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1.0 2.0 3.0 4.0 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY, BY AND THROUGH THE MARICOPA COUNTY SCHOOL SUPERINTENDENT, AND ROOSEVELT 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 ROOSEVELT 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), and 15-342(13). PURPOSE 2.1 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 benefits 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 responslbilities are as follows: 4.1.1 Produce any publicity pamphlet that School District is required to mail to qualified electors prior to the election. School Superintendent will format, review, and proofread the publicity pamphlet. Then, upon Schoo! District's approval of the pamphlet language and format, School Superintendent will transmit the final and approved text to the printer and translator. a 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 School District, School Page 1 of 7 4.2 4.1.3 41.5 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 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, Schoo! 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 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 infarmational 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 School 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 ail 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 5.1 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 6.0 7.0 8.0 5.3 5.4 5.5 5.6 Either party may terminate this IGA any time upon delivering a written notice of 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. This IGA may be terminated by mutual written agreement of the parties specifying the termination date. Breach or noncompliance by School District may also result in cancellation of the election by School Superintendent when 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 borne by 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. FUNDING 6.1 School Superintendent shall charge Schoo! District for services provided. For each separate ballot question requested by School District, the following service fee shall apply: Election Year 2024 shail 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. School District shall pay School Superintendent within 30 days of receiving the invoice for costs. AMENDMENTS: 7.1 Any changes to this IGA shall be made by written amendment, signed by both parties. NOTICES: 8.1 Communication and details concerning this IGA shall be directed to the following contract representatives: Page 3 of 7 9.0 10.0 11.0 Maricopa County: School District: Shane Wikfors Director of Government & Public Relations Office of the Maricopa County Roosevelt Elementary School District School Superintendent 6000 S. 7th St. 4041 N. Central Ave, Suite 1100 Phoenix, AZ 85042 Phoenix, AZ 85012 shane,wikfors@maricopa.gov 602-243-2621 ~ Office 602-506-4383 — Office EMPLOYMENT DISCLAIMER 9.1 This IGA is not intended to constitute, create, give rise to, or otherwise recognize a 9.2 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. 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). GENERAL MNIFICATION 10.1 To the extent allowable by law, 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) (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. 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: Page 4 of 7 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 Nos. 99-4, 2023-01, 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 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. 12.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 23-214 AND FEDERAL IN LAWS Al Vite) 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 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 performing work under this IGA. 1-9 forms are available for download at USCIS.GOV. The parties warrant that they are in compliance with ARS. § 41-4401 (e-verify requirements) and further acknowledge: 12.1 That the parties and any subcontractors warrant their compliance with all federal immigrations laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214, Page 5 of 7 12.2 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 12.3. 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 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 MARICOPA FOR AND ON BEHALF OF SCHOOL COUNTY: DISTRICT: Lfktble Maricopa County School Superintendent School District Representative o5|22-[24 Date Date Chairman, Board of Supervisors Date ATTEST: Clerk of the Board Date Page 6 of 7 Pursuant to ARS. § 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 Attorhey for School District 3/14/2024 5: ~ [ 4 ~ OQ i Date Date Page 7 of 7