E-QUAL PORTAL IGA WITH MCOA EDITS.DOCX

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY
THROUGH THE MARICOPA COUNTY RECORDER’S OFFICE
AND THE ARIZONA SECRETARY OF STATE
FOR WEB SERVICE PROJECT
(C-XX-XX-_______)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), through its Maricopa County
Recorder’s Office, and the Arizona Secretary of State (SOS). The County and State are
collectively referred to as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. Arizona Revised Statutes § 11-952 et seq. authorizes public agencies to enter
into Intergovernmental Agreements for the provision of services or for joint cooperative
action.
2. Arizona Revised Statutes § 16-317, enacted by the Arizona Legislature, and
effective as of January 1, 2017, provides in Subsection A that “the secretary of state
shall provide a system for qualified electors to sign a nomination petition for candidates
for city or town office, county office and the office of precinct committeeman by way of a
secure internet portal.”
BACKGROUND
3. The Secretary of State operates a secure internet portal known as “E-Qual.” The
E-Qual portal allows registered voters in the correct jurisdiction to electronically sign a
candidate nomination petition. The SOS intends to expand E-Qual to include petitions
for city, town, county and precinct committeemen candidates, including those in
Maricopa County.
4. The County and the SOS desire to provide the SOS with necessary data (Data)
maintained by the Maricopa County Recorder. A new web service must be established
because the County is not currently connected to the SOS E-Qual portal.
PURPOSE OF THE AGREEMENT
5. The SOS and County will establish a web service which will allow the County to
transmit Data to the SOS for the SOS to utilize its E-Qual portal for electronic signatures
of candidate petitions.
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6. The SOS and County will work cooperatively to establish a web service in the
most cost effective and expeditious manner.
TERMS OF THE AGREEMENT
7. Responsibilities of the County:
7.1 The County will provide the following voter Data to the SOS via the web
system:
A. Voter Registration ID
B. County
C. Congressional District
D. Legislative District
E. City or Town
F. City Ward or Council District
G. Justice of the Peace District
H. Governing Board of a School District
I. Community College District
J. Precinct
7.2 The County will work cooperatively with the SOS to establish the web
service.
8. Responsibilities of the Secretary of State:
8.1 The SOS will operate its E-Qual system and integrate the County’s Data
as follows:
A. A registered voter will access E-Qual to attempt to sign an eligible
candidate petition.
B. The voter must verify he or she is a qualified elector by providing
an Arizona Driver’s License Number or Arizona Non-Operating
Identification Card Number (along with certain additional
credentials) that matches the voter’s registration record.
C. E-Qual determines whether the voter resides in a county that
utilizes the statewide voter registration database. If E-Qual
determines that the voter resides in a county that does not utilize
the statewide voter registration database, E-Qual must rely on a
web service to access the necessary Data.
D. If the voter’s credentials match the voter’s registration record, the
web service will return the Data that corresponds to the voter.
E. E-Qual will display the candidate petitions in which the voter is
eligible to sign based on the Data received from the web service.
8.2 The SOS will work cooperatively with the County.
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GENERAL TERMS AND CONDITIONS
9. By entering into this Agreement, the Parties agree that to the extent permitted
by law, each Party will defend, indemnify and save the other Party harmless,
including any of the Parties’ departments, agencies, officers, employees, elected
official or agents, from and against all loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out
of the performance or nonperformance by the indemnifying Party of any of the
provisions of the Agreements. By entering into the Agreement, each Party
indemnifies the other against all liability (including but not limited to vicarious
liability), losses and damages of any nature that is occasioned by the
performance or nonperformance of the Agreement, except such injury or
damage that is occasioned by the negligence of that other Party. The damages
which are the subject of the indemnity shall include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees,
elected officials, or agents. In the event of an action, the damages which are
the subject of this indemnity shall include costs, expense of litigation and
reasonable attorneys’ fees.
10. All parties shall comply with Executive Order 75-5, as amended by Executive
Order 2009-09, which mandates that all persons, regardless of race, color,
religion, sex, age, national origin or political affiliation, shall have equal access to
employment opportunities, and all other applicable State and Federal employment
laws, rules and regulations, including the Americans with Disabilities Act. All
parties shall take affirmative action to ensure that applicants for employment and
employees are not discriminated against due to race, creed, color, religion, sex,
national origin or disability.
11. All parties shall comply with A.R.S. § 23-214, which requires verification of
employment eligibility through the e-verify program, provides economic
development incentives for those that comply, and requires a list to be provided
quarterly to the United States SOS listing those employers who have adhered to
the requirements.
12. This document is the complete and exclusive statement of understanding
between the parties, and it supersedes all proposals, oral or written, and all
other documents or communications between the parties relative to the subject
matter herein covered, unless such documents or communications are
specifically included by reference.
13. The laws of the State of Arizona shall govern the construction and interpretation
of this Agreement.
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14. This Agreement is subject to the provisions of A.R.S. § 38-511 relating to
conflicts of interest.
15. This Agreement is subject to the provisions of A.R.S. § 12-1518 relating to the
use of arbitration.
16. Any amendments, including all requests for additional services, shall be in
writing and signed by both parties to this Agreement.
17. This Agreement shall become effective on the date that it is approved by the
Maricopa County Board of Supervisors and remain in full force and effect until
all stipulations previously indicated have been satisfied except that it may be
amended upon written agreement by the Parties. Any Party may terminate this
agreement upon furnishing the other Party with a written notice at least thirty
(30) days prior to the effective termination date.
18. The Parities warrant that they are in compliance with A.R.S. Section 41-4401
and further acknowledge that:
18.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the subject of this Agreement shall warrant their compliance with
all federal immigration laws and regulations that relate to their
employees and their compliance with the E-Verify program under
A.R.S. Section 23-214(A), and shall keep a record of the verification
for the duration of the employee’s employment or at least three
years, whichever is longer.
18.2 Any breach of the warranty shall be deemed a material breach of the
Agreement, and is subject to penalties up to and including termination of
the contract.
18.3 The Parties retain the legal right to inspect the papers of any contractor
or subcontractor employee who works on the project to ensure that the
contractor or subcontractor is complying with the warranty above and to
require that the contractor make all papers and employment records of
any employee available during normal working hours in order to facilitate
such an inspection.
18.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
19. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Recorder
(address)
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Arizona Secretary of State
(address)
20. This Agreement does imply authority to perform any tasks, or acceptance
responsibility, not expressly stated in this Agreement.
21. This Agreement does not create a duty or responsibility unless the intention to
do so is clearly and unambiguously stated in the Agreement.
22. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
23. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which together shall constitute the same
instrument. Faxed, copied and scanned signatures are acceptable as original
signatures.
24. The Parties agree that the venue for any claim arising out of any or in any way
elated to this Agreement shall be Maricopa County, Arizona.
25. This Agreement shall be governed by the laws of the state of Arizona.
26. This Agreement shall be for five (5) years and may be renewed for additional
one-year terms upon agreement of the parties.
26. The Parties agree that each Party retains ownership of its Data, and that the
County retains ownership of Data shared with the SOS. Neither Party may
release, store, save, disseminate or otherwise use Data in any manner or form.
26. The Parties agree that each Party is responsible for safely maintaining the
integrity and confidentiality of the other Party’s Data received or under its control
as a result of the Agreement. Each Party will immediately notify the other Party
upon discovery of a breach of the Data, and will work cooperatively with the
other Party to terminate, minimize, and resolve the breach.
Signatures follow on next page
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WEB SERVICES IGA
IN WITNESS WHEREOF, the parties have executed this Agreement at Phoenix,
Arizona.
STATE OF ARIZONA MARICOPA COUNTY
____________________________ _____________________________
Secretary of State Denny Barney, Chairman of the Board
Supervisors
_____________ ____________
Date Date
Approved as to form:
____________________________ ______________________________
Assistant Attorney General Maricopa County Attorney
____________ ____________
Date Date
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