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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHANDLER
AND
CHANDLER UNIFIED SCHOOL DISTRICT NO. 80
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this
_____ day of _________, 2024 (“Effective Date”), by and between the CITY OF CHANDLER,
an Arizona municipal corporation (“City”), and CHANDLER UNIFIED SCHOOL DISTRICT
NO. 80, a political subdivision of the State of Arizona located in Maricopa County (“District”).
City and District are referred to collectively in this Agreement as “Parties” and each may be
referred to individually as a “Party.”
RECITALS
A.
Arizona Revised Statutes §§ 11-951 through 11-954 authorize the Parties to enter
into this Agreement.
B.
The Chandler City Council has passed and adopted a resolution authorizing the
Mayor of the City of Chandler to execute this Agreement on behalf of City.
C.
District’s governing board authorizes the District Superintendent to execute this
Agreement on behalf of District.
D.
The Parties have for many years and wish to continue to collaborate and provide
mutual assistance where possible to provide services and facilities to the Chandler community.
NOW, THEREFORE, in consideration of the mutual promises and representations set forth
in this Agreement, including without limitation the Recitals, the Parties agree as follows:
AGREEMENT
1.
Fees.
1.1
For District development projects, the City agrees, where permitted by
Arizona law, to:
1.1.1 Waive fees related to General Fund plan review.
1.1.2 Waive fees related to building permit issuance, excluding
development impact fees and water/wastewater meters.
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1.1.3 Waive fees related to building inspections.
1.2
For City use of District facilities, District agrees to:
1.2.1 Waive school facility use rental fees, including related utilities, for
rental of all District facilities.
1.2.2 Waive fees related to school facility use for District personnel
(support staff, custodial, AV support, etc.), equipment.
1.3
For District use of City facilities, City agrees to:
1.3.1 Waive fees related to District-sponsored programs and events.
2.
Lights.
2.1
The City agrees to:
2.1.1 Maintain and repair city-installed outdoor field/amenity lighting
located on school grounds as identified in Exhibit “A” attached
hereto and as may be amended from time to time.
2.1.2 Work collaboratively with District to identify future sites for
installation of lighting where partnerships are mutually beneficial.
2.2
District agrees to:
2.2.1 Maintain and repair district-installed outdoor field/amenity lighting
located on school grounds.
2.2.2 Provide and fund operational utility services on existing lighted sites
and potential future District sites.
3.
Facilities Use and Priority Scheduling.
3.1.1 The City agrees to make available at no charge to the District those
park facilities that can be used for recreational/educational programs
and other community activities in second priority to City use.
3.1.2 The District agrees to make available at no charge to the City those
school facilities that can be used for recreational and other
community activities in second priority to District use.
3.1.3 The respective owner of the facility will be responsible for ordinary
maintenance. Any special maintenance needed for a particular event
will be performed by the party using the facility.
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3.1.4 Any City use of District facilities during the school year must occur
outside of the normal school operating hours and cannot interfere or
conflict with any District or school functions.
3.1.5 Each party is responsible for the protection of the facilities and the
safety of any participants while using the other party’s facilities.
3.1.6 Each party is responsible for any damage beyond normal wear and
tear resulting to the other party’s facilities during use.
3.1.7 Each party will work in collaboration to establish facility schedules
that afford the most advanced planning as feasibly possible. (ex.
Early planning for programming and public notice needs).
3.1.8 The City will coordinate and schedule the use of City-installed lights
on school grounds.
3.1.9 District will make available a school campus location for a four- to
five-week Adaptive Recreation Summer Camp during the summer
break as determined by the District’s applicable school calendar.
4.
Public Notice and Communications
4.1.1 Parties may, in collaboration, work to provide improved public
education and communications pertaining to events, programs,
public meetings, City and District initiatives, etc. by sharing
appropriate resources, tools, and platforms.
5.
Administrative Scopes of Work (SOW) Agreements
5.1.1 When administratively deemed appropriate, parties may establish
supplemental SOW to further clarify or define specifics related to a
project, program, or facility schedule as governed by this IGA. (See
Exhibit B for example framework.)
5.1.2 SOW will be reviewed at least annually and authorized by the City
Manager and District Superintendent or authorized delegates.
6.
Term. The term of this Agreement shall commence on the Effective Date be
effective for a period of five (5) years and may be renewed for successive five (5) year periods
upon approval of the parties’ respective governing bodies unless sooner terminated.
7.
Cancellation. Either Party may cancel this Agreement upon sixty (60) days’ written
notice to the other Party as provided for herein.
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8.
Notices. Unless otherwise specifically provided in this Agreement, or unless
written notice of a change of address has been previously given under this Section, all notices,
demands or other communication given hereunder shall be in writing and shall be deemed to have
been duly delivered upon (A) personal delivery, (B) delivery by a recognized overnight courier
(e.g., FedEx, UPS) for next business day delivery, or (C) as of the fifth business day after mailing
by United States certified mail, postage prepaid, addressed as follows:
To City:
Community Services Director
City of Chandler
P. O. Box 4008
Mail Stop 500
Chandler, AZ 85244-4008
Phone: (480) 782-2707
To District:
Chandler Unified School District #80
Attn: Chief Financial Officer
1525 West Frye Road
Chandler, Arizona 85224
Phone: (480) 812-7660
9.
Disputes. Arizona law shall govern this Agreement and any dispute arising out of
this Agreement. The Parties agree to engage in good faith negotiation and/or mediation in an effort
to resolve all disputes prior to initiating any formal enforcement action.
10.
Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-
511.
11.
Indemnification. City and District (each as an “Indemnitor”) agree to indemnify,
defend, and hold harmless the other Party (each as an “Indemnitee”) from and against any and all
claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as “Claims”) arising out of bodily injury of any person (including death)
or property damage, but only to the extent that such Claims are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees,
volunteers, or contractors. The extent of the indemnity contained in this paragraph is limited to
those Claims that arise out of or are related to the subject matter of this Agreement.
12.
Severability. In the event that any provision or portion of this IGA is held invalid,
illegal, or unenforceable, such provision or portion shall be severed from this IGA and shall have
no effect on the remaining provisions, which shall remain in full force and effect.
13.
Failure to Enforce. The failure to exercise any right, power or privilege under this
Agreement will not constitute a waiver thereof, nor shall a single or partial exercise thereof
preclude any other or further exercise of that or any right, power or privilege.
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14.
Amendments. This Agreement constitutes the entire Agreement between the
Parties and may not be changed, modified, or amended, except in writing, signed by all Parties.
15.
Non-discrimination. In carrying out the terms of this IGA, the Parties agree to
comply with Executive 2009-09 prohibiting discrimination in employment, the provisions of
which are incorporated by reference.
16.
Relationship. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, joint venture or other arrangement between the Parties.
No term or provision of this Agreement is intended to, or shall, be for the benefit of any person,
firm, organization, or corporation not a Party hereto, and no such other person, firm, organization,
or corporation shall have any right or cause of action hereunder.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement on this ____ day of
_____________, 2024.
CITY OF CHANDLER
By ______________________________
Mayor Kevin Hartke
CHANDLER UNIFIED SCHOOL
DISTRICT NO. 80
By ______________________________
District Superintendent
ATTEST:
By ______________________________
City Clerk
ATTEST:
By _______________________________
Clerk of the Board
APPROVAL OF THE CHANDLER CITY ATTORNEY
Pursuant to Arizona Revised Statutes § 11-951 through § 11-954, I have reviewed the
foregoing intergovernmental agreement between Chandler Unified School District No. 80 and the
City of Chandler, and declare this Agreement to be in proper form 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 Parties to enter into this Agreement.
DATED this __________ day of ________________, 2024.
__________________________________
Kelly Y. Schwab
Chandler City Attorney
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APPROVAL OF CHANDLER UNIFIED SCHOOL DISTRICT COUNSEL
Pursuant to Arizona Revised Statute § 11-952, I have reviewed the foregoing
intergovernmental agreement between Chandler Unified School District No. 80 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 Parties to enter into this Agreement.
DATED this __________ day of ________________, 2024.
Sims Mackin, Ltd
By _________________________________
Kristin Mackin
Counsel for Chandler Unified School
District
EXHIBIT “A”
City Installed Lighting at CUSD Grounds
School Site
Address
Amenity
Install Year
Andersen Jr. High
1255 N Dobson Rd,
Chandler, AZ 85224
Tennis Courts
2 diamond fields
1990
Bogle Jr. High
1600 W Queen Creek
Rd, Chandler, AZ
85248
4 diamond fields
1993
EXHIBIT “B”
SAMPLE SCOPE OF WORK
ADMINISTRATIVE SCOPE OF WORK AGREEMENT
CHANDLER UNIFIED SCHOOL DISTRICT & CITY OF CHANDLER
This Administrative Scope of Work Agreement (“SOW”) is issued pursuant to the ________, 2024
Intergovernmental Agreement between the City of Chandler (“CoC”) and the Chandler Unified School
District (“CUSD”), collectively the “Parties”, and is effective as of the date of last signature on the
signature page below (“Effective Date”).
This SOW applies to: __________________.
1. Project Scope. Parties will use all reasonable efforts to perform the services as specified in the
Exhibits that follow and accompanying documents, which outline the specific tasks, deliverables, and
general processes.
2. Estimated Cost. Identify the approximate market cost for the project, program, or facility use. This
section is only used for internal review and record. The IGA intends to afford for equitable value
exchange between CUSD and Chandler.
3. Project/Program/Facility Use Duration. The project will commence as of the Effective Date of the
SOW and will conclude on _____________.
4. Final Project Deliverables.
a.
b.
c.
5. Tentative/Typical Project Milestones. Where appropriate a timeline is applicable.
All timelines set forth in this SOW are tentative and subject to change
6. Key Personnel and Administration of the Project. The following personnel will serve as the
respective points of contact for this project. The Parties agree that the day-to-day administration of
the Project will be the joint responsibility of CoC and CUSD.
a. CoC Personnel
NAME, EMAIL, PHONE
Responsibilities:
•
•
•
b. CUSD Personnel
NAME, EMAIL, PHONE
Responsibilities:
•
•
•
* * * Signature Page Follows * * *
Week
Project Activity/Milestones
Week 1 – 3
Week 3 – 5
Week 7 – 10
Week 11 – 12
Week 12 – 13
BY SIGNATURE BELOW, BOTH PARTIES have executed this Scope of Work Agreement to be
effective as of _______________________.
CITY OF CHANDLER
By ______________________________
City Manager
CHANDLER UNIFIED SCHOOL DISTRICT
NO. 80
By ______________________________
District Superintendent