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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY,
BY AND THROUGH THE MARICOPA COUNTY SCHOOL SUPERINTENDENT,
AND TOLLESON UNION HIGH SCHOOL DISTRICT
1.0
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 TOLLESON UNION
HIGH SCHOOL DISTRICT (referred to as "School District") for elections services.
School Superintendent is authorized to enter into this IGA under A.RS.§§ 11-952,
15-301 (C), 15-302(A){7) and (8), and 15-342(13).
2.0
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.
3.0
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.
4.0
RESPONSIBILITIES OF THE PARTIES
4.1
School Superintendent's responsibilities 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 School District's
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 School District, School
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Superintendent will transmit the final approved text to the printer and
translator.
4.1.3 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.
4.1 .4 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.
4.1.5 Proofread and have translated the sample ballot language. Upon School
District's final approval, School Superintendent will provide the sample
ballot language to the County Elections Department.
4.2
School District's responsibilities are as follows:
4.2.1 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.
4.2.2 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.
4.2.3 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
5.1
This IGA is subject to cancellation in accordance with the provisions of A.R.S. §
38-511.
5.2
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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5.3
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.
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 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.
5.6
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.
6.0
FUNDING
6.1
School Superintendent shall charge School District for services provided. For each
separate ballot question requested by 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.
School District shall pay School Superintendent within 30 days of receiving the
invoice for costs.
7 .0
AMENDMENTS:
7.1
Any changes to this IGA shall be made by written amendment, signed by both
parties.
8.0
NOTICES:
8.1
Communication and details concerning this IGA shall be directed to the following
contract representatives:
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Maricopa County:
Shane Wikfors
Director of Government & Public Relations
Office of the Maricopa County
School Superintendent
4041 N. Central Ave, Suite 1100
Phoenix, AZ 85012
shane.wikfors@maricopa.gov
602-506-4383 - Office
9.0
EMPLOYMENT DISCLAIMER
School District:
Kenneth Hicks
Chief Financial Officer
Tolleson Union High School District
9801 W. Van Buren St.
Tolleson, AZ 85353
kenneth.hicks@tuhsd.org
623-478-4003 - Office
9.1
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 obligations of the parties shall be only
those expressly set forth in this IGA.
9.2
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 law, each party (as "lndemnitor") agrees to indemnify,
defend, and hold harmless the other party (as "lndemnitee") 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 lndemnitee, are caused by the
act, omission, negligence, misconduct, or other fault of the lndemnitor, its officers,
officials, 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:
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11.1.1 Unless exempt under federal law, both parties shall comply with Title VI I 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 II 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
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 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 (1-9), 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.RS. § 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.RS.§ 23-214;
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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
COUNTY:
FORANDONBEHALF OFSCHOOL
DISTRICT:
Maricopa County School Superintendent
Date
Date
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
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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.
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Attorney for Maricopa County
Attorney for School District
Carrie O'Brien for Tolleson Union High School District
3/11/2024
March 15, 2024
Date
Date
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