Extracted text (via ocr_local)
12554 characters
2.0
3.0
4.0
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY,
BY AND THROUGH THE MARICOPA COUNTY SCHOOL SUPERINTENDENT,
AND MURPHY ELEMENTARY SCHOOL DISTRICT SCHOOL DISTRICT
PARTIES
This Intergovernmental Agreement (IGA) provides a binding agreement between
Maricopa County, acting by and through the Maricopa County School Superintendent
(hereafter referred to as “School Superintendent”), and MURPHY ELEMENTARY SCHOOL
DISTRICT (hereafter referred to as “School District”) for elections services. Maricopa
County is authorized to enter Into this IGA under A.R.S. §§ 11-952, 15-301(C), 15-
302(A)(7) and (8), and 15-342(13).
PURPOSE
This IGA outlines the responsibilities of each of the parties to conduct school district
elections in Maricopa County. The Parties agree to cooperate and assist each other In
meeting the mutual obligations and duties of each office, because It Is good public policy
and benefit the citizens of Maricopa County.
TERM_OF AGREEMENT
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 publicity pamphlet that the School District Is required to mail
to qualified electors prior to the election. Maricopa County will format,
review, and proofread the publicity pamphlet. Then, upon the School
Districts approval of the pamphlet language and format, School
Superintendent will transmit the final and approved text to the 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, type any handwritten statements submitted, and prepare
the final formatted, electronic file. Upon approval by the School District,
Page 1 of 7
4.2
413
A14
41.5
School Superintendent will transmit the final approved text to the printer
and translator.
Provide and mail copies of the publicity pamphlets to persons upon request,
and publish an electronic version of pamphlets on the Maricopa County
Educational Service Agency's website,
Attend the Logic & Accuracy testing ‘at the Elections Department on behaif
of the School District, be present for election night results on behalf of the
Scticol District, and contact the Schoo! District with election results,
including updates ori election tallies, if requested. :
Proofread and have translated the sample ballot language. Upon the School
District's final approval, School Superintendent will provide the sample
ballot language to the County Elections Department.
School District's responsibilities are as follows:
4.2.1
4.2.2
4.2.3
Provide all materlals by the scheduled deadlines. Time is of the essence in
this IGA. Fallure by either party to meet deadlines prescribed inthe 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 the. School
District by the commercial vendor providing such services, or the Elections
Department, In accordance with and arrangements agreed upon by the
Schioo! District and vendor.
The School District will be responsible for all preclearance submissions to
the United State Department of Justice for any changes in the conduct of
‘elections (including, but not limited to, precinct consolidations, procedures,
materials, and polling places) required under Section 5 of the Voting Rights
Act.
5.0 ‘TERMINATION:
51
5.2
This IGA is subject to cancellation in accordance with the provisions of A.R.S. §
38-511.
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.
Page 2 of 7
5.3
5.4
5.5
5.6
5.7
Either party may terminate this IGA any time upon delivering a written notice of
termination to the other party two (2) months in advance of the requested date of
termination. Such notice shall be given by personal delivery or by Registered or
Certified mail.
This IGA may be terminated by mutual written agreement of the Parties specifying
the termination date therein.
Breach or noncompliance by the School District may also result in cancellation of
the election by Maricopa County when statutory dutles cannot be satisfactorily
performed as required by law. Monetary losses Incurred by Maricopa County or
vendors due to a breach or noncompliance by the School District will be borne by
the School District.
Performance by either party under this IGA is conditioned upon the appropriation
and availability of funds allocated for such purposes. If funds are not appropriated
or allocated for the purposes of this 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.
The Parties do not conternplate the joint acquisition of any property in the
performance of each Party's respective duties as outlined in the terms of this IGA.
However, any property purchased by a Party in the performance of said Party's
obligations under the terms of this Agreement shall be retumed to the party that
provided the funding for the property no less than 30 calendar days from the date
of termination of the IGA for any reason.
6.0 FUNDING
The School Superintendent shall charge the School District for services provided. For
each separate ballot question requested by the School 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 not exceed $1,250 per question.
The School District shall pay the School Superintendent within thirty (30) days of receiving
the Invoice for costs.
7.0 AMENDMENTS:
Page 3 of 7
10.0
71
Any changes to this IGA shall be carried out in accordance with the following:
7.1.1 A written amendment, signed by both partles, to this IGA shall be required
for every standard purpose listed below and all other purposes.
7.1.2 A written amendment, signed by both parties, to this IGA shall be required
for any other changes in terms and conditions of this IGA that the parties
deem substantial. ©
NOTICES:
Communication and details conceming this IGA shall be directed to the followingcontract
representatives:
Maricopa County: School District:
Shane Wikfors Linda Cordova
Director of Government & Public Relations Business Manager
Office of Maricopa County Murphy Elementary Schoo! District
Schoo! Superintendent
4041 N. Central Ave, Suite 1100 3140 W. Buckeye Road
Phoenix, Arizona 85012 Phoenix, Arizona 85009
shane.wikfors@maricopa.gov {cordova@msdaz.org
(602) 506-4383 ~ Office (602) 353-5058 - Office
EMPLOYMENT DISCLAIMER
9.1 This IGA isnot 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 obligations of the Parties shall be only
those expressly set forth in this IGA.
9.2 The Parties agres that there will be no discrimination 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).
GENERAL INDEMNIFICATIONS
10.1 To the extent allowable by law, each party (as “Indemnitor”) agrees to indemnify,
defend, and hold harmiess the other party (as “Indemnitee") from and against any
Page 4 of 7
and all claims, losses, liability, costs, or expenses (Including reasonable attomeys’
fees) (hereinafter collectively referred to as “Claims’) arlsing out of bodily injury
(including death) of any person or property damage, but only to the extent that
such Clalms 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, officlals, agents, employees, or volunteers.
11.0 COMPLIANCE WITH APPLICABLE LAWS
11.1 Each party shall comply with all applicable laws, ordinances, Executive Orders,
rules, regulations, standards, and codes of the Federal, State, and Local
governments whether or not specifically referenced herein. Specifically, the
following apply:
11.1.1 Unless exempt under Federal law, both parties shall comply with Title Vil of
the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-5, as updated In State
Executive Order No. 99-4, 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
in 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 Title VI of the Civil Rights Act of 1964, which
prohibits the denial of benefits of, or participation in contract services on
the basis of race, color, or national origin. Both parties shall comply with
the requirements of Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of disability, in
delivering contract services; and with Title Il of the 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.
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 regulations related to the immigration status of thelr
employees. The Parties shall obtain statements from any Subcontractors certifying
compliance and shail furnish the statements to the Department upon request. These
representations and warranties shall remain In effect throughout the term ofthis IGA. The
Page 5 of 7
Parties and any Subcontractors shall also maintain Employment Eligibility Verification
forms ([-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 performing 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 (every
requirements) and further acknowledge:
12.1 Thatthe Parties and any Subcontractors warrant thelr compliance with all Federal
immigrations laws and regulations that relate to thelr employees and their
‘compllance with A.R.S. §23-214;
12.2 That a breach of a warranty under section 12.1 above shall be deemed a material
breach of this IGA. and Maricopa County may immediately terminate this IGA
without llabllity; and
12.3 That Maricopa County 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
complying with the warranty provided under subsection 12.1 above and that the
Party 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 MARCIOPA FOR AND ON BEHALF OF SCHOOL
COUNTY: DISTRICT:
Maricopa County Representative School District Representative
44 a|2024-
Date Date
Pursuant to ARS. § 11-952, legal counsel has determined that this Intergovermmental
Agreement Is within the powers and authority granted under the laws of the State of Arizona.
ol iuie WA (oie
Attomey for Maricopa County iad for School District
Page 6 of 7
4/30/2024 | -3- OOO
Date
Page 7 of 7