Res 2637 Second Amendment to Tolleson Elementary School District TESD IGA - Extend Term 04 15 26

City of Tolleson — City Council (2026-04-15)

Extracted text (via pymupdf) 6751 characters

RESOLUTION NO. 2637

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA,
APPROVING
THE
SECOND
AMENDMENT
TO
THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TOLLESON AND
TOLLESON ELEMENTARY SCHOOL DISTRICT NO. 17 FOR THE FUNDING AND
OPERATION OF THE DISTRICT’S PRESCHOOL PROGRAM AND THE CITY’S USE OF
THE DISTRICT’S FACILITIES FOR AFTER-SCHOOL PROGRAMS, YOUTH SPORTS,
AND SPECIAL EVENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT.

WHEREAS, pursuant to A.R.S. § 11-951 et seq., public agencies may enter into
intergovernmental agreements for joint or cooperative action; and

WHEREAS, the City of Tolleson and the Tolleson Elementary School District No. 17
(“Parties”) entered into an Intergovernmental Agreement (the “IGA”) on September 9th, 2025;
and

WHEREAS, the Parties entered into a First Amendment to the IGA on or about November
12, 2025 (the “First Amendment”) (the IGA and First Amendment are collectively referred to
herein as the “Agreement”)

WHEREAS, Parties desire to amend the Agreement to extend the Term of the Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:

Section 1. The recitals above are hereby incorporated as if fully set forth herein.

Section 2. The Second Amendment to the Intergovernmental Agreement between the
City of Tolleson and Tolleson Elementary School District No. 17, as attached hereto as Exhibit A
and incorporated by reference, is approved.

Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized
and directed to take all steps necessary to cause the execution and delivery of this
Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent
of this Resolution.

Section 4. This Resolution shall take effect immediately upon its passage and adoption.

[SIGNATURES ON THE FOLLOWING PAGE]

CITY OF TOLLESON RESOLUTION NO. 2637
APRIL 15, 2026
PAGE 2

PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this
15th day of April, 2026.

____________________________________
Juan F. Rodriguez, Mayor

ATTEST: ____________________________________

Crystal Zamora, City Clerk

APPROVED AS TO FORM: ____________________________________

Justin Pierce, City Attorney

CITY OF TOLLESON RESOLUTION NO. 2637
APRIL 15, 2026
PAGE 3

EXHIBIT A
TO
RESOLUTION NO. 2637

[Second Amendment to Intergovernmental Agreement]

See following pages.

1
SECOND AMENDMENT
TO
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TOLLESON, ARIZONA
AND
TOLLESON ELEMENTARY SCHOOL DISTRICT NO. 17

THIS SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF
TOLLESON, ARIZONA, AND THE TOLLESON ELEMENTARY SCHOOL DISTRICT NO. 17 (this
“Amendment”) is made as of 15th day of April 2026 between the City of Tolleson (the “City”), an
Arizona municipal corporation, and the Tolleson Elementary School District No. 17 (the
“District”), a political subdivision of the State of Arizona. The City and the District may hereinafter
be referred to each as a “Party,” or collectively, as the “Parties.”

RECITALS

A.
The Parties entered into an Intergovernmental Agreement (the “IGA”) on
September 9th, 2025; and

B.
The Parties entered into a First Amendment to the IGA on or about November 12,
2025 (the “First Amendment”) (the IGA and First Amendment are collectively referred to herein
as the “Agreement”)

C.
The Parties now desire to further amend the Agreement to extend the Term of
the Agreement.

NOW, THEREFORE, pursuant to A.R.S. § 11-952, and in consideration of the mutual
covenants contained herein, the parties hereby agree to amend the Agreement and enter this
Amendment as follows:

AGREEMENT

1.
Section 1 of the Agreement is amended to read (deleted language shown as strike-
through and new language is shown in bold):

1.
District Preschool Program. District shall continue to operate its current
preschool program (“Preschool Program”) at the Arizona Desert
Elementary School and Porfirio H. Gonzales Elementary School campuses.
The Preschool Program shall operate from July 30, 2025 through May 22,
2026 during each school year per the Term described in Section 4 below,
on a schedule generally aligned with the District’s school year calendar.

2.
Section 2.4 of the Agreement is amended to read to read as follows (deleted
language shown as strike-through):

2
2.4
City Program Facilities Schedule. As soon as practicable after execution of
this Agreement, the Parties shall develop a master schedule of the days
and times that City shall have access to and use of the Facilities, which shall
include, at a minimum, the following: after 3:15 pm on regular school days;
after 1:15 pm on early release days (9/17, 10/15, 11/5, 12/3, 1/7, 2/25,
3/25, 4/15, 5/6); and after 11:15 am on half days (10/2, 10/3, 12/19, 3/5,
3/6, 5/22).

3.
Section 4 of the Agreement is amended to read (deleted language shown as strike-
through and new language is shown in bold):

4.
Term. This Agreement shall be for a period of one (1) yeartwo (2) years
commencing on July 1, 20252026, and expiring June 30, 20262028 unless
terminated pursuant to Section 138. Prior to expiration of the Agreement,
City and District shall meet to determine whether there is mutual
agreement to extend the Agreement for one or more additional years.

4.
In all other respects, the Agreement is affirmed and ratified and, except as
expressly modified herein, all terms and conditions of the Agreement shall remain in full force
and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement by signing their names
on the day and date first written above. The individuals signing below represent and warrant that
they are duly authorized to execute and deliver this Agreement on behalf of the Parties.

CITY OF TOLLESON
TOLLESON ELEMENTARY SCHOOL DISTRICT NO. 17

By:

City Manager

Superintendent

APPROVAL OF SCHOOL DISTRICT AND ATTORNEYS

The Undersigned hereby state that each has reviewed the proposed First Amendment to
the Intergovernmental Agreement between the City of Tolleson and the Tolleson Elementary
School District No. 17 and do declare the Agreement to be in proper form and within the powers
and authority granted to their respective governing bodies under the law of the State of Arizona.

By:

City Attorney

School District Attorney

Date