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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY,
BY AND THROUGH THE MARICOPA COUNTY SCHOOL SUPERINTENDENT,
AND GLENDALE ELEMENTARY SCHOOL DISTRICT
PARTIES
1.1. This Intergovernmental Agreement (IGA) provides a binding agreement between
Maricopa County, acting by and through the Maricopa County School
Superintendent (referred to as “School Superintendent’), and GLENDALE
ELEMENTARY SCHOOL DISTRICT (referred to as “School District’) for elections
services. School Superintendent is authorized to enter into this IGA under A.R.S.
§§ 11-952, 15-301(C), 15-302(A)(7) and (8), aid 15-342(13).
PURPOSE
2.1 This IGA outlines the reszonsibilities of eact of the parties to conduct school’
district elections in Maricopa County. The parties agree to cooperate and assist
each other in meeting the mutual obligat ons and duties of each office, because it
is good public policy and be efits the citizens of Maricopa County.
TERM _ OF AGREEMENT
3.1. This IGA shall become effective upon approval by the Maricopa County Board of
Supervisors and expire December 31, 2026, unless terminated earlier by the
parties.
RESPONSIBILITIES OF THE PARTIES
4.1. School Superintendent's responsibilities are as follows:
4.1.1 Produce any publicky pamphlet that School District is required to mail to
qualified electors pr:or to the election. School Superintendent will format,
review, and proofread the publicity pamphlet. Then, upon School District's
approval of the pamphlet language and format, School Superintendent will
transmit the final and approved text to che printer and translator. :
4.1.2 Manage the publication of the Pro/Con Statements. School Superintendent °
will accept the Pro/Con Statements for filing, then process the Statements,
verify word count, tyde any handwritten statements submitted, and prepare
the final formatted electronic file. Upon approval by School District, School
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Superintendent will transmit the fina approved text to the printer and
translator.
Provide and mail copies of the publicity pamphlets to persons upon request
and publish an elect-onic version of the pamphlets on the Maricopa County
Educational Service Agency's website.
Attend the Logic & Accuracy testing at the Elections Department on behalf
of School District, be present for election night results on behalf of School
District, and contact School District with election results, including updates
on election tallies, if requested.
Proofread and have translated the sample ballot language. Upon School
District's final approval, School Superinzendent will provide the sample
ballot language to the County Elections Department.
School District's responsibilities are as follows:
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Provide all materials by the scheduled deadlines. Time is of the essence in
this IGA. Failure by either party to meet deadlines prescribed in the Election
Timetables incorporated herein by reference jeopardize timely performance
of election duties and timely production/mailing of informational reports
and pamphlets as required by law.
Charges for printing of ballot pages, sample ballots, ballot labels, or any
other items by commercial means will be billed directly to Schoo! District by
the commercial vendor providing such services, or the Elections
Department, in accordance with arrangements agreed upon by School
District and vendor.
School District will be responsible for a! preclearance submissions to the
United State Department of Justice fcr any changes in the conduct of
elections (including, but not limited to, precinct consolidations, procedures,
materials, and polling places) required inder Section 5 of the Voting Rights
Act.
5.0 TERMINATION
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This IGA is subject to cancellation in accordance with the provisions of A.R.S. §
38-517.
In the event conflict arises, the parties agree to make every effort to reconcile
conflicts and make reasonable provisions to ensure neither party will suffer as a
consequence of conflict.
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termination to the other party two months in advance of the requested date of
termination. Such notice shall be given by personal delivery or by Registered or
Certified mail.
5.4. This IGA may be terminated by mutual written agreement of the parties specifying
the termination date. ‘
5.5 Breach or noncompliance by School Diszrict may also result in cancellation of the
election by School Superintendent wher statutory duties cannot be satisfactorily
performed as required by law. Monetary losses incurred by School Superintendent
or vendors due to a breach or noncompliance by School District will be sorne by’
School District.
5.6 Performance by eitrer party under this IGA is conditioned upon the appropriation
and availability of funds allocated for such pursoses. If funds are not appropriated
or allocated for the purposes of ths IGA, then this IGA shall terminate
automatically as of the date of expiration of funding, with each party owing no duty
or obligation to the other party except for payment for services rendered or
expenses incurred prior to the expiration of funding.
FUNDING
6.1 School Superintendent shall charge Schcol District for services provided. For each
separate ballot question requested by Schoo’ District, the following service fee
shall apply:
Election Year 2024 shall not exceed $750 per question.
Election Year 2025 shall not exceed $1,000 per question.
Election Year 2026 shall rot exceed $1,250 per question.
School District shall pay School Superirtendent within 30 days of receiving the
invoice for costs.
AMENDME ji
7.1 Any changes to this IGA shall be made by written amendment, signed by both
parties.
NOTICES:
8.1. Communication and details concerning tris IGA shall be directed to the following
Either party may terminate this IGA any tinva upon delivering a written notice of
contract representatives:
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Maricopa County: School District:
Shane Wikfors Mike Barragan
Director of Government & Puslic Relations Assistant Superintendent for Business
and Auxiliary Services
Cffice of the Maricopa County Glendale Elementary School District
School Superintendent 7301 N. 58th Ave.
4041 N. Central Ave, Suite 11C0 Glendale, AZ 85301
Phoenix, AZ 85012 mbarragan@gesd40.org
shane.wikfors@maricopa.goy 623-237-7110 - Office
602-506-4383 — Office
9.0 EMPLOYMENT DISCLAIMER
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This IGA is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture agreement, partnership, or other formal business association or
organization of any kind, and the rights and otligations of the parties shall be only
those expressly set forth in this IGA.
The parties agree that they will not discriminate as to race, sex, religion, color, age,
creed, or national origin in regard to obligations, work, and services performed
under the terms of any contract ensuing from this engagement, The parties will
comply with Executive Order No. 11246, entitled “Equal Employment Opportunity”,
and as amended by Executive Order No. 11375, as supplemented by the
Department of Labor Regulations (41 CFR, Part 60).
10.0 GENERAL INDEMNIFICATIONS
10.1
To the extent allowable by ‘aw, each party (as “Indemnitor”) agrees to indemnify,
defend, and hold harrrless the other party (as “Indemnitee”) from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorneys’
fees) (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 zhe Indemnitee, are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers.
11.0 COMPLIANCE WITH APPLICABLE LAWS
11.1
Each party shall comoly with all applicable laws, ordinances, Executive Orders,
rules, regulations, stendards, and codes cf the federal, state, and local
governments whether or not specifically re‘erenced herein. Specifically, the
following apply:
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12.0
11.1.1 Unless exempt under federal law, both parties shall comply with Title VI! of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, ard State Executive Order No. 75-5, as updated in State
Executive Order Nos. 99-4, 2023-31, and 2023-09, which mandates that all.
persons, regardless of race, color, religion, sex, age, national origin, or
political affiliation, shall have equal access to employment opportunities.
Both parties shall comply with the Rehabilitation Act of 1973, as amended,
which prohibits discrimination i1 the employment of qualified persons
because of physical or mental disability. Both parties shall comply with the
requirements of the Fair Labor Standards Act of 1938, as amended.
11.1.2 Both parties shall comply with Tit e Vi cf the Civil Rights Act of 1964, which
prohibits the denial of benefits 0*, or participation in contract services on_
the basis of race, color, or nationa origin. Both parties shall comply with the
requirements of Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on che basis of disability, in delivering
contract services; and with Title {| o* tae Americans with Disabilities Act,
and the Arizona Disability Act, which prohibit discrimination on the basis of
physical or mental disabilities in the provision of contract programs,
services, and activities.
(CAT EGARDING LIANCE WITH A. 23-214 AND
IMMIGRATION LAWS AND REGULATIONS
By entering into this IGA, the parties represent and warrant compliance with the
Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and
state immigration laws and reculations related tc the immigration status of their
employees. The parties shall obtain statements from any subcontractors certifying
compliance and shall furnish the statements to the Department upon request. These
representations and warranties shall remain in effect throughout the term of this IGA. The
parties and any subcontractors shall also maintain Employment Eligibility Verification
forms (I-9), as required by the U.S. Department of Labor's Immigration Reform and Control
Act of 1986 (Pub. L. No, 99-603), for all employees zerforming work under this IGA. 1-9
forms are available for download at USCIS.GOV.
The parties warrant that they are in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledge: ,
12.1 That the parties and any subcontractors warrant their compliance with all federal .
immigrations laws end regulations thet relate to their employees and their
compliance with A.R.S. § 23-214;
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That a breach of a warranty under section 12.1 above shall be deemed a material
breach of this IGA and School Superintendent may immediately terminate this IGA
without liability; and
That School Superintendent and any contracting government entity retains the
legal right to inspect the papers and employment records of any party or
subcontractor employee who works on this IGA to ensure that the party or
subcontractor is comelying with the warranty provided under subsection 12.1
above and that the perty agrees to make all papers’ and employment records of
said employee(s) available during normal working hours in order to facilitate such
an inspection.
FOR AND ON BEHALF OF MARICOPA FOR AND ON BEHALF OF SCHOOL
COUNTY:
DISTRICT:
Wh bu —
Maricopa County School Superinterdent School District Representative
sh }o0-y
Date
Date
Chairman, Board of Supervisors
Date
ATTEST:
Ak Ex
Clerk of the Board
slrlreo4
Date
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Pursuant to A.R.S. § 11-952, legal counsel has determined that this Intergovernmental
Agreement is within the powers enc authority granted unde~ the laws of the State of Arizona.
Gust Rosenfeld
we
ALE (BAI O Brier
Attorney for Maricopa County Attorney fer School District
Carrie O'Brien
May 6, 2024
Date
3/11/2024
Date
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