ELECTIONS TEMPLATE FOR IGAS FINAL.DOC
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MARICOPA COUNTY OFFICE OF THE COUNTY RECORDER AND DEPARTMENT OF ELECTIONS 111 So. Third Avenue Phoenix Arizona 85003 (602) 506 1511 A G R E E M E N T Whereas, the County of Maricopa has a comprehensive voting system and certified Elections Officials; and Whereas, the ( ) seeks Maricopa County assistance in the conduct of elections; and Whereas, it is good public policy and benefits the citizens of Maricopa County and is the purpose of this Agreement to make available to any City, Town, or Special Election Jurisdiction within the corporate limits of Maricopa County the services already in being; Now, Therefore, IT IS AGREED by and between the County of Maricopa, hereinafter called the "County", through the agency of the Maricopa County Recorder and Department of Elections, and the ( ) hereinafter called the "Jurisdiction," pursuant to A.R.S. §§ 16-172, 16-205 and 11-951 et seq., an agreement as follows: I. The County shall: 1. Make available support services, ballots, voting equipment, vote tallying equipment, precinct supplies, and such other election materials as may be required for proper conduct of elections; 2. To the extent the County determines it is able, provide County personnel necessary to effectively administer an election; 3. Furnish such election administrative materials, which have been prepared for County elections, to the Jurisdiction at the applicable cost set forth in the Jurisdictional Election Cost and Services Information; 4. Conduct early balloting and election functions at the polls as agreed by the parties; 5. Provide other services related to each election as agreed upon between the parties. II. The Jurisdiction shall: 1. Reimburse the County for costs, as set forth in the applicable Jurisdictional Election Cost and Services Information, for election materials, supplies and equipment and personnel required in direct support of the Jurisdiction Election; 2. Notify the County to arrange for verification of signatures on Early Voting Requests and Ballots to be Verified; 3. Be responsible for the security of all ballots tabulated by officials and vendors other than County and ensure that election functions performed by Jurisdiction or its outside vendors comply with applicable law and regulations of the Secretary of State; 4. Comply with County restrictions on use and dissemination of voter information and ensure use of voter registration information as proscribed by law and only for Jurisdiction’s election purposes as authorized by law (Arizona Revised Statutes, Title 16, Section 168); 5. Comply with the Voting Rights Act of 1965 by providing election materials in English, Spanish and Native American languages, where applicable; and be responsible for payment to County for providing the translation services; 6. Provide a list of inactive voters who voted or allow County to scan Jurisdiction's rosters for inactive voters who voted following a jurisdictional election, for the purpose of re-establishing the inactive voter to active status, and for updating the County’s voter registration files to reflect address and other registration changes requested by voters; 7. Be responsible for the creation, translation, printing, and mailing of all publicity pamphlets. III. The County and the Jurisdiction mutually covenant and agree: 1. The Jurisdiction will be responsible for charges for printing of ballot pages, sample ballots, ballot labels, or any other items by commercial means will be billed directly to the Jurisdiction by the commercial vendor providing such services, unless alternate arrangements are agreed to by the County Director of Elections or designated deputy; 2 3. In the event conflict arises between the County and the Jurisdiction over the use of voting equipment, vote tallying equipment, or County Elections’ personnel, the County will have priority usage. The County further agrees to make every effort to reconcile conflicts and make reasonable provisions with the Jurisdiction so neither party will suffer as a consequence of conflict; 4. This contract will continue in full force and effect from year-to-year, without renewal, subject to cancellation for the immediate calendar year by either party not later than January 31 of any year; 5. This contract shall become effective from and after the date of its execution by the governing bodies of both the County and the Jurisdiction; 6. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this Agreement shall be returned to the furnishing party. Any funds of the Jurisdiction paid to the County in accordance with this Agreement and not encumbered at the time of termination shall be refunded to the Jurisdiction; 7. This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______ day of _______________________, ________. THE ABOVE AGREEMENT HAS BEEN REVIEWED AND DETERMINED TO BE IN PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THIS STATE TO THE COUNTY. MARICOPA COUNTY ATTORNEY MARICOPA COUNTY BOARD OF SUPERVISORS By: _______________________________ By:_______________________________________ DEPUTY COUNTY ATTORNEY CHAIRMAN ATTEST: _________________________________ 3 CLERK, MARICOPA COUNTY BOARD OF SUPERVISORS THE ABOVE AGREEMENT HAS BEEN REVIEWED AND DETERMINED TO BE IN PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THIS STATE TO THE JURISDICTION. FOR ___________________________________________ (name of jurisdiction) SIGNATURE: ___________________________________________ PRINTED NAME: ________________________________________ TITLE: _________________________________________________ DATE: _________________________________________________ ATTEST (REQUIRED): _______________________________________ _________________________________________ _____________________________ ATTORNEY FOR JURISDICTION DATE 4