HomeMy WebLinkAboutResolution 2007-002 IGA with pima county for 2007 election services
MARANA RESOLUTION NO. 2007-02
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR ELECTION SERVICES BETWEEN THE TOWN
AND PIMA COUNTY FOR THE PRIMARY AND GENERAL ELECTIONS IN 2007.
WHEREAS, A.R.S. S 11-952 grants the Town of Marana the authority to enter into
intergovernmental agreements; and
WHEREAS, the Town of Marana seeks Pima County assistance in the preparation and
conduct of Primary and General Elections for the Town Council Members as required by A.R.S.
Section 9-231(A), to be held in March and May of every odd year, respectively; and such other
Special Elections as the Town may require. Elections will be held on the Consolidated Election
dates pursuant to A.R.S. Section 16-204; and
WHEREAS, the Town of Marana and Pima County Recorder's Office last entered into an
Intergovernmental Agreement for the provision of election services to the Town in 2004; and
WHEREAS, pursuant to said Agreement, the Town is obligated to submit payments to the
County to cover the Town's share of election costs; and
WHEREAS, the Mayor and Council have determined that the Intergovernmental Agreement
reflects the payment schedule for reasonable costs associated with election services provided by the
County; and
WHEREAS, the Mayor and Council have reviewed the intergovernmental agreement t and
find that the terms contained therein are equitable and in the best interest of the Town and its
residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a,
Arizona, that the intergovernmental agreement for the provision of election services to the Town are
hereby approved and adopted.
BE IT FURTHER RESOLVED that the various town officers and employees are authorized
and directed to perform all acts necessary or desirable to give effect to this resolution.
Marana Arizona Resolution No. 2007-02
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
9th day ofJanuary, 2007.
ATTEST:
~;~i~WH ./'/",
~.. OF M4"~
~. ~~\""",,/~..9~' ~
~O~~ ~"7~~
::: ~ ~ CORPORATE ~ ':P ~
=: :: cx:x:) ~ _
:: ~SEALE =
I>"! ~ ~;::
~ ~ ~ s
~ "<i ~llllIm\\\~ ~
~ ttlZ ~~I'~
~/it~~~U\\~
t!~~
Mayor ED HONEA
Marana Arizona Resolution No. 2007-02
RESOLUTION NO. 2007 _ 20
RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF
MARANA FOR ELECTION SERVICES TO BE EFFECTIVE FEBRUARY 1, 2007 THROUGH
COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS IGA,
PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY
LEGAL CHALLENGE TO THE ELECTION.
WHEREAS, Pima County is authorized, under Arizona Revised Statutes ~~16-205(C), 16-450, 11-
251(3), 11-951 et seq., to perform services regarding elections; and
WHEREAS, the Town of Maran a is allowed under Arizona Revised Statutes, Title 9, Title 11, and
Title 16, to call for Elections; and
WHEREAS, the County and the Town of Marana have determined that the use of the services of
the Pima County Recorder and Division of Elections is in the public interest, and the County agrees to
provide said services:
NOW, THEREFORE, upon motion duly made, seconded and carried, be it resolved:
That Pima County enter into the Intergovernmental Agreement between Pima County and the
Town of Marana for Election Services; and
That the Chair of the Board of Supervisors be authorized and directed to SIgn said
Intergovernmental Agreement.
PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this
6th day of February, 2007.
ORS
Ch
A TIEST x'. \- >~l., .~, ~. I"
~...~:.......~
. \ P .,\ ". 1~. ) ,
J ., . , .
Clet:k of the Board .
,',' -. r.' i' '1)\ ~,; '1 'y "
~. <J ',J I'll..
APPROVED AS TO FORM:
/
~ G}/. ~~
Depu County Attorney
.'C!..
, "
.. . ~ . .
>! (, I .~ - r:, \\ \.
~~-dt
CONTR';CT
NO. 01- j!IJ!J$.9J..1f . ()J. 0 'J
AMENOME 1'1 i ,~,J .._ __...'
This nUlite" ,-...' . --
invoices, ~: "- -. : . :,,' - 0
documents ~"',, . . te
contract.
en all
and
this
INTERGOVERNMENTAL AGREEMENT
For Election Services
Among The Town of Marana and Pima County
This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF
PIMA COUNTY, ARIZONA, a municipal subdivision of the State of Arizona ("the Town") and PIMA
COUNTY, a political subdivision of the State of Arizona ("the County"), on behalf of the PIMA
COUNTY RECORDER ("the Recorder").
RECITALS
1. The Town, pursuant to A.R.S. ~9-231(A) will prepare for and conduct two elections: a Primary
Election to be held on March 13, 2007; and a General Election to be held on May 15,2007 if
necessary for members of its common council.
2. A.R.S. ~~16-205(C), 16-172, 11-251 (3), 16-450, and 16-405 et seq. authorize the County to
perform services for any political subdivision regarding elections.
3. A.R.S. ~16-172 authorizes any political subdivision conducting elections to utilize the County
registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter
registration data to the subdivision.
4. A.R.S. ~16-408(D) permits the governing body of any election district authorized to conduct an
election to contract with the Board of Supervisors and Recorder for election services, with the
contracted cost being a charge against the election district.
5. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. ~11-
952 et. seq.
6. The Town desires to utilize the Pima County registration rolls and other election-related services
provided by the Recorder for the Primary Election to be held on March 13, 2007 and a General
Election to be held on May 15, 2007 for members of its common council.
7. The Town, the County and the Recorder have determined that it is in the best interest of the
public for the Town to use the services of the Recorder in conducting the elections called for
March 13,2007 and May 15,2007.
Now, therefore, the parties agree, as follows:
2
AGREEMENT
1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder
and the Town with respect to the March 13,2007 and May 15,2007 elections to be held by the
Town of Marana. The elections will be held in accordance with the provisions of A.R.S. ~16-558
et seq.
2. Term. The term of this IGA shall be from February 1, 2007 through completion of all
obligations and activities contemplated by this IGA, provided that the term shall continue through
final resolution of any legal challenge to the election. Any modifications or time extension of this
IGA shall be by formal written amendment and executed by the parties.
3. County Recorder Services: The Recorder shall:
(1) Provide the official precinct registers and signature rosters, and provide them to the
County's Division of Elections no later than ten days prior to the Election, at a cost of
$18.00 per precinct; and provide the precinct registers for use by the Early Voting Board
no later than 9:00 a.m. the day before the Election.
(2) Provide services related to early balloting. These services include: providing and
processing request forms, mailing ballots, all necessary materials and programming for
on-site voting at the Marana Town Hall and the Pima County Recorder's Office, and
verification of all early ballots voted for the elections. Verified early ballots will be
delivered to the Early Ballot Board beginning four (4) days prior to each election and
continuing until the close of the polls on Election Day.
(3) Provide Deputy County Recorders for team early voting when necessary at $50.00 per
request and give the Town notice of each request for team early voting.
(4) Prepare and deliver a single invoice to the Town no later than 21 days after the final
election date, containing a detailed breakdown of all Recorder costs for these elections.
4. Town Obligations. Town shall:
(1) Notify the Recorder in writing, at least 120 days or at such other time as the parties may
agree before any consolidated election date on which the Town wants services pursuant to
this IGA, detailing the election-related services pursuant to this IGA.
(2) Make all submissions required under Section 5 of the V o ring Rights Act to the
Department of Justice and provide timely notice to County of any pre-clearances required
under Section 5 of the Voting Rights Act.
(3) Prepare and distribute any requisite translation, printing, and mailing of all publicity
pamphlets.
(4) Should the election be challenged or questioned for any reason whatsoever, then the
Town shall be solely responsible for defending, legally or otherwise, said elections. This
duty shall survive the expiration of the IGA, provided that the County shall cooperate
3
Intergovernmental Agreement
with the Town in making relevant information and witnesses available upon reasonable
request.
(5) Within 30 days of the date of each invoice, the Town shall reimburse the County, in full,
for invoiced costs of election materials, supplies and equipment, and personnel required in
direct support of the Town election, as set forth below and in Exhibit A.
(6) Be responsible for the security of all ballots tabulated by officials and vendors other than
Pima County's agents or employees and ensure that any functions performed by Town or
its outside vendors comply with applicable law and procedures of the Secretary of State.
(7) Furnish office space and staff to issue replacements ballots at the Town Offices and to
accept voted ballots until 7:00 p.m. on both election days. The Town staff will notify the
Recorder prior to delivery of any replacement ballots to any voter.
(8) Arrange for and publish any and all notices of this election as required by law.
5. Financing/Payment. Within thirty (30) days of the date of invoice, Town will pay the Pima
County Recorder:
(1) $5.75 for each ballot mailed;
(2) $0.75 for signature checking on each returned ballot;
(3) $3.00 for each replacement ballot issued by mail, $1.25 for each replacement ballot issued
at a satellite voting location;
(4) Special ballot inserts: 1~ per ballot for single page 8% x 11" or % sheet (20 lb. minimum
paper weight); or 5~ per ballot for multiple pages or larger than 8% x 11", plus any
additional postage cost;
(5) Actual cost of postage and all other necessary materials for early balloting (unless set forth
with specificity above);
(6) Actual cost of all necessary materials and programming for on-site early voting; and
(7) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per
annum.
6. Indemnification. The Town shall indemnify, defend, and hold harmless, the County, the
Recorder, their officers, employees and agents from and against any and all suits, actions, legal
administrative proceedings, claims or demands or damages of any kind or nature arising out of this
IGA which are attributed to any action or omission of the Town, its agents, employees, or anyone
acting under its direction, control or on its behalf, unless such actions are due solely to the
negligence of the County or County Recorder. The Town's obligations pursuant to this section
shall survive the termination, cancellation or expiration of this IGA.
4
Intergovernmental Agreement
7. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated within this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties,
the performance of this Agreement and any disputes hereunder. Any action relating to this
Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing
laws, rules and regulations during the terms of this Agreement shall apply but do not require an
amendment.
8. Non-Discrimination. The Town shall not discriminate against any County employee, client or
any other individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin in the course of carrying out duties pursuant to this IGA. The Town
shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4,
which is incorporated into this Agreement by reference, as if set forth in full herein.
9. Americans With Disabilities Act. The parties shall comply with all applicable provisions of the
Americans with Disabilities Act (public Law 101-336,42 U.S.c. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
10. Severability. If any provision of this IGA is held to be invalid or unenforceable, the remaining
provisions shall continue to be valid and enforceable to the full extent permitted by law.
11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to
A.R.S. ~ 38-511, the pertinent provisions of which are incorporated herein by reference.
12. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be
terminated if for any reason the County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this IGA. In the event of such cancellation, neither the
County, nor the County Recorder shall have any further obligation to Town.
13. Legal Authority. No party warrants to any other party its legal authority to enter into this IGA.
If a court, at the request of a third person, should declare that any party lacks authority to enter
into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null
and void, and no recovery may be had by any party against the other for lack of performance or
otherwise.
14. Worker's Compensation. Each party shall comply with the notice of A.R.S. ~ 23-1022(E). For
purposes of A.R.S. ~ 23-1022, each party shall be considered the primary employer of all personnel
currendy or hereafter employed by that party, irrespective of the operations of protocol in place,
and such party shall have the sole responsibility of the payment of Worker's Compensation
benefits or other fringe benefits of said employees.
15. No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, create
any partnership, joint venture or employment relationship between the parties or create any
employer-employee relationship between County or Recorder and any Town employees, or
between the Town and any County employees. No party shall be liable for any debts, accounts,
obligations nor other liabilities whatsoever of any other party, including (without limitation) any
other party's obligation to withhold Social Security and income taxes for itself or any of its
employees.
5
"-~__""~"0'=""~__"_'."'~
Inte'rgovemmental Agreement
16. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties
or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any
party to the IGA by imposing any standard of care different from the standard of care imposed by
law.
17. Conflict Resolution. In the event conflict arises between the and Town over the use of voting
equipment, vote tallying equipment, or County elections personnel, County shall have priority, but
shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a
consequence of conflict.
18. Notice. Any notice required pursuant to this IGA shall be given to:
Recorder
F. Ann Rodriguez
County Recorder .
115 N. Church Avenue
Tucson, AZ 85701
(520) 740-4350
Fax: (520) 623-1785
Town
Jocelyn C. Bronson, Town Clerk
Town of Marana
11555 W. Civic Center Dr.
Marana, AZ 85653
(520) 382-1999
Fax: (520) 382-1998
19. Termination. Either party may terminate this IGA at any time by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before the effective
date of such termination. In the event of termination, any real or personal property belonging to
either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any
funds of Town paid to County in accordance with this IGA and not encumbered at the time of
termination shall be refunded to Town.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
Int~rgovernmental Agreement
20. Entire IGA. This document constitutes the entire agreement between the parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This IGA shall not be modified, amended,
altered or extended except through a written amendment signed by the parties and recorded with
the Pima County Recorder.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this 6th day
of February ,2007.
::WNOFfl~~
ayor
By:
ATTEST:
d- ~jtf7
, ~.~ r-,: /"'. t .
ATTES,~.~
:'.': . c' .,' i ~\. ';" '''~',,,
By: '-'.,;,',,' ......
- . " ..
c:]:erk of the BG>ar~ of Supervisors
. ) '. ;:';~' '.\ ~'<", .f
/,
APPROVED AS TO CONTENT:
".....
.., ..'
t. ! \ t i, ~
By:
,u
order
The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the
Pima County Recorder has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have
determined that it is in the proper form and is within the powers and authority granted under the laws
of the State of Arizona to those parties to the Intergovernmental Agreement represented by the
undersigned.
Pima County and Pima County Recorder
Town of Marana
,~q~
D ty County Attorney
7
oeco ~ - D'1--
F. ANN RODRIGUEZ, RECORDER
RECORpED BY: C_V
DEPUTY RECORDER
1016 PEl
P0230
PIMA CO CLERK OF THE BOARD
PICKUP
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
12990
2110
9
20070290537
02/12/2007
16:17
RES
PICKUP
AMOUNT PAID
$
0.00
RESOLUTION NO. 2007 - 20
RESOLUTION OF THE PHylA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE
INTERGOVERNMENTAL AGREEMENT BE1WEEN piMA COUNTY AND THE TO\VN OF
MARANA FOR ELECTION SERVICES TO BE EFFECTIVE FEBRUARY 1, 2007 THROUGH
COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS IGA,
PROVIDED THA TTHE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY
LEGAL CHALLENGE TO THE ELECTION.
WHEREAS, Pima County is authorized, under Arizona Revised Statutes ~~16-205(C), 16-450, 11-
251(3),11-951 et seq., to perform services regarding elections; and
WHEREAS, the Town of Maran a is allowed under Arizona Revised Statutes, Title 9, Title 11, and
Title 16, to call for Elections; and
WHEREAS, the County and the Town of Marana have determined that the use of the services of
the Pima County Recorder and Division of Elections is in the public interest, and the County agrees to
provide said services:
NOW, THEREFORE, upon motion duly made, seconded and carried, be it resolved:
That Pima County enter into the Intergovernmental Agreement between Pima County and the
Town of Marana for Election Services; and
That the Chair of the Board of Supervisors be authorized and directed to slgn said
Intergovernmental Agreement.
PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this
6th day of February, 2007. .
PI~J~:r~
Cha1!, Board of Supervisors
..".~....-4.~- .
Cl~lt or the oar
\'\, ~/~'/~~7~r~:~';'~"V1~~i~'
,~ i 'of -,\.' .~.'
. '.-.. :-. .li_ ,;".;i-:p;7
',t'
J"
I~~
.~.
~~
St
~;~
APPROVED AS TO FORlv1:
lCi:i
~~~
-I
1
l~~
~ t? iYM~
De County Attorney
MARANA RESOLUTION NO. 2007-02
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR ELECTION SERVICES BETWEEN THE TOWN
AND PIMA COUNTY FOR THE PRIMARY AND GENERAL ELECTIONS IN 2007..
WHEREAS, A.R.S. S 11-952 grants the Town of Marana the authority to enter into
intergovernmental agreements; and
WHEREAS, the Town of Marana seeks Pima County assistance in the preparation and
conduct of Primary and General Elections for the Town Council Members as required by A.R.S.
Section 9-231(A), to be held in March and May of every odd year, respectively; and such other
Special Elections as the Town may require. Elections will be held on the Consolidated Election
dates pursuant to A.R.S. Section 16-204; and
WHEREAS, the Town of Marana and Pima County Recorder's Office last entered into an
Intergovernmental Agreement for the provision of election services to the Town in 2004; and
WHEREAS, pursuant to said Agreement, the Town is obligated to submit payments to the
County to cover the Town's share of election costs; and
WHEREAS, the Mayor and Council have determined that the Intergovernmental Agreement
reflects the payment schedule for reasonable costs associated with election services provided by the
County; and
WHEREAS, the Mayor and Council have reviewed the intergovernmental agreement t and
find that the terms contained therein are equitable and in the best interest of the Town and its
residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a,
Arizona, that the intergovernmental agreement for the provision of election services to the Town are
hereby approved and adopted.
BE IT FURTHER RESOLVED that the various town officers and employees are authorized
and directed to perform all acts necessary or desirable to give effect to this resolution.
Marana Arizona Resolution No. 2007-02
1
If~~
:ci
;C~,
,.,;~
~~
~;l
~~
j.
1.
1
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
9th day of January, 2007.
ATTEST:
~~~'t ~ H, /;"
~ OF ~ .;f'~
~. ~~\""''''I'J:~~
sOs.~ ~ ~
~ J.;;; ~ CORPORATE ~ ':=.
== ooo~_
:: ~SEALS =
.... ~ ;;::::!!
..-.: ~ ~ ~
~ -1 ~"IIIIIl\\\~ ~
~" J:1/Z l,ral'~
~!!r~~U\\\~
tI~~
Mayor ED HONEA
1.
ll"'~
.f..
'q
iEi
~~
~~
,....
J;~
1.
1.
ri'''j:
...
M.mma Arizona Resolution No. 2007-02
CONTRACT
NO. 0/, 2!.:-fll:./J.'J /i7. 0)0'7
AMENOMEtl:T ,\"J,
ihl~ num~:er ~. " <. :,H on all
InVOices, ct..~:;:.::-:€, and
docurnents Ce':=,:',,~; to this
contract.
INTERGOVERNMENTAL AGREEMENT
For Election Services
Among The Town of Marana and Pima County
This Intergovernmental Agreement (IGA) is by and among THE TOWN OF MARANA OF
PIMA COUNTY, ARIZONA, a municipal subdivision of the State of Arizona ("the Town") and PIMA
COUNTY, a political subdivision of the State of Arizona ("the County"), on behalf of the PIMA
COUNTY RECORDER ("the Recorder").
RECITALS
1. The Town, pursuant to A.R.S. ~9-231(A) will prepare for and conduct two elections: a Primary
Election to be held on March 13, 2007; and a General Election to be held on May 15, 2007 if
necessary for members of its common council.
2. A.R.S. ~~16-205(C), 16-172, 11-251(3), 16-450, and 16-405 et seq. authorize the County to
perform services for any political subdivision regarding elections.
3. A.R.S. ~16-172 authorizes any political subdivision conducting elections to utilize the County
registration rolls upon reimbursement to the Recorder for actual expenses in furnishing voter
registration data to the subdivision.
4. A.R.S. ~16-408(D) permits the governing body of any election district authorized to conduct an
election to contract "vith the Board of Supervisors and Recorder for election services, with the
contracted cost being a charge against the election district.
5. The parties are authorized to enter into an intergovernmental agreement pursuant to A.R.S. ~11-
952 et. seq.
6.
The Town desires to utilize the Pima County registration rolls and other election-related services
provided by the Recorder for the Primary Election to be held on March 13,2007 and a General
Election to be held on May 15, 2007 for members of its common council.
j,
!~"
,~F.::
'1:::1
;e~
iKI
7.
The Town, the County and the Recorder have determined that it is in the best interest of the
public for the Town to use the services of the Recorder in conducting the elections called for
March 13, 2007 and May 15, 2007.
m
:;~~
:t
1
~
'..:~
Now, therefore, the parties agree, as follows:
2
AGREEMENT
1. Purpose. The purpose of this IGA is to set forth the duties and responsibilities of the Recorder
and the Town with respect to the March 13,2007 and May 15,2007 elections to be held by the
Town of Marana. The elections will be held in accordance with the provisions of A.R.S. ~16-558
et seq.
2. Term. The term of this IGA shall be from February 1, 2007 through completion of all
obligations and activities contemplated by this IGA, provided that the term shall continue through
final resolution of any legal challenge to the election. Any modifications or time extension of this
IGA shall be by formal written amendment and executed by the parties.
3. County Recorder Services: The Recorder shall:
(1) Provide the official precinct registers and signature rosters, and provide them to the
County's Division of Elections no later than ten days prior to the Election, at a cost of
$18.00 per precinct; and provide the precinct registers for use by the Early Voting Board
no later than 9:00 a.m. the day before the Election.
(2) Provide services related to early balloting. These services include: providing and
processing request forms, mailing ballots, all necessary materials and programming for
on-site voting at the Marana Town Hall and the Pima County Recorder's Office, and
verification of all early ballots voted for the elections. Verified early ballots will be
delivered to the Early Ballot Board beginning four (4) days prior to each election and
continuing until the close of the polls on Election Day.
(3) Provide Deputy County Recorders for team early voting when necessary at $50.00 per
request and give the Town notice of each request for team early voting.
(4) Prepare and deliver a single invoice to the Town no later than 21 days after the final
election date, containing a detailed breakdown of all Recorder costs for these elections.
4. Town Obligations. Town shall:
(1)
Notify the Recorder in writing, at least 120 days or at such other time as the parties may
agree before any consolidated election date on which the Townwants services pursuant to
this IGA, detailing the election-related services pursuant to this IGA.
(2)
Make all submissions required under Section 5 of the Voting Rights Act to the
Department of Justice and provide timely notice to County of any pre-clearances required
under Section 5 of the Voting Rights Act.
:I
"",
.::
'q
;;:::
.".'~
~i!
(3)
Prepare and distribute any requisite translation, printing, and mailing of all publicity
pamphlets.
!!l'''~
~,;
Ii"'~~
,.a~.
1,
:l
,I,'
,..""
(4) Should the election be challenged or questioned for any reason whatsoever, then the
Town shall be solely responsible for defending, legally or otherwise, said elections. This
duty shall survive the expiration of the IGA, provided that the County shall cooperate
3
Intergovernmental Agreement
with the Town in making relevant information and witnesses available upon reasonable
request.
(5) Within 30 days of the date of each invoice, the Town shall reimburse the County, in full,
for il1Voiced costs of election materials, supplies and equipment, and personnel required in
direct support of the Town election, as set forth below and in Exhibit A.
(6) Be responsible for the security of all ballots tabulated by officials and vendors other than
Pima County's agents or employees and ensure that any functions performed by Town or
its outside vendors comply with applicable law and procedures of the Secretary of State.
(7) Furnish office space and staff to issue replacements ballots at the Town Offices and to
accept voted ballots until 7 :00 p.m. on both election days. The Town staff will notify the
Recorder prior to delivery of any replacement ballots to any voter.
(8) Arrange for and publish any and all notices of this election as required by law.
5. Financing/Payment. Within thirty (30) days of the date of invoice, Town will pay the Pima
County Recorder:
(1) $5.75 for each ballot mailed;
(2) $0.75 for signature checking on each returned ballot;
(3) $3.00 for each replacement ballot issued by mail, $1.25 for each replacement ballot issued
at a satellite voting location;
(4) Special ballot inserts: 1~ per ballot for single page 8% x 11" or % sheet (20 lb. minimum
paper weight); or 5~ per ballot for multiple pages or larger than 8% x 11", plus any
additional postage cost;
(5) Actual cost of postage and all other necessary materials for early balloting (unless set forth
with specificity above);
(6) Actual cost of all necessary materials and programming for on-site early voting; and
(7) Invoices not paid within 30 days of billing date will accrue interest at the rate of 10% per
annum.
6.
Indemnification. The Town shall indemnify, defend, and hold harmless, the County, the
Recorder, their officers, employees and agents from and against any and all suits, actions, legal
administrative proceedings, claims or demands or damages of any kind or nature arising out of this
IGA which are attributed to any action or omission of the Town, its agents, employees, or anyone
acting under its direction, control or on its behalf, unless such actions are due solely to the
negligence of the County or County Recorder. The Town's obligations pursuant to this section
shall survive the termination, cancellation or expiration of this IGA.
4
:I,
;r"'~
iIC;~
S~
'\:j
"'"
l~l
iDl
~)
t
j~~
'...j'
Intergovernmental Agreement
7. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated within this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties,
the performance of this Agreement and any disputes hereunder. Any action relating to this
Agreement shall be brought in an Arizona court in Pima County. Any changes in the governing
laws, rules and regulations during the terms of this Agreement shall apply but do not require an
amendment.
8. Non-Discrimination. The Town shall not discriminate against any County employee, client or
any other individual in any way because of that person's age, race, creed, color, religion, sex,
disability or national origin in the course of carrying out duties pursuant to this IGA The Town
shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4,
which is incorporated into this Agreement by reference, as if set forth in full herein.
9. Americans With Disabilities Act. The parties shall comply with all applicable provisions of the
Americans with Disabilities Act (public Law 101-336, 42 D.S.C. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
10. Severability. If any provision of this IGA is held to be invalid or unenforceable, the remaining
provisions shall continue to be valid and enforceable to the full extent permitted by law.
11. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to
AR.S. ~ 38-511, the pertinent provisions of which are incorporated herein by reference.
12. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be
terminated if for any reason the County Board of Supervisors does not appropriate sufficient
monies for the purpose of maintaining this IGA In the event of such cancellation, neither the
County, nor the County Recorder shall have any further obligation to Town.
13. Legal Authority. No party warrants to any other party its legal autho#tr to enter into this IGA
If a court, at the request of a third person, should declare tliat any party lacks authority to enter
into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null
and void, and no recovery may be had by ~ny party against the other-fDr lack of performance or
otherwise.
14.
Worker's Compensation. Each party shall comply with the notice of AR.S. ~ 23-1022(E). For
purposes of AR.S. ~ 23-1022, each party shall be considered the primary employer of all personnel
currently or hereafter employed by that party, irrespective of the operations of protocol in place,
and such party shall have the sole responsibility of the payment of Worker's Compensation
benefits or other fringe benefits of said employees.
15.
No Joint Venture. This IGA is not intended to, and this IGA shall not be construed to, create
any partnership, joint venture or employment relationship between the parties or create any
employer-employee relationship between County or Recorder and any Town employees, or
between the Town and any County employees. No party shall be liable for any debts, accounts,
obligations nor other liabilities whatsoever of any other party, including ("vithout limitation) any
other party's obligation to withhold Social Security and income taxes for itself or any of its
employees.
5
'1
,~;,~
~!~;~
:t::~
,ii:',
n.:~~
~.,
,.1
~;L
::;~~
"~
.j,.
.,
!~,
L,!
Intergovernmental Agreement
16. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties
or obligations to or rights in third parties not parties to this IGA, or affect the legal liability of any
party to the IGA by imposing any standard of care different from the standard of care imposed by
law.
17. Conflict Resolution. In the event conflict arises between the and Town over the use of voting
equipment, vote tallying equipment, or County elections personnel, County shall have priority, but
shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a
consequence of conflict.
18. Notice. Any notice required pursuant to this IGA shall be given to:
Recorder
F. Ann Rodriguez
Coun ty Recorder
115 N. Church Avenue
Tucson, AZ 85701
(520) 740-4350
Fax: (520) 623-1785
Town
Jocelyn C. Bronson, Town Clerk
Town of Marana
11555 W. Civic Center Dr.
Marana, AZ 85653
(520) 382-1999
Fax: (520) 382-1998
19. Termination. Either party may terminate this IGA at any time by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before the effective
date of such termination. In the event of termination, any real or personal property belonging to
either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any
funds of Town paid to County in accordance with this I GA and not encumbered at the time of
termination shall be refunded to Town.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
:!
;~f,
;t~S
',,"":i
[I""i.
lC~u~
ij~:~
:2
~
J,
J..
i
Intergovemmental Agreement
20. Entire IGA. This document constitutes the entire agreement between the parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This IGA shall not be modified, amended,
altered or extended except through a written amendment signed by the parties and recorded with
the Pima County Recorder.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this 6th day
of February ,2007.
TOWN OF fR<\N~~
By, I~
ayor .
ATTEST:
APPROVED AS TO CONTENT:
By:
By:
A TTES~T:. ~ ~;..s~-.,~;. :~".2~;;;;'L."~' ".'.'"
.:- ....~. -./1)', .... "':""
...-...J.-'. ~q "., :'" I;' ,.
B.; ,; ~~' ". 9Av0
y..: ~
Cl~f ~f the Board of.SuJ?ervi;sors
", \. c' ~ 1..\ H"'\ '( /.. :;",. .
; t. "., ..... ..",
I J..,. ", .........~,~ .....
1 'f -............~..,,_ \~ ~-;:;....f;.~/;{
":} r~ ~ '7 (l \\ ~...-~;i.
... <:, ~ " t :.... "'.- ..._ -",,' ,.5!J::;-"
'. '" . ' . - ;Ii
. .-1-1'"
." .",iIi"
.r.
The foregoing Intergovernmental Agreement between The Town of Marana, Pima County and the
Pima County Recorder has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, who have
determined that it is in the proper form and is within the powers and authority granted under the laws
of the State of Arizona to those parties to the Intergovernmental Agreement represented by the
undersigned.
Pima County and Pima County Recorder
~q~~
De . ty County Attorney
Town of Maran a
t
*")
...:"
:S~
:Si
!~:i
~.~
~:~
'~I
1~~
/
7
- __~ .) I ~