IGA Renewal with DUSD for Facility Use

AMENDMENT NUMBER ONE
TO
INTERGOVERNMENTAL AGREEMENT
FOR THE OPERATION OF SCHOOLS AS COMMUNITY CENTERS
CITY OF EL MIRAGE AND DYSART UNIFIED SCHOOL DISTRICT NO. 89

WHEREAS, the City of El Mirage (“City”) and Dysart Unified School District No. 89
(“District”) entered into an intergovernmental agreement (“IGA” and/or “Agreement”) on
November 18, 2020, for the joint use of District facilities to serve as community centers and City
facilities to serve as locations for District activities; and,

WHEREAS, Section 2, Subsection 2.1 of the IGA provides that “[t]he initial term of this
Agreement will be for one year, effective upon approval by the City and the District. This
Agreement may be renewed for subsequent terms of up to one year for up to five years upon written
agreement of the parties (terminating June 30, 2026)”; and,

WHEREAS, the Parties wish to extend this Agreement for an additional one year term
commencing on July 1, 2026 and ending on June 30, 2027; and,

WHEREAS, it is in the best interests of the Parties to extend the IGA for an additional one
year term and to make additional amendments to the original Agreement for clarification and
consistency with current practices.

Now, therefore, pursuant to A.R.S. §§ 9-500.05, 11-952, 15-363, 15-364, 15-1522, and other
statutes, policies, and relevant provisions of the City Code, the City and District agree as follows:

Section 1. THAT Section 2. Term and Termination of Agreement, Subsection 2.1, is amended as
follows:

“2.1 Term. The term of this Amended Agreement shall commence July 1, 2026, and end
on June 30, 2027.”

Section 2. THAT Section 3.3 Annual Determination of Costs. Benefits and Contributions shall be
amended as follows:

“3.3 Determination of Costs. Benefits and Contributions. As needed, the City and District
will meet to calculate and review the costs and benefits of this Agreement, taking into
account hours of facility utilization, costs (including Out of Pocket Costs), fees and
charges, capital investments and any other contributions made to the other party, costs
waived or costs imposed on the other party. Any imbalance in the contributions made by
each party pursuant to this Agreement shall be rectified through adjusting future
contributions and benefits without exchanging cash, expect for Out of Pocket Costs as
specified in this Agreement.”

Section 3. THAT Section 4.3 Use of Fields is deleted in its entirety, as property damage to
either Party’s facilities is adequately addressed in Section 7 (Repair of Property Damage) of the
Agreement.

Section 4. THAT all other terms and conditions of the IGA between the City and the District
entered into by the Parties on November 18, 2020, that are not specifically amended pursuant to
this Amendment Number One shall remain in full force and effect.

Section 5. THAT this Agreement, notwithstanding the actual date of execution by the Parties,
shall be deemed effective and commence retroactively on July 1, 2026. The Parties acknowledge
that any obligations performed or services rendered by either Party between the retroactive
commencement date and the date of execution shall be governed by the terms and conditions of
this Amendment Number One.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written
above, and acknowledge and agree that this Amendment Number One will have a retroactive
commencement date of July 1, 2026, pursuant to Section 6 of this Amendment Number One.

CITY OF EL MIRAGE DYSART UNIFIED SCHOOL DISTRICT NO. 89

D-uA 0.0.

By: ee By;

Alexis Hermosillo, Mayor . John Croteau, Superintendent
ATTEST:
By:

Jill A. Boltz, City Clerk

ATTORNEY CERTIFICATION

The undersigned certify that they have reviewed the foregoing Amendment Number One to the
intergovernmental agreement (IGA) entered into between the City of El Mirage and the Dysart
Unified School District No. 89 on November 18, 2020, and said Amendment Number One is in
proper form and is within the powers and authority granted to the public body represented by the
respective attorneys.

a ee

Inified School District

(where

BY:
Pierce-Coleman, PLLC
Attorney for El Mirage