Duplicate Report and the Deceased Report, work
these records as soft-matches as identified in the Election Procedures
Manual. No mailings are required for these reports;
c. For the NCOA Report, send a mailing to voters on this list, which
would constitute “Final Notices” under the NVRA pursuant to A.R.S. § 16-
166(E), and change the voters’ status to “inactive” for voters that do not
respond within 35 days of the mailing.
6. For purposes of this section, the initial EBU mailing may be a statewide
mailing coordinated by the Secretary of State or county-specific mailing
processed individually or collectively by each county to be determined
collaboratively between the Secretary of State and the County Recorders.
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IV. Manner of Funding
A. Membership Fee. Upon admission and execution of the membership agreement,
the State will pay a one-time membership fee of $25,000 to ERIC. The County Recorder will
reimburse the State, in the amount of $25,000, for payment of the one-time membership.
B. Annual Dues. Maricopa County will be responsible for paying only the amount of
annual dues as apportioned among the 15 Counties based on the number of registered voters
in each County. For Fiscal Year 2017-2018, Maricopa County’s prorated annual dues will be for
an amount estimated not to exceed $20,000. Each year thereafter, Maricopa County’s annual
dues will be in an amount estimated not to exceed $30,000 (provided that no States
discontinue ERIC membership).
C. Initial mailing of EBU postcards. The Secretary of State will pay 50% of the
estimated cost for the mailing using funds from an anticipated award of a PEW Charitable Trust
Grant. The Counties, in proportion to the citizen voting age population of the County, would
cover the payment of the other 50% of the cost for the mailing.
D. Future mailings to EBUs. The Secretary of State and the County Recorder may
agree to a cost sharing allocation for mailings in future election cycles at a later date.
V. Duration and Termination.
A. This Agreement will commence on the date of execution and will continue until
terminated as provided herein. This Agreement may be modified or extended at any time by
mutual written consent of the Parties.
B. This Agreement may be terminated by either Party, for cause or convenience, upon
the giving of one year written notice to the other Party. Termination will result in the Secretary
of State’s termination of ERIC membership.
VI. Indemnification.
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorneys’ fees) (hereinafter collectively referred to as “claims”) arising
out of bodily injury of any person (including death) or property damage and arising from this
Agreement, but only to the extent that such claims which result in vicarious/derivative liability
to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, officials, agents, employees, or volunteers.
VII. Notices.
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All notices, requests for payment, or other correspondence between the Parties
regarding this Agreement shall be mailed or delivered to the respective Party as follows:
If to Phoenix:
Deputy Secretary of State
Arizona Secretary of State’s Office
1700 West Washington
Phoenix, AZ 85007
(602) 542-4285
If to the Recorder:
Chief Deputy Recorder
Maricopa County Recorder’s Office
VIII. Independent Contractor; Organization Employment Disclaimer; No Agency.
A. Each Party is an independent contractor and shall be free to exercise its
discretion and independent judgment as to the method and means of performance of its work
hereunder, but in conformance with the ERIC bylaws, membership agreement, and Arizona
Elections Procedures Manual. The County’s employees shall not be considered employees of
the State, and State’s employees shall not be considered employees of County. Neither County
or State personnel will, by virtue of this Agreement, be entitled or eligible, by reason of this
Agreement, to participate in any benefits or privileges given or extended by the other Party to
its employees.
B. Each Party shall assume full responsibility for the actions of its personnel while
performing services under this Agreement, and shall be solely responsible for their supervision,
daily direction and control, payment of salary (including income taxes and social security),
wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation insurance, unemployment compensation, other benefits and taxes and
premiums.
C. Neither Party shall have any authority, express or implied, to act on behalf of the
other Party in any capacity whatsoever as an agent. Neither Party shall have any authority,
express or implied, pursuant to this Agreement to bind the other Party to any obligation
whatsoever.
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IX. Miscellaneous.
A. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original.
B. The Parties agree that should any part of this Agreement be held to be invalid or
void, the remainder of the Agreement shall remain in full force and effect and shall be binding
upon the Parties.
C. The laws of the State of Arizona shall govern this Agreement. Venue will be in
the Maricopa County Superior Court. In the event of any litigation or arbitration arising out of
this Agreement, the substantially prevailing Party in such litigation or arbitration shall be
entitled to recover its reasonable attorneys’ fees, expert witness fees and other costs of
litigation.
D. The Parties acknowledge that this Agreement is subject to the cancellation
provisions of A.R.S. § 38-511, as amended.
E. To the extent applicable under the provisions of A.R.S. § 41-4401, both Parties
warrant to the other that each Party will comply with all Federal Immigration laws and
regulations that relate to their employees and that each now complies with the E-Verify
Program under A.R.S. § 23-214(A).
F. Notwithstanding any other provision of this Agreement to the contrary, the
Parties acknowledge that they are subject to A.R.S. §§ 39-121 through 39-128 regarding public
records. Any provision concerning confidentiality is limited to the extent necessary to comply
with the provisions of Arizona law.
IN WITNESS WHEREOF, the Parties have executed this Agreement, effective as of the date last
signed below, by each having its authorized representative(s) affix his/her signature in the space
below:
FURTHER, In accordance with A.R.S. § 11-952, this Agreement has been reviewed by the Parties’
respective and undersigned counsel who have determined that this Agreement is in appropriate
form and is within the powers and authority of the respective Parties.
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Maricopa County Board of Supervisors
By:
Denny Barney DATE
Chairman
ATTEST: APPROVED AS TO FORM:
Fran McCarroll DATE Maricopa County Attorney DATE
Clerk of the Board
Arizona Secretary of State
By:
Michele Reagan DATE
ATTEST: APPROVED AS TO FORM:
DATE Assistant Attorney General DATE
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