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RESOLUTION NO. 5568
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA
APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN KYRENE
ELEMENTARY SCHOOL DISTRICT NO. 28 (“DISTRICT”) AND THE CITY OF
CHANDLER FOR THE SHARED USE OF CITY AND DISTRICT PROPERTY.
WHEREAS, the governing bodies of the City and District are mutually interested in an adequate
program of educational and leisure related activities which can best serve the citizens of Chandler
most effectively and economically; and
WHEREAS, full cooperation between the City and District is necessary to achieve the best service
with the least possible expenditure of public funds; and
WHEREAS, the City and District wish to enter into an agreement for the continued operation and
use of four (4) lighted ball fields on property owned by the District and known as Kyrene Aprende
Middle School, and the field lights which are owned by the City; and
WHEREAS, the City and District wish to enter into an agreement for the use of District facilities
and City facilities; and
WHEREAS, the City and District are authorized to enter into intergovernmental agreements for
services or for the exercise of joint or common powers pursuant to A.R.S. §11-951 et seq.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
Approves the Intergovernmental Agreement between the City of Chandler and the
District.
Section 2.
Authorizes the Mayor to sign the Intergovernmental Agreement.
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ___ day of
April, 2022.
ATTEST:
______________________________
_______________________________
CITY CLERK
MAYOR
Resolution 5568
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CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Resolution No. 5568 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ___
day of April, 2022, and that a quorum was present thereat.
___________________________________
CITY CLERK
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
INTERGOVERMENTAL AGREEMENT
BETWEEN THE CITY OF CHANDLER AND
KYRENE ELEMENTARY SCHOOL DISTRICT NO. 28
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this
__ day of _____ , 2022, by and between the CITY OF CHANDLER an Arizona
municipal corporation ("City"), and KYRENE ELEMENTARY SCHOOL DISTRICT NO. 28, a
political subdivision of the State of Arizona ("District"), to provide for the shared use of City and
District prope1iy on the tenns and conditions herein stated. City and District are referred to
collectively in this Agreement as "Parties" and each may be referred to individually as a "Party."
RECITALS
A. The governing bodies of City and District are mutually interested in an adequate program of
educational and leisure related activities which can best serve the citizens of Chandler most
effectively and economically;
B. Full cooperation between City and District is necessary to achieve the best service with the
least possible expenditure of public funds;
C. City and District wish to enter into an agreement for the continued operation and use of four
lighted ball fields (the "Ball Fields") on property owned by District and known as Kyrene
Aprende Middle School, and the field lights which are owned by the City;
D. City and District wish to enter into an agreement for the use of District facilities and City
Facilities; and
E. District and City are authorized to enter into intergovernmental agreements for services or for
the exercise of joint or common powers pursuant to A.R.S. §§ 11-951 et seq.
AGREEMENT
1. Mutual Cooperation. District agrees to make available, except as otherwise provided in this
Agreement at no charge to City, those District facilities within the City of Chandler limits that
can be used for City's recreational programs. City will make available, except as otherwise
provided in this Agreement at no charge to District, certain park and aquatic facilities to District
schools within the City of Chandler limits that can be used for educational or athletic programs.
2. Proprietary Use Prevails. Use of District facilities by City during the school year must be done
at a time when these activities do not interfere or conflict with any school functions. District
has first preference on use of these facilities. Likewise, use of City facilities by District must
be done with no conflict to City programs.
3. Reimbursement. Each party will reimburse the other patty or pay for the replacement or repair
of any damage beyond normal wear and tear resulting to the other's facilities and property
during use thereof by the other paiiy. Both paities agree to reimburse the other for any
incremental and direct expenses related to the time and labor of staff needed to facilitate the
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other patties' programs that are above and beyond nmmal schedule times and hours at an
agreed upon rate. It is the intent of both Patties that neither the City nor the District will incur
a financial loss from operating under this Agreement.
4. City Obligations. City agrees as follows:
a.
City agrees to follow the District Facility Use procedures (hereinafter
refen-ed to as "DFU Procedures") when requesting use of District facilities
including the Aprende Ball Fields for all City affiliates. City agrees to
submit all requests in a timely manner according to District's "windows of
oppmtunity" schedule and understands that it may lose its priority position
in the scheduling process should it submit its request in an untimely manner.
The DFU Procedures involve the following steps at the present time:
1. City shall submit the Form entitled "Request for Community Use of
District Facilities" (hereinafter referred to as the "Fo1m") during the
"windows of opportunity" schedule for each season. The "windows
of oppmtunity" schedule is published by District. The "windows of
oppmtunity" schedule establishes the time period between which all
Request for Community Use of District Facilities forms must be
submitted for each of three seasons (Fall, Spring, Summer).
ii. Once the Form is reviewed, approved, and then returned by District,
City agrees to submit a detailed schedule of use to include specific
dates and times of use by each City-affiliated organization within
thirty (30) days of the first scheduled date of use for the season.
111. City shall indicate on the Form for each season which days at1d times
that the City wishes its affiliates to use District facilities. When
scheduling the Ball Fields, District will allocate Ball Field time so
that the City will have priority use on one field Mondays,
Wednesdays, Fridays, and eve1y other weekend.
b.
City understands that DFU Procedures may be revised from time to time by
District, and agrees to follow any revisions, at any time, as long as City
receives prior Notice of the revisions which District agrees to provide.
c.
City agrees to furnish and supply at City's sole cost and expense all
expendable materials and supplies necessary in connection with City's use
of the Ball Fields and facilities.
d.
City agrees to pay for the cost of all utilities incun-ed during City sponsored
events or City approved events utilizing the Ball Fields and facilities.
District will invoice City according to the Use of Facilities Summa1y of
Fees for utility usage during city sponsored events. City agrees to pay the
invoice within thi1ty (30) days of receipt.
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e.
City agrees to reimburse District for any prope1ty damage arising out of the
use of the Ball Fields and facilities by City provided for in this Agreement.
f.
City agrees that during the times City is utilizing the Ball Fields and
facilities, other than during District sponsored events, City agrees to carry
public liability and property damage self-insurance to fully protect itself and
District, and City agrees to hold District harmless from any and all liability
of any nature in connection with operation of the Ball Fields and facilities
during such hours and will fully represent and defend the parties in any
lawsuits arising out of these activities unless such liability was due to the
sole negligence of District. City shall provide a certificate of self-insurance
in a form satisfactory to District as evidence of adequate insurance cove
rage.
g.
City will not be charged by District for nomml and routine maintenance
costs. City will be charged for the incremental and direct expenses related
to facility operating costs such as: custodial/ranger, opening and closing,
clean-up and other personnel costs incurred by District for use of the Ball
Fields and facilities per the Use of Facilities Summary of Fees except that
the City agrees to pay for one hour of custodial time for cleanup each time
the City or its affiliates use the Ball Fields or other facilities.
h.
City agrees to furnish and supply at City's sole cost and expense the field
lights and all related ongoing maintenance for the lights on the Ball Fields.
i.
City agrees to end all City events and programs involving the Ball Fields by
9:30 p.m. and to extinguish the lighting on the Ball Fields by 9:45 p.m.
J.
City agrees to use its best efforts to ensure that participants in all City events
and programs utilize designated parking spaces on the Property and do not
park on adjoining streets or fire lanes.
k.
City agrees to follow the District Community Use of School Facilities
Policy (KG) and Regulations (KG-R) and to require City affiliates to carry
City authorized approved field requests while using Aprende Ball Fields at
all times.
5. District Obligations. District agrees as follows:
a.
District agrees to keep City informed of the cmrnnt DFU Procedures as they
may be revised from time to time.
b.
District agrees, consistent with paragraph 4(a)(iii) of this agreement, to
allocate Ball Field time equitably among community groups based upon
requested community use for Friday, Saturday, and Sm1day, as requested
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prior to each season. When scheduling the Ball Fields, District will allocate
Ball Field time so that the City will have priority use on one field Mondays,
Wednesdays, Fridays, and every other weekend.
c.
District agrees to furnish and supply, at District's sole cost and expense, all
expendable materials and supplies necessary in connection with District's
use of the Ball Fields.
d.
District agrees to pay for the cost of all utilities incurred during District
events or approved non-school events ( other than those of City) at the Ball
Fields.
e.
District agrees to provide field maintenance of the Ball Fields.
f.
District agrees to designate a reasonable fee for a person who is a District
employee to serve as a supervisor of the Ball Fields or facilities (i.e., ranger)
during City usage and/or to allow City to provide city staff or league
representative to serve as a supervisor. Any change in the fee needs to be
submitted by District to City in writing by October 1 of each year.
g.
District agrees that during the times District is, pursuant to this Agreement,
utilizing the Ball Fields, other than during City sponsored events, District
will carry public liability and property damage insurance to fully protect
City, and District agrees to hold City harmless from any liability of any
nature in connection with operation of the Ball Fields during such hours and
will fully represent and defend the parties in any lawsuits arising out of these
activities unless such liability was due to the sole negligence of City.
District shall provide a certificate of insurance in a fonn satisfactory to City
as evidence of adequate insurance coverage.
h.
District will promptly invoice City for fees incurred pursuant to paragraph
4.g. of this Agreement.
1.
District agrees to provide City an irrigation schedule on or before February
1 of each year for the succeeding March through October period.
J.
District agrees to end all District and Community Events involving the Ball
Fields by 9:30 p.m.
6. Continued Cooperation. City and Dish'ict shall continue to search for new areas of cooperation
with respect to the Ball Fields and to that end shall meet, along with interested community
groups and appropriate City and District administrative officials. City shall meet often with
District personnel to address any maintenance needs of the fields.
7. No Third-Party Liability. Failure to comply with terms of this Agreement shall not provide the
basis of any third-patty action against District or City.
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8. Annual Estimate. On or before April I of each year, District shall prepare and forward to City
the annual charges for the fiscal year to that point to assist both Parties in budgeting for the
lighting of the Ball Fields and any costs associated with the Ball Fields to be paid by City
pursuant to this Agreement for use by City in establishing and maintaining a budget therefore.
9. Amendment. This Agreement may be modified in writing at any time by mutual agreement of
the Parties.
10. Te1m. The term of this Agreement is from the effective date through April 30, 2027 unless
either Party gives a minimum of ninety (90) days' notice of its decision to terminate the
Agreement prior to that time, with or without cause.
11. Conflict of Interest. Each Party reserves all rights that it may have to cancel this Agreement
for possible conflicts of interest under A.R.S. § 38-511 as amended.
12. Assignment. Neither Party may assign, sublet, mortgage, or encumber any right or interest
under this Agreement without the prior written consent of the other Paity, which either Party
may withhold in its absolute and sole discretion.
13. Notices. Any notice required or permitted under the terms of this Agreement shall be in w1iting
and may be delivered personally or served by ce1tified mail, return receipt requested, postage
prepaid, addressed as follows:
To District:
With a copy to:
To City:
With a copy to:
Kyrene Elementaiy School District No. 28
8700 South Kyrene Road
Tempe, Arizona 85284
Attention: Business Manager
Jordan Elle!, Attorney
Tempe Union High School District
500 West Guadalupe Road
Tempe, AZ 85283-3599
City of Chandler
Community Services
Mail Stop 500
P.O. Box 4800
Chandler, AZ 85244
Attention: Community Services Director
Chandler City Attorney
Mail Stop 602
P.O. Box 4800
Chandler, AZ 85244-4800
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Any notice given by certified mail shall be deemed to have been received by the other party
one day after the date of mailing.
14. Governing Law. This Agreement shall be governed by the laws of the State of Arizona. In the
event of any litigation or arbitration arising out of this Agreement, the substantially prevailing
paiiy in such litigation or arbitration shall be entitled to recover its attorney's fees, expert
witness fees and other costs of litigation.
15. Severability. If any provision of this Agreement is held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not affect the validity or enforceability of any
other provisions hereof.
16. Miscellaneous. This Agreement contains the entire understanding between the Parties with
respect to the subjects hereof and supersedes all prior negotiations and agreements. This
Agreement may be amended only by an instrument in w1iting signed by the Parties. The waiver
of any breach of this Agreement shall not be deemed to amend this Agreement and shall not
constitute a waiver of any other subsequent breach. Headings are for convenience and shall not
affect interpretation. This Agreement shall be executed in counterparts, which together shall
constitute a single instrument.
IN WITNESS WHEREOF, the Paities have executed this Agreement on this __ day of
-----' 2022.
CITY OF CHANDLER
By ___________ _
Mayor
ATTEST:
By ___________ _
City Clerk
6
KYRENEELEMENTARYSCHOOL
DISTRICT NO. 28
OFFICIAL SEAL
NANCY MOSER
NOTARY PUBLIC-ARIZONA
MARICOPA COUNTY
Comm. #583172 Expires Ma 31, 2024
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Resolution 5568
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APPROVAL OF THE CHANDLER CITY ATTORNEY
Pursuant to Ariz. Rev. Stat. § 11-952 I have reviewed the foregoing intergovernmental
agreement between Kyrene Elementaiy School District No. 28 and the City of Chandler and
declare this Agreement to be in proper fmm and within the powers and authority granted to the
City under the laws of the State of Arizona.
No opinion is expressed as to the authority of the other Party to enter into this
Agreement. DATED this ____ day of _______ , 2022.
Kelly Y. Schwab
Chandler City Attorney
APPROVAL OF KYRENE ELEMENTARY SCHOOL DISTRICT NO. 28 COUNSEL
Pursuant to Ariz. Rev. Stat. § 11-952 I have reviewed the foregoing intergovernmental
agreement between Kyrene Elementaiy School District No. 28 and the City of Chandler and
declare this Agreement to be in proper form and within the powers and authority granted to the
District under the laws of the State of Arizona.
No opinion is expressed as to the authority of the other Party to enter into this
Agreement. DATED this ____ day of _______ , 2022.
By ____________ _
Jordan T. Elle!
Tempe Tri-District Legal Counsel
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