Res 2625 First Amendment to Tolleson Elementary School District IGA for Funding Students with Disabilities 11 12 25

City of Tolleson — City Council (2025-11-12)

Extracted text (via pymupdf) 6474 characters

RESOLUTION NO. 2625

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA, APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TOLLESON AND TOLLESON ELEMENTARY
SCHOOL DISTRICT NO. 17 TO INCLUDE EXPENDITURE OF FUNDING FOR
STUDENTS WITH DISABILITIES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AMENDMENT.

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 “Agreement”) on September 9th,
2025; and

WHEREAS, Parties desire to amend the Agreement to allow for the use of Preschool
Program Funds, as defined by the Agreement, to provide specialized instruction and
accommodations for students with disabilities.

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 First 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. 2625
NOVEMBER 12, 2025
PAGE 2

PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this
12th day of November, 2025.

____________________________________
Juan F. Rodriguez, Mayor

ATTEST: ____________________________________

Crystal Zamora, City Clerk

APPROVED AS TO FORM: ____________________________________

Justin Pierce, City Attorney

CITY OF TOLLESON RESOLUTION NO. 2625
NOVEMBER 12, 2025
PAGE 3

EXHIBIT A
TO
RESOLUTION NO. 2625

[First Amendment to Intergovernmental Agreement]

See following pages.

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

THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF
TOLLESON, ARIZONA, AND THE TOLLESON ELEMENTARY SCHOOL DISTRICT NO. 17 (this
“Amendment”) is made as of ___________________ 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 “Agreement”) on
September 9th, 2025; and

B.
The Parties desire to amend the Agreement to allow for the use of Preschool
Program Funds, as defined by the Agreement, to provide specialized instruction and
accommodations for students with disabilities during the afterschool program.

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 3 of the Agreement is amended to include the following subsection 3.5
to read as follows:

3.5. Notwithstanding the restrictions on expenditure of Preschool Program Funds set forth in
this Section, District may expend Preschool Program Funds to provide specialized instruction for
students with disabilities pursuant to an Individual Education Program (“IEP”) or to fund one-on-
one support services for the City of Tolleson Afterschool Program provided to students with
disabilities pursuant to a 504 accommodations plan in compliance with Section 504 of the
Rehabilitation Act of 1973. Said expenditures under an IEP or 504 plan shall be subject to the
same accountability requirements set forth within this Section.

2.
Section 3 of the Agreement is amended to include the following subsection 3.6 to
read as follows:

3.6. An additional service the Tolleson Elementary School District may charge for includes one-

on-one services during the City’s Afterschool Program with students who have IEP or 504 Plans.
Such services may be provided by a Tolleson Elementary School District employee and/or an
employee of a vendor providing the service who is contracted by the Tolleson Elementary School
District. These expenditures shall not exceed the entire bottom-line budget of Four Hundred
Thousand Dollars ($400,000). Individuals providing this one-on-one support services for the City’s
Afterschool Program shall fall under the supervision of the City’s Afterschool Program Director
and supervisors while providing the service during the program hours.

3.
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