Intergovernmental Agreement with Exhibit

City of Chandler — Study Session (2025-09-15)

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When recorded, return to:

City Clerk
City of Chandler
P. O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008

INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHANDLER
AND
CHANDLER UNIFIED SCHOOL DISTRICT NO. 80, KYRENE SCHOOL DISTRICT
NO. 28, MESA UNIFIED SCHOOL DISTRICT NO. 4, AND
TEMPE UNION HIGH SCHOOL DISTRICT NO. 213
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this
_____ day of __________, 2025 (“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 (“CUSD No.
80”), KYRENE SCHOOL DISTRICT NO. 28, a political subdivision of the State of Arizona
located in Maricopa County (“KSD No. 28”), MESA UNIFIED SCHOOL DISTRICT NO. 4, a
political subdivision of the State of Arizona located in Maricopa County (“MUSD No. 4”), and
TEMPE UNION HIGH SCHOOL DISTRICT NO. 213 (“TUHSD No. 213”), a political
subdivision of the State of Arizona located in Maricopa County. City, CUSD No. 80, KSD No.
28, MUSD No. 4, and TUHSD No. 213 are referred to collectively in this Agreement as “Parties”
and each may be referred to individually as a “Party.” CUSD No. 80, KSD No. 28, MUSD No. 4
and TUHSD No. 213 also may be referred to collectively in this Agreement as “Districts.”
RECITALS
A.
Arizona Revised Statutes §§ 11-951 through 11-954 authorize City and Districts 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.
Districts’ governing boards have each authorized each District’s Superintendent to
execute this Agreement on behalf of their District.
D.
Districts all border and serve residents of the City of Chandler.

E.
Consistent with demographic trends such as an aging population and low birth rate,
since 2010, City has seen the median age of its population increase and the percentage of residents
under the age of 18 decrease. Districts have seen a corresponding decrease in student enrollment.
These trends are not unique to Chandler but pose significant challenges for City and Districts.
F.
City’s Economic Development Division recently received a grant from the
Industrial Development Authority for the City of Chandler, Arizona (the “Chandler IDA”) to fund
a multi-year marketing campaign designed to attract young families and professionals to Chandler
(the “Campaign”). The Campaign will promote the many benefits of living, working, and raising
a family in Chandler via short videos, social media posts, and digital/print paid media. The
Campaign is described in more detail in the grant application attached to this Agreement as
“Exhibit A”. As part of the Campaign, City and Districts wish to collaborate to promote Districts’
academic excellence and unique advantages.
NOW, THEREFORE, in consideration of the mutual promises and representations set forth
in this Agreement, including without limitation the Recitals, City and Districts agree as follows.
AGREEMENT
1.
To implement the Campaign, City shall issue a Request for Proposals for a creative,
full-service marketing agency to develop and execute a comprehensive marketing plan that will
aid in the attraction of young families and professionals to the community.
2.
City shall select and contract with the marketing agency for the Campaign and shall
direct the work of the marketing agency.
3.
City shall collaborate with Districts and their leadership in planning overall strategy
and execution of the Campaign.
4.
Districts shall each contribute $10,000 toward the cost of implementing the
Campaign. City shall fund the remainder of the total cost of the Campaign, estimated at $150,000.
5.
On or after the Effective Date of this Agreement, City shall invoice each of the
Districts in the amount of $10,000 immediately due and payable. Each District shall remit payment
of its invoice within 30 days of issuance.
6.
Term. This Agreement shall become effective upon its execution by all Parties.
The term of this Agreement shall commence on the Effective Date and shall continue for the
duration of the Campaign.
7.
Notices. Unless otherwise specifically provided in this Agreement, or unless
written notice of a change of address has been previously given under this Section 10, 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., Federal Express, United Parcel Service) 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:

Economic Development Director

City of Chandler

P. O. Box 4008

Mail Stop 416

Chandler, AZ 85244-4008

micah.miranda@chandleraz.gov

With a copy to:

Chandler City Attorney

P.O. Box 4008

Mail Stop 602

Chandler, AZ 85244-4008
kelly.schwab@chandleraz.gov

To CUSD No. 80:

Chandler Unified School District #80

1525 West Frye Road

Chandler, Arizona 85224

ATTN: Frank Narducci, Superintendent

narducci.frank@cusd80.com

Lana Berry, Chief Financial Officer

berry.lana@cusd80.com

To KSD No. 28:

Kyrene School District #28

8700 S. Kyrene Rd.

Tempe, AZ 85284

ATTN: Laura Toenjes, Superintendent

ltoenjes@kyrene.org

Chris Hermann, Chief Financial Officer

chermann@kyrene.org

With a copy to:

Kyrene School District #28

8700 S. Kyrene Rd.

Tempe, AZ 85284

ATTN: Jordan Ellel, Legal Counsel

jellel@kyrene.org

To MUSD No. 4:

Mesa Unified School District No. 4

63 E. Main St. #101

Mesa, AZ 85201-7422

ATTN: Matthew Strom, Superintendent

mdstrom@mpsaz.org

To TUHSD No. 213:
Tempe Union High School District No. 213

500 W. Guadalupe Rd.

Tempe, AZ 85283

ATTN: Stacia Wilson, Superintendent

swilson@tuhsd.k12.az.us

Megan Sterling, Chief of Staff and

Strategic Partnerships

msterling@tuhsd.k12.az.us

With a copy to:

Tempe Union High School District No. 213

500 W. Guadalupe Rd.

Tempe, AZ 85283

ATTN: Jordan Ellel, Legal Counsel

jellel@tuhsd.k12.az.us

Email addresses are provided for purposes of convenience only; delivery via electronic mail is not
sufficient notice under this Agreement.
8.
Disputes. Arizona law shall govern this Agreement and any dispute arising out of
this Agreement.

8.1
City and Districts agree that they will attempt to resolve any dispute through
nonbinding mediation before a mediator selected jointly by them. In the event that City and
Districts cannot agree upon the selection of a mediator, they may request that the presiding judge
of the Maricopa County Superior Court appoint a mediator. The cost of any such mediation shall
be divided equally between the Parties. The mediator shall not have the right to award punitive
damages. The results of the mediation shall be nonbinding, and any Party shall have the right to
pursue all legal and equitable remedies available to it 30 days after conclusion of the mediation,
subject to any extensions agreed to by the Parties in writing.

8.2
The Parties agree that the statute of limitations applicable to any litigation
commenced under this Agreement shall be tolled during the period beginning with a request by
either Party for mediation until 30 days after the conclusion of the mediation (or the Party’s refusal
to participate in mediation), subject to any extensions agreed to by the Parties in writing.
9.
Assignment. The obligations under this Agreement are not assignable by any Party.
10.
Additional Matters.
10.1
This Agreement shall be governed by and construed under the laws of the
State of Arizona. This Agreement is subject to the provisions of A.R.S. § 38-511. This Agreement
shall be deemed made and entered into in Maricopa County, Arizona.

10.2
City and Districts each believe that the execution, delivery and performance
of this Agreement are in compliance with all applicable laws. However, in the unlikely event that
any provision of this Agreement is declared void or unenforceable (or is construed as requiring
City to do any act in violation of any applicable constitutional provision, law, regulation, code, or
charter), such provision shall be deemed severed from this Agreement and this Agreement shall
otherwise remain in full force and effect; provided that this Agreement shall retroactively be
deemed reformed to the extent reasonably possible in such a manner so that the reformed
Agreement (and any related agreements effective as of the same date) provide essentially the same
rights and benefits (economic and otherwise) to the Parties as if such severance and reformation
were not required. The Parties further agree, in such circumstances, to perform all such acts as

reasonably requested by the other Party from time to time and to execute all amendments,
instruments, and consents necessary to accomplish and to give effect to the purposes of this
Agreement, as reformed.

10.3
The failure of any Party to exercise any right, power, or remedy given to it
under this Agreement, or to insist upon strict compliance with it, shall not constitute a waiver of
the terms and conditions of this Agreement with respect to any other or subsequent breach, nor a
waiver by either Party of its rights at any time to require exact and strict compliance with all of the
terms of this Agreement.

10.4
This Agreement constitutes the entire Agreement between City and
Districts with respect to its subject matter, and all agreements, oral or written, entered into prior to
this Agreement are revoked and superseded by this Agreement. This Agreement may not be
changed, modified, or amended, except in writing, signed by all Parties, and any attempt at oral
modification of this Agreement shall be void and of no effect. This Agreement may be executed
in any number of counterparts, each of which shall be deemed an original, and all of which, when
taken together, shall constitute one and the same instrument.

10.5
In the event of any dispute between the Parties in connection with this
Agreement, the Party prevailing in such action or proceeding (excluding mediation) shall be
entitled to recover from the other Party all of its costs and fees, including reasonable attorneys'
fees; provided, however, that no such awarded amount shall be payable until: (A) the court in
question has made a finding that one or the other Party is the “prevailing party” in such proceeding,
and (B) a final order of judgment is entered by a court of competent jurisdiction for which any
time for appeal has expired without appeal, or where applicable, the mandate of an appellate court
of competent jurisdiction shall issue.

10.6
Any action brought to interpret, enforce, or construe any provision of this
Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in
and for the County of Maricopa (or, as may be appropriate, in the Justice Courts of Maricopa
County, Arizona, or in the United States District Court for the District of Arizona, if, but only if,
the Superior Court lacks or declines jurisdiction over such action). The Parties irrevocably consent
to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal
of any action except in accordance with the terms of this Section 10.6.

10.7
It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, joint venture or other arrangement between City and
District. 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.

10.8
Attached to this Agreement and incorporated by reference is the written
determination of each Party’s legal counsel that each Party is authorized under the laws of the State
of Arizona to enter into this Agreement and that the Agreement is in proper form.

6
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date indicated.
DATED: _______________, 2025.
CITY OF CHANDLER, an Arizona
municipal corporation
____________________________________
Kevin Hartke, Mayor
ATTEST:
____________________________________
City Clerk
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 Districts to enter into this Agreement.
DATED this __________ day of ________________, 2025.
__________________________________
Kelly Y. Schwab
Chandler City Attorney

DATED: _______________, 2025.

CHANDLER UNIFIED SCHOOL DISTRICT

NO. 80

____________________________________
Frank Narducci, Superintendent

ATTEST:

____________________________________
Clerk of the Board

APPROVAL OF CHANDLER UNIFIED SCHOOL DISTRICT COUNSEL

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 District under the laws of the State of Arizona.

No opinion is expressed as to the authority of the City or any other District to enter into
this Agreement.

DATED this __________ day of ________________, 2025.

_________________________________________

Print Name: _______________________________

Counsel for the District

8
DATED: _______________, 2025.

KYRENE SCHOOL DISTRICT NO. 28

____________________________________
Laura Toenjes, Superintendent

ATTEST:

____________________________________
Clerk of the Board

APPROVAL OF KYRENE SCHOOL DISTRICT COUNSEL

Pursuant to Arizona Revised Statutes § 11-951 through § 11-954, I have reviewed the
foregoing intergovernmental agreement between Kyrene 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 City or any other District to enter into
this Agreement.

DATED this __________ day of ________________, 2025.

_________________________________________

Print Name: _Jordan Ellel_____________________

Counsel for the District

9
DATED: _______________, 2025.

MESA UNIFIED SCHOOL DISTRICT NO. 4

____________________________________
Matthew Strom, Superintendent

ATTEST:

____________________________________
Clerk of the Board

APPROVAL OF MESA UNIFIED SCHOOL DISTRICT COUNSEL

No opinion is expressed as to the authority of the City or any other District to enter into
this Agreement.

DATED this __________ day of ________________, 2025.

_________________________________________

Print Name: _______________________________

Counsel for the District

10
DATED: _______________, 2025.

TEMPE UNION HIGH SCHOOL DISTRICT

NO. 213

____________________________________
Stacia Wilson, Superintendent

ATTEST:

____________________________________
Clerk of the Board

APPROVAL OF TEMPE UNION HIGH SCHOOL DISTRICT COUNSEL

No opinion is expressed as to the authority of the City or any other District to enter into
this Agreement.

DATED this __________ day of ________________, 2025.

_________________________________________

Print Name: _Jordan Ellel_____________________

Counsel for the District

EXHIBIT A

Chandler IDA Grant Application

IDA Grant
Application
Marketing
Campaign to
Attract Young
Families and
Professionals
to Chandler
SUBMITTED TO:
CHANDLER IDA BOARD
APPLICANT:
CITY OF CHANDLER
ECONOMIC DEVELOPMENT

Project
Community Attraction Campaign
The City of Chandler’s Economic Development Division is requesting $150,000
in grant funding to launch a marketing campaign to attract young families and
professionals to Chandler. The goal is to proactively counteract demographic
trends impacting our community, such as an aging population and low birth rate.
These trends are not unique to Chandler but pose significant challenges for our
city and schools.
These trends in tandem with
Chandler running out of land
for additional residential
development have already
contributed to declining school
enrollment and the need to
discuss the possibility of school
closures. On a city level, slower
growth and an aging population
could affect future labor
force availability, consumer
spending, service expectations,
and sustainability of municipal
revenue streams.
ECONOMIC DEVELOPMENT
IDA GRANT APPLICATION | 2
The Economic Development Division wishes to contract with a full-service
marketing agency to plan and execute a multi-channel campaign that would
target young families and professionals. The campaign would promote the many
benefits of living in Chandler via short videos, social media posts, and digital/
print paid media. This project would involve collaboration with school districts
serving Chandler to promote their academic excellence and unique advantages.
Other advantages of Chandler to be promoted include job growth/quality job
opportunities, community safety, family-friendly recreation amenities, and the
relative affordability of certain neighborhoods.
By approving this grant request, the Chandler IDA Board can play an important
role in positioning our city and schools for continued success.
Chandler Unified School District Enrollment Projection
20,000
25,000
30,000
35,000
40,000
45,000
50,000
2015/16
2016/17
2017/18
2018/19
2019/20
2020/21
2021/22
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
2029/30
2030/31
2031/32
2032/33
2033/34
2034/35
Trend
Mid
Stable
Source: Applied Economics, 2024. Presented at Oct. 23, 2024 CUSD Governing Board Meeting.

ECONOMIC DEVELOPMENT
Project Team
The Economic Development Division will manage the project and work performed
by the selected marketing agency. The chosen agency will serve as the lead in
planning overall campaign strategy and execution, which will also be done in
collaboration with Chandler Unified School District, Mesa Public Schools and
Kyrene Elementary School District leadership.
The Economic Development Division views this project as an opportunity to further
engage with our education stakeholders and strengthen partnerships with the
schools that serve our city.
Project Timeline
Upon notification of Chandler IDA grant funding approval, the city will work to
issue a request for proposal to identify a qualified marketing agency to help
strategize and execute this campaign.
Once an agency is selected, we anticipate it will take two to three months to
perform market research and develop a draft campaign strategy with supporting
story board concepts for approval by city management and key project
stakeholders. Once approved, initial asset production would begin. A tentative
project timeline is provided below.
The success of this campaign would be evaluated throughout the year and the
Economic Development Division would report on traction gained. It is expected the
campaign would span several years as it is focused on a challenge that cannot be
fully addressed in the near-term.
Mar.
Apr.
May
June
July
Aug.
Sep.
Oct.
Nov.
Dec.
Jan.
Feb.
IDA Grant Awarded
RFP Developed/Issued
Agency Onboarding
Asset Development
Campaign Approval
Campaign Launch
IDA GRANT APPLICATION | 3

ECONOMIC DEVELOPMENT
Funding Breakdown
The City of Chandler’s Economic Development Division is requesting $150,000
in grant funding from the Chandler IDA Board, which would be used for video
production and ad buys. Chandler Unified School District, Mesa Public Schools, and
Kyrene Elementary School District have each committed to contributing $10,000
toward the marketing campaign.
IDA grant funding is only being sought for the initial year to kick off the project.
Video and Campaign
Asset Production
Digital Ad Buys
Total
Funding Requested
$100,000
$50,000
$150,000
Micah
Miranda
ECONOMIC DEVELOPMENT
DIRECTOR
Chelsey
Faggiano
ECONOMIC DEVELOPMENT
PROJECT MANAGER
We appreciate the Chandler IDA
Board’s review and consideration of
this grant application.
We believe this campaign will have a
positive impact on our community’s
economic growth and efforts to
ensure continued prosperity.
Questions?
IDA GRANT APPLICATION | 4