Discussion and possible action on any and all matters regarding Resolution No. 2157.  A resolution of the Mayor and City Council of the City of San Luis, Arizona authorizing and directing the entering into an Intergovernmental Agreement with the Yuma Union High School District #70 for joint athletic and recreational facilities use through the City’s Parks and Recreation Department and San Luis High School as amended.  (Lizandro Galaviz, Director of Parks and Recreation and Kay Marion Macuil, City Attorney)

The Yuma Union High School District will be considering this IGA on March 10th, the same date as City Council.  City Council already passed a version on February 10th.  However, after City Council passed the IGA on February 10th, the School District had three (3) changes:

Section 5. General Guidelines for Joint Use of Facilities.
Subsection B The red is stricken:
"Enforcement of Policy. DISTRICT reserves the right to enforce DISTRICT policies including, but not limited to, dress codes and policies addressing alcohol consumption at all DISTRICT-sponsored activities.  CITY reserves the right to enforce CITY policies at CITY-sponsored events. The parties agree that the CITY may permit the consumption of alcohol, as permitted by applicable law, in a DISTRICT Facility during the ’CITY’s use of the Facility, except that no alcohol shall be permitted within any DISTRICT building which contains classrooms."

Section 5. General Guidelines for Joint Use of Facilities.
Subsection C  The blue is added.
One party to the Agreement will be responsible for damage occurring to the property of the other during the use by the first party.  That responsibility should be limited to damage caused by the act or omission of the party using the facility.  If the damage caused is beyond the control of the using party, then that party should not be responsible.

Section 8. General Terms and Conditions,
Subsection H
The change from "may" to "shall" might be interpreted by a court that if there is a dispute, the parties must first go to mediation or agree to arbitration to try to resolve the dispute before resorting to court.

"Dispute Resolution: The parties agree to make all reasonable efforts to resolve disputes arising under this Agreement.  Upon written request by either party, a dispute may shall be submitted to mediation with a trained and neutral mediator.  If the parties mutually agree, claims, disputes, or other matters in question may shall be submitted for arbitration and decided according to the Arizona Uniform Rules of Procedure for Arbitration.  Request for arbitration must be filed in writing with the other party to this Agreement."

Summary of the rest of the  Intergovernmental Agreement with Yuma Union High School District (YUHSD) #70 through the San Luis High School

The 5-year agreement with the Yuma Union High School District #70 regarding joint facility use is expiring this year.  Staff has negotiated the basic terms.  

The changes are that:
-the APS bill for the lights will go to the High School,
-the High School has said they will pay $150,000.00 for the field lights in a lump sum no later than June 30, 2021,
-the city will stop doing maintenance of the field,
-joint use of each other's facilities will continue and
-there are provisions for COVID-19 public health requirements