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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 PENDERGAST ELEMENTARY SCHOOL DISTRICT SCHOOL DISTRICT PARTI 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 PENDERGAST 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 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 the School District, Page 1 of 7 4.2 4.1.3 4.1.4 4.15 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 behalf of the School District, be present for election night results on behalf of the School District, and contact the School District with election results, including updates on 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 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 the School District by the commercial vendor providing such services, or the Elections Department, in accordance with and arrangements agreed upon by the School 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 TE ATION 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 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 duties 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 contemplate 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 returned 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. 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. AMENDMENTS: Page 3 of 7 8.0 9.0 10.0 7.1. Any changes to this IGA shall be carried out in accordance with the following: 7.1.1. Awritten amendment, signed by both parties, 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 concerning this IGA shall be directed to the following contract representatives: Maricopa County: School District: Shane Wikfors Joanne Fimbres Director of Government & Public Relations Chief Financial Officer Maricopa County School Superintendent Pendergast Elementary School District 4041 N. Central Ave, Suite 1100 3802 N. 91st Ave. Phoenix, Arizona 85012 Phoenix, Arizona 85037 shane.wikfors@maricopa.gov jfimbres@pesd92.org (602) 506-4383 — Office (623) 772-2209 - Office EMPLOY LAIM 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 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 harmless the other party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorneys’ Page 4 of 7 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. 11.0 COMPLIANCE WITH APPLICABLE LAWS 11.1 Each party shall comply with all applicable laws, ordinances, Executive Orders, tules, 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 VII 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. 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 Page 5 of 7 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 A.R.S. § 41-4401 (e-verify fequirements) 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; 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 liability; 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 Represent¢tive Sb Hze Date Date 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 School District Page 6 of 7 6/14/2024 Am\| 12, 20274 Date Date Page 7 of 7