AGREEMENT -- REPORTING SYSTEM MCED & COCONINO COUNTY.DOC

Purchasing Agreement
Between Maricopa County, Arizona and Coconino County, Arizona
For Elections Reporting System
This Purchasing Agreement (“IGA” or “Agreement”) is between Maricopa County,
Arizona, and Coconino County, Arizona have approved and executed this Agreement as set forth
below, “the Parties.”
Agreement
1. Purpose and Authority. Maricopa County has developed an election event reporting
system and software. Maricopa County agrees to sell and Coconino County agrees to
purchase the software for the election reporting system, without Maricopa County’s
internal links and references.
2. Purchase Price. Maricopa County agrees to accept the payment from Coconino County
for the purchase price of $1,500.00 (one thousand five hundred dollars). Coconino
County shall render payment within 10 days of the receipt of the software.
3. Term of Agreement. This agreement shall be effective as of the date signed by the
Chairman of the Maricopa County Board of Supervisors, and remain in full force and
effect until the delivery of and payment for the software is completed.
4. Right to Revoke. This agreement may be revoked at any time in writing by either party.
5. 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 (including death) of any person or
property damage, 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.
6. Responsibility. Each party agrees to be responsible for the conduct of its operations and
performance of contract obligations and for any accidents or injuries to persons or
property arising out of acts of omissions by its officers, agents or employees acting in the
course or scope of their employment while performing duties undertaken pursuant to this
Agreement. Maricopa County is not responsible for any of the maintenance or support
for the software.
7. Cancellation for Conflict of Interest. This Agreement is subject to cancellation for
conflict of interest according to A.R.S. § 38-511, the pertinent provisions of which are
incorporated herein by reference.
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8. Nonassignability and Not For Transfer or Resale. No party may assign any of its
duties or responsibilities, nor transfer or resell the software under this Agreement to
another entity without the prior written consent of the other parties.
9. Compliance with Laws. The parties shall comply with all federal, state and local laws,
rules, regulations, standards and Executive Orders, without limitation to those designated
within this Agreement. The laws and regulations of the State of Arizona shall govern the
rights of the parties, the performance of this Agreement and any disputes hereunder. Any
action relating to this Agreement shall be brought in an Arizona court.
10. Non-Discrimination. The Parties agree to comply with all provisions and requirements
of Arizona Executive Order 2009-09 including flow down of all provisions and
requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order
99-4 and amends Executive order 75-5 which is hereby incorporated into this Agreement
as if set forth in full herein. During the performance of this Agreement, the Parties shall
not discriminate against any employee, client or any other individual in any way because
of that person’s age, race, creed, color, religion, sex, disability or national origin.
11. ADA. The parties shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
12. Rights /Obligations of Parties Only. The terms of the Agreement 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. Nothing expressed herein shall affect the legal liability of any
party to this Agreement by imposing any standard of care different from the standard of
care imposed by law.
13. Entire Agreement. This Agreement contains the entire understanding of the parties
hereto. There are no representations or other provisions other than those contained herein,
and any amendment or modification of this Agreement shall be made in writing and
signed by the parties to this Agreement.
FOR AND ON BEHALF OF MARICOPA FOR AND ON BEHALF OF COCONINO
COUNTY, ARIZONA: COUNTY, ARIZONA:
_________________________________ _________________________________
_________________________________ _________________________________
Date Date
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FOR AND ON BEHALF OF MARICOPA
COUNTY:
______________________________
Andy Kunasek, Chairman
Board of Supervisors
______________________________
Date
Attested to:
______________________________
Fran McCarroll, Clerk of the Board
Pursuant to A.R.S. § 11-952, legal counsel has
determined that this Intergovernmental Agreement is
within the powers and authority granted under the
laws of the State of Arizona.
______________________________ __________________________________
Attorney for Maricopa County Attorney for Coconino County
______________________________ _________________________________
Date Date
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