Regular Meeting – Tuesday, April 6, 2021
PURSUANT to A.R.S. Section 38-431.02, notice is hereby given to the Show Low City Council and to the general public, that a Regular Meeting of the Show Low City Council will be held on Tuesday, April 6, 2021, at 7:00 p.m. in the City Council Chambers, 181 North 9th Street, Show Low, Navajo County, Arizona. The agenda for this meeting is as follows.
1. Play >> Call to Order.
2. Roll Call.
3. Play >> Invocation.
4. Play >> Pledge of Allegiance.
5. Play >> CALL TO THE PUBLIC:
Any citizen desiring to speak on a matter that is within the jurisdiction of the City Council may do so at this time. Comments may be limited to three minutes per person and shall be addressed to the City Council as a whole, and not to any individual member. Issues raised shall be limited to those within the jurisdiction of the City Council. Pursuant to the Arizona Open Meeting Law, the City Council cannot discuss or act on items presented at this time. At the conclusion of the call to the public, individual City Council members may (1) respond to criticism made by those who have spoken, (2) ask staff to review a matter, and (3) ask that a matter be put on a future agenda.
6. Play >> SPECIAL EVENTS:
A. Presentation by Show Low Chamber of Commerce.
B. Presentation on Wildfire Preparedness.
C. Promotion of Officer Richard Rosales to Police Sergeant.
D. Introduction of Communications Manager, Grace Payne.
7. Play >> CONSENT CALENDAR:
A. Proclamation by the Mayor Proclaiming April 2021 as Child Abuse Prevention and Awareness Month in the City of Show Low.
B. Proclamation by the Mayor Proclaiming April 2021 as Fair Housing Month in the City of Show Low.
C. Proclamation by the Mayor Proclaiming April 30, 2021 as Arbor Day in the City of Show Low.
D. Proclamation by the Mayor Proclaiming April 11 through 17, 2021 as
Public Safety Telecommunicators Week in the City of Show Low.
E. Consideration of Acceptance of Deuce of Clubs and White Mountain Road Waterline Crossing Replacement, City of Show Low Project No. W-2120. (Shane Hemesath)
F. Consideration of Approval of Addendum No. 1 to Intergovernmental Agreement with Arizona Department of Transportation for Utility Adjustments for US60 and SR260. (Shane Hemesath)
G. Consideration of Approval of Sublease Agreement Between O & O Investment LLC and Kokopelli Flying Services LLC and Approval of Commercial Operating Agreement with Kokopelli Flying Services LLC to Operate at Show Low Regional Airport. (Bill Kopp)
H. Consideration of Acceptance of Grant Funds from the Network of the National Library of Medicine and Authorization of Associated Budget Transfers. (Lisa Lewis)
I. Consideration of Minutes of Show Low City Council meetings:
(1) Regular Meeting of March 16, 2021.
(2) Special Meeting of March 23, 2021.
(3) Study Session of March 30, 2021.
8. Play >> NEW BUSINESS:
A. Consideration of Appointment of Planning and Zoning Committee Members. (Rachael Hall)
B. Consideration of Appointment of Parks and Recreation Advisory Committee Members. (Rachael Hall)
C. Consideration of Appointment of Board of Adjustment Members. (Rachael Hall)
D. Consideration of Award of Construction Contract for Citywide Roadway Improvement Projects, City of Show Low Project No. R-1721. (Shane Hemesath)
E. Consideration of Approval of Professional Services Contract with Sports Facility Advisory, LLC. (Steve North)
9. Play >> SUMMARY OF CURRENT EVENTS:
A. Council Members
B. Mayor
C. City Manager
10. Play >> SCHEDULING OF MEETINGS:
Scheduling of meetings, which may be brought up at this time.
11. EXECUTIVE SESSION.
A. Confidentiality Statement.
B. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining, or resignation of a public officer, appointee, or employee of any public body. Pursuant to
A.R.S. Section 38-431.03(A)(1).
(1) Annual Evaluation of City Manager.
(2) Annual Evaluation of City Attorney.
C. Discussion or consultation for legal advice with the attorney or attorneys of the public body or with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale, or lease of real property pursuant to A.R.S. Sections 38-431.03(A)(3) and 38-431.03(A)(7).
(1) Agreement for Acquisition of A.P. Nos. 210-17-001, 210-17-022, 210-14-049, 210-14-050C and 210-14-050D.
D. Discussion or consultation for legal advice with the attorney or attorneys of the public body or with designated representatives of the public body in order to consider its position and instruct its representatives pursuant to A.R.S. Sections 38-431.03(A)(3) and 38-431.03(A)(4).
(1) Irrigation Shares.
E. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law. Pursuant to A.R.S. Section 38-431.03(A)(2).
(1) Executive Session Minutes of February 16 and March 23, 2021.
12. POST EXECUTIVE SESSION.
Consideration of any item on the Executive Session portion of this agenda, which the Council may wish to take action upon in Open Session.
A. Consideration of Approval of the Minutes of the Executive Session of the Show Low City Council Held on February 16 and March 23, 2021.
13. ADJOURNMENT.
SCHEDULED MEETINGS/EVENTS:
|
04/06/21 |
7:00 PM |
CITY COUNCIL – REGULAR MEETING |
|
04/15/21 |
6:00 PM |
TOWN HALL BUDGET MEETING AND BUDGET STUDY |
|
|
|
SESSION |
|
04/20/21 |
7:00 PM |
CITY COUNCIL – REGULAR MEETING |
|
04/22/21 |
6:00 PM |
TOWN HALL BUDGET MEETING AND BUDGET STUDY |
|
|
|
SESSION |
|
04/27/21 |
7:00 PM |
P&Z COMMISSION – REGULAR MEETING |
NOTICE TO PARENTS AND LEGAL GUARDIANS: Parents and legal guardians have the right to consent before the City of Show Low makes a video or voice recording of a minor child, pursuant to
A.R.S. § 1-602(A)(9). The Show Low City Council regular meetings are recorded and may be viewed on the City of Show Low’s website. If you permit your child to attend/participate in a televised City Council meeting, a recording will be made. You may exercise your right not to consent by not allowing your child to attend/participate in the meeting.
Pursuant to the Americans with Disabilities Act (ADA), the City Council endeavors to ensure the accessibility of its meetings to all persons with disabilities. If you need accommodation for a meeting, please call the City Clerk’s office at (928) 532-4061 at least 48 hours prior to the meeting for accommodation.
Rachael Hall, City Clerk
I, Rachael Hall, do hereby certify that the foregoing notice was posted on Friday, April 2, 2021.
T:\packets\040621\cca0406
CC MTG DATE: 04/06/21 ITEM: 7-A
Proclamation
City of Show Low
Office of the Mayor and City Council
WHEREAS, in Federal fiscal year 2019, 4.4 million reports were made to child protective services; and
WHEREAS, the hidden epidemic of child abuse crosses all boundaries of income, race, religion, and ethnicity and continues to be one of more serious health issues with over 90% of abuse perpetrated by people that children know, love, and trust; and
WHEREAS, child abuse and neglect are a serious problem affecting every segment of our community, and finding solutions requires input and action from everyone; and
WHEREAS, our children are our most valuable resources and will shape the future of Navajo County; and
WHEREAS, child abuse can have long‐term psychological, emotional, and physical effects that have lasting consequences for victims of abuse; and
WHEREAS, protective factors are conditions that reduce or eliminate risk and promote the social, emotional, and developmental well‐being of children; and
WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, education, health, community‐ and faith‐based organizations, businesses, law enforcement agencies, and families; and
WHEREAS, communities must make every effort to promote programs and activities that create strong and thriving children and families; and
WHEREAS, we acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well‐being of children and families in a safe, stable, and nurturing environment; and
WHEREAS, prevention remains the best defense for our children and families.
NOW, THEREFORE, I, John Leech, Jr., Mayor, on behalf of the Show Low City Council, do hereby proclaim the month of April 2021 as
♣ Child Abuse Prevention Month ♣
in the City of Show Low and urge all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for all children and families.
Dated this 6th day of April, 2021.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Show Low.
John Leech, Jr. Mayor
ProclamationOffice of the Mayor and City Council
WHEREAS, April marks the anniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans; and
WHEREAS, the ongoing struggle for dignity and housing opportunity for all is not the exclusive province of the Federal government; and
WHEREAS, vigorous local efforts to combat discrimination can be as effective, if not more so, than Federal efforts; and
WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, diminish the rights of all.
NOW, THEREFORE, I, John Leech, Jr., Mayor, on behalf of the Show Low City Council, do proclaim the month of April 2021 as
§Fair Housing Month §
in the City of Show Low and urge all citizens to wholeheartedly recognize this year-long commemoration of the U.S. Fair Housing Law.
Dated this 6th day of April, 2021.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Show Low.
John Leech, Jr. Mayor
ProclamationOffice of the Mayor and City Council
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska and is now observed throughout the nation and the world; and
WHEREAS, trees reduce the erosion of precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas and beautify our community and, further, are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the City of Show Low has again been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting practices; and
WHEREAS, the City of Show Low will be commemorating Arbor Day with a tree-planting ceremony, Arbor Day message, and other festivities for the fourth graders at Nikolaus Homestead Elementary School.
NOW, THEREFORE, I, John Leech, Jr., Mayor, on behalf of the Show Low City Council, do hereby proclaim Friday, April 30, 2021, as
♣ Arbor Day ♣
in the City of Show Low and urge all citizens to support efforts to protect our trees and woodlands and further urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Dated this 6th day of April, 2021.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Show Low.
John Leech, Jr. Mayor
WHEREAS, thousands of dedicated public safety telecommunications personnel daily serve the citizens of the United States and our community by answering their telephone calls for police, fire, and emergency medical services and dispatching the appropriate assistance as quickly as possible; and
WHEREAS, the critical functions performed by these professional telecommunicators also include those related to other government divisions providing public safety telecommunications services; and
WHEREAS, professional public safety telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by professional organizations and learning institutions; and
WHEREAS, America’s public safety telecommunicators daily serve the public in countless ways without recognition by the beneficiaries of their services.
NOW, THEREFORE, I, John Leech, Jr., Mayor, on behalf of the Show Low City Council, do hereby proclaim the week of April 11 through 17, 2021 as
§ Public Safety Telecommunicators Week §
in the City of Show Low and encourage all citizens and public safety personnel to join in honoring and recognizing the public safety telecommunicators of the Show Low Police Department and throughout the nation and the vital contributions they make to the safety and well-being of our citizens.
Dated this 6th day of April, 2021.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Show Low.
John Leech, Jr. Mayor
CC MTG DATE: 04/06/21 ITEM: 7-E
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Acceptance of Deuce of Clubs and White Mountain Road Waterline Crossing Replacement, City of Show Low Project No. W-2120 (Shane Hemesath)
RECOMMENDATION
I MOVE to accept the Deuce of Clubs and White Mountain Road Waterline Crossing Replacement, City of Show Low Project No. W-2120, for a total cost of $212,524.00 release the retainage, and initiate the two-year warranty period.
BACKGROUND
At its August 4, 2020 meeting, the City Council awarded a construction contract to Apache Underground and Excavating in an amount not to exceed $219,480.00 for the Deuce of Clubs and White Mountain Road Waterline Crossing Replacement. This project was developed to replace four waterline crossings in the state highways prior to Arizona Department of Transportation’s pavement replacement projects scheduled for this summer. The scope of the work included abandoning the aging six-inch AC water mains by installing a new 12-inch C- 900 PVC main. The work also included replacing any concrete and asphalt required to make the improvements.
The waterline crossing work is now complete for a total cost of $212,524.00.
Staff recommends accepting the Deuce of Clubs and White Mountain Road Waterline Crossing Replacement, City of Show Low Project No. W-2120, for a total cost of $212,524.00 releasing the retainage, and initiating the two-year warranty period.
Attachments:
None

![]() |
![]() |
FISCAL IMPACT
Anticipated cost: $212,524.00
Funding source: Deuce of Clubs & White Mountain Rd Water Crossing (43-760-180-1620- 0000/7602109)
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CC MTG DATE: 04/06/21 ITEM: 7-F
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Approval of Addendum No. 1 to Intergovernmental Agreement with Arizona Department of Transportation for Utility Adjustments for US60 and SR260 (Shane Hemesath)
RECOMMENDATION
I MOVE to approve and authorize the execution of addendum no. 1 to the intergovernmental agreement between the City of Show Low and the Arizona Department of Transportation for utility adjustments for US60 and SR260, and authorizing the Mayor to sign said addendum.
BACKGROUND
Arizona Department of Transportation’s (ADOT) is preparing to award a construction project for a mill and overlay of US60 (Deuce of Clubs) and SR260 (White Mountain Road). The scope of the work for both projects includes milling the top three-inches of existing asphalt and installing a new three-inch asphalt overlay on SR260 from the intersection of East Hall and SR260 to the intersection of Knottingham Lane and SR260 in Wagon Wheel and on US60 (Deuce of Clubs) from Forest Service Road 300 through town to SR77.
As the water and wastewater utility provider in these corridors, the City is responsible for paying the costs to adjust the utilities during the roadway work. ADOT and the City entered into an intergovernmental agreement during the August 18, 2020 City Council meeting assigning the cost of the water valve and wastewater manhole adjustments in the project area to the City for an estimated cost of $108,000.00.
Working with our partners
at NACOG, staff was able to identify
unallocated Surface Transportation Block Grant (STBG) federal funding
that is available for FY21 construction. The City and NACOG approached ADOT to request
the allocation of $108,000.00 of the STBG funding to cover the utility adjustments and
refund the City their initial payment which was made to ADOT on August 25, 2020. ADOT agreed and sent addendum no. 1 to the intergovernmental agreement reducing the City’s costs to only the 5.7% match on the STBG funding estimated at $756.00.
Staff recommends approving and authorizing the execution of addendum no. 1 to the intergovernmental agreement between the City and the ADOT for utility adjustments for US60 and SR260, and authorizing the Mayor to sign said addendum.
Attachments: Addendum No.1
FISCAL IMPACT
Anticipated cost: $756.00
Funding source (account no.): US60 and SR260 Manhole Adjustments (42-755-180-1620- 0000/7552113) $380.00; US60 and SR260 Water Valve Adjustments (43-760-180-1620-
0000/7602113) $376.00
T\packets\040621\Adden#1 ADOT IGA US60 SR260 ManholeandValveAdjustment
STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION
|
TRACS No.: 260 NA 341 F0201 01C |
Location: Show Low, AZ |
|
Project No.: NHPP-260-C(213)T |
|
|
Agreement No.: 3745-20-SHOWLOW |
Agreement Addendum No.: 1 |
|
UTILITY's Name: THE CITY OF SHOW LOW |
Original Agreement AG Contract # P0012020001552 |
|
Address: 180 N. 9th St Show Low, AZ 85901 |
|
UTILITY hereby agrees to modify the existing referenced Agreement with the Department of Transportation in accordance with the original agreement, the modified provisions of this form and of the attached sheets, if any, and UTILITY agrees to receive and accept as full compensation therefore the payment provided in the agreement as modified herein.
WHEREAS: THE CITY OF SHOW LOW has secured STBG federal funds from NACOG and will be using them to provide the costs for the manholes and water valves adjustments. The monies paid by City of Show Low previously will be refunded.
WHEREAS: The project though the NACOG STBG federal funds will cover the costs to adjust the manholes and water valves.
THEREFORE: The parties hereto agree that Agreement No. 3745-20-SHOWLOW is hereby amended as shown on the attached Exhibit ‘A’ to represent a refund of $53,374 to the CITY OF SHOW LOW which reflects a final total Agreement Estimate of $376.
The Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees to refund the amount due to the CITY OF SHOW LOW as shown in the attached Exhibit ‘A’ and all work shall be considered completed; Provided, that by mutual consent this agreement shall be closed out upon the execution of this addendum.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
|
ARIZONA DEPARTMENT OF TRANSPORTATION |
THE CITY OF SHOW LOW |
|
|
Reviewed By: Shane Hemesath |
|
By: Victoria D. Bever, Manager Utility & Railroad Engineering Section |
Signed By: Mayor John Leech Jr. |
|
Date: |
Date: |
AGREEMENT: 3745-20-SHOWLOW ADDENDUM # 1
REVISED EXHIBIT A
|
Agreement No. |
3745-20-SHOWLOW |
|
TRACS No. |
260 NA 341 F0201 01C |
|
PROJECT No. |
NHPP-260-C(213)T |
|
Location |
City of Show Low |
Agreement Scope of Work: ADOT will be resetting 16 Manholes and 49 Water Valves and 3 Water Meters for the City of Show Low
|
ITEM NUMBER |
DESCRIPTION |
UNIT |
QTY |
UNIT COST |
TOTAL |
|
5050201 |
RESET FRAM AND COVER FOR MANHOLE |
EACH |
41 |
$800 |
$32,800 |
|
8080640 |
RELOCATE FRAME AND COVER FOR WATER VA |
EACH |
17 |
$600 |
$10,200 |
|
|
|
|
|
SUBTOTAL |
$43,000 |
25% for Construction, Engineering, & Administration $10,750
TOTAL ESTIMATE $53,750
EXHIBIT “A”
Page 1 of 3
|
ITEM NUMBER |
DESCRIPTION |
UNIT |
QTY |
UNIT COST |
TOTAL |
|
5050201 |
RESET FRAM AND COVER FOR MANHOLE |
EACH |
41 |
$800 |
$32,800 |
|
8080640 |
RELOCATE FRAME AND COVER FOR WATER VA |
EACH |
17 |
$600 |
$10,200 |
|
|
|
|
|
SUBTOTAL |
$43,000 |
25% for Construction, Engineering, & Administration $10,750
TOTAL ESTIMATE $53,750
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EXHIBIT “A”
Page 2 of 3
Federal Funding Cost Share Provided by ADOT PMG
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Page 3 of 3
STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION
|
TRACS No.: 060 NA 335 F0279 01C |
Location: Show Low, AZ |
|
Project No.: STP-060-E(220)T |
|
|
Agreement No.: 3744-20-SHOWLOW |
Agreement Addendum No.: 1 |
|
UTILITY's Name: THE CITY OF SHOW LOW |
Original Agreement AG Contract # P0012020001551 |
|
Address: 180 N. 9th St Show Low, AZ 85901 |
|
UTILITY hereby agrees to modify the existing referenced Agreement with the Department of Transportation in accordance with the original agreement, the modified provisions of this form and of the attached sheets, if any, and UTILITY agrees to receive and accept as full compensation therefore the payment provided in the agreement as modified herein.
WHEREAS: THE CITY OF SHOW LOW has secured STBG federal funds from NACOG and will be using them to provide the costs for the manholes and water valves adjustments. The monies paid by City of Show Low previously will be refunded.
WHEREAS: The project though the NACOG STBG federal funds will cover the costs to adjust the manholes and water valves.
THEREFORE: The parties hereto agree that Agreement No. 3744-20-SHOWLOW is hereby amended as shown on the attached Exhibit ‘A’ to represent a refund of $53,870 to the CITY OF SHOW LOW which reflects a final total Agreement Estimate of $380.
The Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees to refund the amount due to the CITY OF SHOW LOW as shown in the attached Exhibit ‘A’ and all work shall be considered completed; Provided, that by mutual consent this agreement shall be closed out upon the execution of this addendum.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
|
ARIZONA DEPARTMENT OF TRANSPORTATION |
THE CITY OF SHOW LOW |
|
|
Reviewed By: Shane Hemesath |
|
By: Victoria D. Bever, Manager Utility & Railroad Engineering Section |
Signed By: Mayor John Leech Jr. |
|
Date: |
Date: |
REVISED EXHIBIT A
|
Agreement No. |
3744-20-SHOWLOW |
|
TRACS No. |
060 NA 335 F0279 01C |
|
PROJECT No. |
STP-060-E(220)T |
|
Location |
City of Show Low |
Agreement Scope of Work: ADOT will be resetting 16 Manholes and 49 Water Valves and 3 Water Meters for the City of Show Low
|
ITEM NUMBER |
DESCRIPTION |
UNIT |
QTY |
UNIT COST |
TOTAL |
|
5050201 |
RESET FRAME AND COVER FOR MANHOLE |
EACH |
16 |
$800 |
$12,800 |
|
5050202 |
RESET FRAME AND COVER FOR WATER VALVE |
EACH |
49 |
$600 |
$29,400 |
|
8080646 |
RESET WATER METER BOX |
EACH |
3 |
$400 |
$1,200 |
|
|
|
|
|
SUBTOTAL |
$43,400 |
25% for Construction, Engineering, & Administration $10,850
TOTAL ESTIMATE $54,250
EXHIBIT “A”
Page 1 of 3
|
ITEM NUMBER |
DESCRIPTION |
UNIT |
QTY |
UNIT COST |
TOTAL |
|
5050201 |
RESET FRAME AND COVER FOR MANHOLE |
EACH |
16 |
$800 |
$12,800 |
|
5050202 |
RESET FRAME AND COVER FOR WATER VALVE |
EACH |
49 |
$600 |
$29,400 |
|
8080646 |
RESET WATER METER BOX |
EACH |
3 |
$400 |
$1,200 |
|
|
|
|
|
SUBTOTAL |
$43,400 |
25% for Construction, Engineering, & Administration $10,850
TOTAL ESTIMATE $54,250
![]() |
EXHIBIT “A”
Page 2 of 3
Federal Funding Cost Share Provided by ADOT PMG

Page 3 of 3
CC MTG DATE: 04/06/21 ITEM: 7-G
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Approval of a Sublease Agreement Between O & O Investment LLC and Kokopelli Flying Services LLC and Approval of Commercial Operating Agreement with Kokopelli Flying Services LLC to Operate at Show Low Regional Airport (Bill Kopp)
RECOMMENDATION
I MOVE to approve the sublease agreement between O & O Investment LLC and Kokopelli Flying Services LLC and further, MOVE to approve the commercial operating agreement with Kokopelli Flying Services, LLC for operating from O & O Investment LLC’s hangar at 3201 East Airport Loop Road at the Show Low Regional Airport.
BACKGROUND
On December 15, 2009, O & O Investment LLC entered into a commercial ground lease and operating agreement with the City for a commercial aircraft hangar located at 3201 East Airport Loop Road at the Show Low Regional Airport. O & O Investment LLC currently subleases a portion of the hangar to Boutique Air, and now desires to sublease a portion of the hangar to Kokopelli Flying Services LLC.
In accordance with the original lease, any subleases must be approved by the City Council. Additionally, there will be a monthly rate increase of 5% for the subleased area. All parties agree to the sublease and understand that this agreement is subject to all terms and conditions of the original lease. The terms and conditions of the agreement include a $150.00 Airframe & Powerplant Repair operation fee under the commercial operating agreement, insurance, and any applicable monthly user fees. A standard commercial operating agreement will be used.
Staff
recommends approving the sublease agreement between O & O Investment LLC
and Kokopelli Flying Services LLC and approving
the commercial operating
agreement with Kokopelli
Flying Services LLC for operating
from
the O & O Investment LLC hangar at 3201 East Airport Loop Road.
Attachments: None
FISCAL IMPACT
Anticipated revenue: $150.00 per month operating fee plus 5% sublease rate increase.
T\packets\040621\Kokopellisublease-op agmt
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CC MTG DATE: 04/06/21 ITEM: 7-H
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Acceptance of Grant Funds from the Network of the National Library of Medicine and Authorization of Associated Budget Transfers (Lisa Lewis)
RECOMMENDATION
I MOVE to accept grant funding from the Network of the National Library of Medicine in the amount of $5,000.00 and authorize the associated budget transfers.
BACKGROUND
On March 15, 2021, the Show Low Public Library was notified that it was awarded a $5,000.00 grant for fiscal year 2021 from the Network of the National Library of Medicine (NNLM). These funds will be used for a citizen science project to be held during the month of April, 2021. This project is open to participants of all age groups.
Staff recommends accepting the grant funding and approve the associated budget transfers. There are no matching funds required to accept this grant.
Attachments:
None
FISCAL IMPACT
Anticipated cost: $5,000.00
Budget transfers required: NNLM Citizen Science Project (22-435-430-6100-2119)
|
Description |
Account |
Approved Budget |
Transfer |
Amended Budget |
|
Misc. Grant Revenue |
22-435-360-3342-0001 |
$10,000 |
(5,000) |
$5,000 |
|
Federal Grants |
22-435-360-3342-0000 |
$227,481 |
5,000 |
$232,481 |
|
Misc. Grant Expenditures |
22-435-495-3342-0001 |
$10,000 |
(5,000) |
$5,000 |
|
NNLM Citizen Science Project |
22-435-430-6100-2119 |
$0.00 |
5,000 |
$5,000 |
|
Total |
|
$247,481 |
0.00 |
$247,481 |
T\packets040621\NNLMGrant
MINUTES OF THE REGULAR MEETING OF THE SHOW LOW CITY COUNCIL HELD ON TUESDAY, MARCH 16, 2021 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 181 NORTH 9TH STREET, SHOW LOW, NAVAJO COUNTY, ARIZONA
1. Call to Order.
Mayor Leech called the meeting to order at 7:00 p.m.
2. Roll Call.
COUNCIL MEMBERS PRESENT: Mayor Leech, Vice Mayor Kakavas (telephonically), Councilman Adams, Councilman Hatch, Councilman Allsop, and Councilwoman Wilson.
COUNCIL MEMBERS ABSENT: Councilman Clark.
STAFF MEMBERS PRESENT: Ed Muder, City Manager; F. Morgan Brown, City Attorney; Justin Johnson, Deputy City Manager; Joe Shelley, Police Chief; Brad Provost, Police Commander; Tom Bahr, Airport Manager; Nicole Hudson, Assistant City Clerk; and Rachael Hall, City Clerk.
GUESTS: Steve Heckathorne, Dennis Hughes, Brad Baker, Chuck Moore, Jennifer and Paul Wade, Ruger Seeley, Madison Moore, Chris Francis, Doug Roberts, and others.
3. Invocation.
Councilman Adams gave the invocation.
4. Pledge of Allegiance.
Mayor Leech led the Council and audience in the pledge of allegiance.
5. CALL TO THE PUBLIC:
Any citizen desiring to speak on a matter that is within the jurisdiction of the City Council may do so at this time. Comments may be limited to three minutes per person and shall be addressed to the City Council as a whole, and not to any individual member. Issues raised shall be limited to those within the jurisdiction of the City Council. Pursuant to the Arizona Open Meeting Law, the City Council cannot discuss or act on items presented at this time. At the conclusion of the call to the public, individual City Council members may (1) respond to criticism made by those who have spoken, (2) ask staff to review a matter, and (3) ask that a matter be put on a future agenda.
Steve Heckathorne, with Navopache Electric Cooperative (NEC), said NEC was in attendance tonight to present the City with a check. NEC was in the business of providing safe and affordable electricity to citizens. NEC had been in business with the City since 1980 with a franchise agreement. NEC had invested over $6 million dollars in infrastructure within the City over the last five years to continue to keep up with the growth.
Mr. Heckathorne introduced Dennis Hughes, NEC Board of Directors Secretary and Treasurer. Mr. Hughes explained that members of NEC build ownership through energy purchases. Margins were the difference between operating revenues and expenses, and each year’s margins were allocated to the members in proportion to the amount of electricity each member used during the year. He said the capital credit allocation represented the member’s share of margins for the year.
Mr. Hughes said based on NEC’s financial stability, NEC’s Board of Directors had approved the retirement of 100% of the capital credits allocated to members for the years 1974 through 1983. The check presented tonight to the Council represented the City’s capital credit allocations for those years.
Brad Baker, NEC Board of Directors Chairman, presented the City with a check for $2,374.92.
6. SPECIAL EVENTS:
A. Special Presentation in Recognition of Retired City Employee.
Chief Shelley introduced Sergeant Shawn Roby, a retired Show Low police sergeant who served the City for over 22 years. Chief Shelley gave an overview of Sergeant Roby’s work history and thanked him for his work and dedication to the City.
Sergeant Roby thanked the Council and staff for the opportunities the City had provided. He said this was an honorable profession and encouraged the Council and staff to continue to support law enforcement officers.
Mayor Leech presented Sergeant Roby with a clock from the Council for his years of service.
7. CONSENT CALENDAR:
A. Proclamation by the Mayor Proclaiming March 17, 2021 as National SBDC Day in the City of Show Low.
B. Consideration of Approval of Technical Assistance Contract with Northern Arizona Council of Governments (NACOG) for the Community
Development Block Grant Application Authorized by Resolution No. R2021-01. (Lisa Robertson/Justin Johnson)
C. Consideration of Minutes of Show Low City Council meetings:
(1) Regular Meeting of March 2, 2021.
COUNCILWOMAN WILSON MOVED TO APPROVE THE CONSENT CALENDAR AS PRESENTED; SECONDED BY COUNCILMAN ADAMS; PASSED 6 TO 0 WITH MAYOR LEECH, VICE MAYOR KAKAVAS, AND COUNCIL MEMBERS ADAMS, ALLSOP, HATCH, AND WILSON VOTING IN FAVOR.
8. NEW BUSINESS:
A. Consideration of Resolution No. R2021-03 Authorizing Submitting Application for Arizona State Parks and Trails Application, Signature, and Approval of the Project Agreement for the Construction of Phase II of the Americans with Disabilities Act Trail on Show Low Creek at the Meadow. (Lisa Robertson/Justin Johnson)
Mr. Johnson said on December 31, 2020, the City submitted a pre-grant application to the Arizona State Parks (ASP) Non-Motorized Trail Project to construct Phase II of a new Americans with Disabilities Act (ADA) pedestrian trail along Show Low Creek that would terminate at Woolford Road. ASP approved the pre-application allowing access to the final application. Phase II would begin at the termination point of the recently completed ADA trail and travel approximately 2,000 linear feet south along the western bank of the creek, ending on the east side of Hampton Inn & Suites. The trail would have an asphalt foundation to ensure a high degree of safety for wheelchairs and other mobility devices and include two bench seating areas.
Mr. Johnson said the maximum ASP grant funding available for the non- motorized trail project was $150,000.00 with a required non-federal match from the City of Show Low. Total estimated cost of the project was
$163,357.00 with a non-federal cash match of $29,405.00. To complete the application obligations, the City was required to certify, by resolution, approval of the application, signature authorization, the availability of local matching funds and authorization to sign the project sponsor agreement.
Councilman Allsop expressed appreciation for staff applying for this grant and the continued work on the Meadow.
Mayor Leech said there were many citizens who used the trail and looked forward to the extension of the trail being completed.
COUNCILMAN ALLSOP MOVED TO ADOPT RESOLUTION NO. R2021-03 AUTHORIZING SUBMITTING AN ARIZONA STATE PARKS AND TRAILS GRANT APPLICATION AND AUTHORIZATION TO SIGN THE PROJECT SPONSOR AGREEMENT CERTIFYING THE AVAILABILITY OF $29,405.00 IN MATCHING FUNDS FOR CONSTRUCTION OF PHASE II OF A 2,000 FOOT AMERICANS WITH DISABILITIES ACT TRAIL ALONG SHOW LOW CREEK AT THE MEADOW KNOWN AS THE MEADOW TRAIL AT THE BLUFFS AND APPROVE ASSOCIATED BUDGET TRANSFERS; SECONDED BY VICE MAYOR KAKAVAS; PASSED 6 TO 0 WITH MAYOR LEECH, VICE MAYOR KAKAVAS, AND COUNCIL MEMBERS ADAMS, ALLSOP, HATCH, AND WILSON VOTING IN FAVOR.
B. Consideration of Acceptance of Task Order B Provided by Professional Services Contract with Armstrong Consultants, Inc. for South Apron Rehabilitation Project. (Thomas Bahr)
Mr. Bahr said on July 16, 2019, the City Council awarded a professional services contract to Armstrong Consultants for engineering services at the Show Low Regional Airport. Engineering and construction administration services for several projects, including the rehabilitation of the south apron, were included in the services provided by Armstrong Consultants.
Mr. Bahr said on March 2, 2021, the City Council approved a recommendation to the Federal Aviation Administration (FAA) to award Armstrong Consultants a contract for the engineering and construction administration services for the south apron rehabilitation project.
Mr. Bahr said these engineering and construction administration services were supported by the FAA at 95% or $196,802.00 of the total project cost and Arizona Department of Transportation and the City would each pay 2.5% or $5,179.00 of the project cost.
Mr. Bahr said staff recommended approval of Task Order B with Armstrong Consultants, Inc. in an amount not to exceed $207,160.00, with the City’s cost share not to exceed $5,179.00, for the south apron rehabilitation project at the Show Low Regional Airport.
COUNCILMAN HATCH MOVED TO APPROVE TASK ORDER B AS PART OF THE PROFESSIONAL SERVICES CONTRACT WITH ARMSTRONG CONSULTANTS, INC., IN AN AMOUNT NOT TO EXCEED $207,160.00, WITH THE CITY’S COST SHARE NOT TO EXCEED $5,179.00 FOR THE SOUTH APRON REHABILITATION PROJECT AT SHOW LOW REGIONAL AIRPORT; SECONDED BY COUNCILMAN ADAMS; PASSED 6 TO 0 WITH MAYOR LEECH, VICE
MAYOR KAKAVAS, AND COUNCIL MEMBERS ADAMS, ALLSOP, HATCH, AND WILSON VOTING IN FAVOR.
Mr. Muder said this was Mr. Bahr’s last Council meeting and would be leaving the City for another job opportunity. He thanked Mr. Bahr for his service.
Councilman Allsop thanked Mr. Bahr for his service.
C. Consideration of Ordinance No. 2021-02 Authorizing Purchase of Real Property Known as A.P. No. 210-41-001B from Cygnus Home Service, LLC. (Morgan Brown/Ed Muder)
Mr. Brown said City staff noticed that the building and property located at 1301 East Thornton in the City of Show Low was for sale. The property consisted of approximately 1.19 acres and the building was approximately 4,200 square feet. The listed price was for $395,000.00. This building was located next to our public works yard in the Industrial Park. City staff felt this building and lot would be advantageous to the City for possible future police evidence and permanent city storage. Staff approached the seller’s agent and negotiated an offer to purchase the property for
$360,000.00. City staff had visited the property and the building appeared to be in good condition. There was a large freezer in the building that would need to be removed. There was ample property to add onto the building if needed. The agreement allowed the City a 30-day inspection period. The close of escrow would be on or about April 8, 2021 with the parties splitting the escrow fees and the seller paying for title insurance.
Mr. Brown said staff recommended approving Ordinance No. 2021-02 and purchasing the property for police evidence and permanent storage for the City.
Councilwoman Wilson asked if the City would have to pay to have the freezer removed. Mr. Brown said the freezer would be listed at an auction to see if someone was interested in purchasing and picking up the freezer.
By unanimous consent, Ms. Hall read Ordinance No. 2021-02 by title only since all Council members had a copy.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF SHOW LOW, ARIZONA, AUTHORIZING THE PURCHASE OF REAL PROPERTY KNOWN AS A.P. NO. 210-41-001B FROM CYGNUS HOME SERVICE, LLC.
COUNCILWOMAN WILSON MOVED TO ADOPT ORDINANCE NO. 2021-02 AND FURTHER MOVE TO APPROVE THE PURCHASE AGREEMENT WITH CYGNUS HOME SERVICE, LLC AND AUTHORIZE
THE MAYOR TO SIGN ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF THE PROPERTY; SECONDED BY COUNCILMAN ADAMS; PASSED 6 TO 0 WITH MAYOR LEECH, VICE MAYOR KAKAVAS, AND COUNCIL MEMBERS ADAMS, ALLSOP, HATCH, AND WILSON VOTING IN FAVOR.
9. SUMMARY OF CURRENT EVENTS:
A. Council Members
Councilman Allsop attended a Meals on Wheels meeting. He encouraged citizens to volunteer at the Senior Center. He thanked public works staff for their efforts on snow removal and cleaning sidewalks.
B. Mayor
Mayor Leech said City continued preparations for the eighth annual BBQ Throwdown special event.
C. City Manager
Mr. Muder said the recreation department continued making plans for a drive-by Easter event scheduled for Saturday, March 27, at the Show Low Family Aquatic Center. Registration continued for summer coed, men’s and women’s softball coed, men’s, and women’s leagues through March 30 or until sold out.
Mr. Muder said in public works projects, the City’s contractor completed the work on the SR260 waterline crossing project. Work would begin in April on the 11th Avenue waterline replacement from Owens (near the aquatic center) going north to West McNeil, and should be completed in 60 days. He thanked citizens for their patience as the City worked on important improvements to infrastructure.
10. SCHEDULING OF MEETINGS:
Mr. Muder said there would be a special meeting scheduled for the Council to interview the applicants for the vacancies on the Planning and Zoning Commission, Board of Adjustment, Aviation Advisory Committee, and Parks and Recreation Advisory Committee. The meeting would be held on March 23, at 5:00 p.m.
Mr. Muder said there would be a study session scheduled with the Council to discuss a report from Sports Facilities Advisory Group. The study session would be held on March 30, at 6:00 p.m.
11. ADJOURNMENT.
There being no further business to be brought before the Council, MAYOR LEECH ADJOURNED THE REGULAR MEETING OF THE SHOW LOW CITY COUNCIL OF MARCH 16, 2021 AT 7:32 P.M.
ATTEST: APPROVED:
Rachael Hall, City Clerk John Leech, Jr., Mayor
T:\docs\cc031621
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the REGULAR MEETING of the City Council of Show Low held on March 16, 2021. I further certify that the meeting was duly called and held and that a quorum was present.
Dated this day of , 20 . (SEAL)
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Rachael Hall, City Clerk
MINUTES OF THE SPECIAL MEETING OF THE SHOW LOW CITY COUNCIL HELD ON TUESDAY, MARCH 23, 2021 AT 5:00 P.M. IN THE CITY COUNCIL CHAMBERS, 181 NORTH 9TH STREET, SHOW LOW, NAVAJO COUNTY, ARIZONA
1. Call to Order.
Mayor Leech called the meeting to order at 5:00 p.m.
2. Roll Call.
COUNCIL MEMBERS PRESENT: Mayor Leech, Vice Mayor Kakavas, Councilman Allsop, Councilman Clark, Councilman Hatch, Councilwoman Wilson, and Councilman Adams (arrived at 5:06 p.m.).
COUNCIL MEMBERS ABSENT: None.
STAFF MEMBERS PRESENT: F. Morgan Brown, City Attorney and Rachael Hall, City Clerk.
GUESTS: Becky Clark, Viola Kinney, Stephen Hair, Eric Podoll, Zachary Barlow, Douglas Roberts, Jarom Lewis, John Hannah, and Scott Lindbloom.
VICE MAYOR KAKAVAS MOVED TO RECESS INTO EXECUTIVE SESSION TO INTERVIEW THE APPLICANTS FOR THE SHOW LOW PARKS AND RECREATION ADVISORY COMMITTEE, SHOW LOW PLANNING AND ZONING COMMISSION, SHOW LOW BOARD OF ADJUSTMENT, AND SHOW LOW AVIATION ADVISORY COMMITTEE; SECONDED BY COUNCILMAN CLARK; PASSED 6 TO 0 WITH MAYOR LEECH, VICE MAYOR KAKAVAS, AND COUNCIL MEMBERS ALLSOP, CLARK, HATCH, AND WILSON VOTING IN FAVOR.
The Show Low City Council recessed into Executive Session at 5:00 p.m.
3. EXECUTIVE SESSION.
A. Confidentiality Statement.
B. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining, or resignation of a public officer, appointee, or employee of any public body. Pursuant to
A.R.S. Section 38-431.03(A)(1).
(1) Interviews with Applicants for the Show Low Parks and Recreation Advisory Committee.
5:10 p.m. Becky Clark
5:20 p.m. Viola Kinney 5:30 p.m. Stephen Hair 5:40 p.m. Dawn Hall 5:50 p.m. Eric Podoll
(2) Interviews with Applicants for the Show Low Planning and Zoning Commission.
6:00 p.m. Zachary Barlow
6:10 p.m. William Bess – phone interview 6:20 p.m. Douglas Roberts
6:30 p.m. Jarom Lewis
(3) Interviews with Applicants for the Show Low Board of Adjustment.
6:40 p.m. John Hannah
John Jarrett – not available for interview
(4) Interviews with Applicants for the Show Low Aviation Advisory Committee.
6:50 p.m. Doug Riggins 7:00 p.m. Roger Coyle 7:10 p.m. Scott Lindbloom
(5) Discussion of Potential Candidates for the Show Low Parks and Recreation Advisory Committee, Show Low Aviation Advisory Committee, Show Low Board of Adjustment, and Show Low Planning and Zoning Commission.
4. POST EXECUTIVE SESSION.
Consideration of any item on the Executive Session portion of this agenda, which the Council may wish to take action upon in Open Session.
The Show Low City Council reconvened into Open Session at 7:03 p.m.
5. Adjournment.
There being no further business to be brought before the Council, MAYOR LEECH ADJOURNED THE SPECIAL MEETING OF THE SHOW LOW CITY COUNCIL OF MARCH 23, 2021 AT 7:03 P.M.
ATTEST: APPROVED:
Rachael Hall, City Clerk John Leech, Jr., Mayor
T:\docs\cc032321s
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the SPECIAL MEETING of the City Council of Show Low held on March 23, 2021. I further certify that the meeting was duly called and held and that a quorum was present.
Dated this day of , 20 . (SEAL)
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Rachael Hall, City Clerk
MINUTES OF THE STUDY SESSION OF THE SHOW LOW CITY COUNCIL HELD ON TUESDAY, MARCH, 30, 2021 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 181 NORTH 9TH STREET, SHOW LOW, NAVAJO COUNTY, ARIZONA
1. Call to Order.
Mayor Leech called the meeting to order at 6:00 p.m.
2. Roll Call.
COUNCIL MEMBERS PRESENT: Mayor Leech, Vice Mayor Kakavas, Councilman Adams, Councilman Clark, Councilman Hatch, and Councilwoman Wilson.
COUNCIL MEMBERS ABSENT: Councilman Allsop.
STAFF MEMBERS PRESENT: Ed Muder, City Manager; F. Morgan Brown, City Attorney; Justin Johnson, Deputy City Manager; Steve North, Business Development Coordinator; and Rachael Hall, City Clerk.
GUESTS: Sharon Stone, Diana North, Paul Watson, Bruce Ironside, and others.
3. Discussion of Report from Sports Facilities Advisory.
Mr. North introduced Evan Eleff, from Sports Facilities Advisory, who was here to present recommendations regarding a sports and events center in Show Low and present funding and development support proposal overview.
Mr. Eleff gave an overview of his companies, Sports Facilities Advisory (SFA) Sports Facility Development (SFD), and Sports Facilities Management (SFM) which were separate entities with a different focus. He said the mission of the Sport Facilities Companies was to improve the health and economic vitality of the communities they served. They were founded in 2003 and served over 2,000 clients. Between the three companies, they offered a concept to concrete process and the next step for the City would be the funding and partnership development.
Mr. Eleff said the definitions of success were to create a hub for high-quality programming that would enhance the local community, achieve operational sustainability, establish a premiere tournament and event venue, and attract non- local visitors to Show Low.
Mr. Eleff said the projections created a 111,000 square-foot facillity with six basketball/volleyball courts, a 3,600 square-foot family entertainment center, flex/support spaces, a 15,000 square-foot leased space for sports performances and medical purposes, an elevated track/mezzanine, and 445 parking spaces.
Mr. Eleff said the projected cost would be $27,293,647. In terms of operations, projections showed the facility would be self-sustainable by the third year and could have an economic impact of about $6.9 million by the fifth year of operation. He said they used very conservative projections.
Mr. Eleff said the drivers of success would be the facility, impact per event, tournaments/events, partnerships, and community benefits. He said a six-court facility was competitive for sports tourism events in the region. Fewer events could drive greater economic impact than other parts of the country. Events rights holders would need to be incentivized to host tournaments in Show Low given its geographic positioning compared to other markets. The facility would need to formalize partnerships with tenants to prove and improve performance of the model. The facility would serve as a hub for sports, recreation, wellness, entertainment, and events that were currently lacking in the market.
Mr. Eleff said the challenges for the center would be local programming/revenue, accessibility, hotel inventory, and competition. There was limited opportunity to generate revenue during non-tournament weekends and weekdays due to the demographics and socioeconomics in the community. A primary driver of this project was to create visitor spending during the off-peak season, weather and access could threaten events and if there were consistent access issues it could create a barrier to booking future events. While most of the events could be supported by the hotels in the Show Low area, Show Low itself did not have the number of hotel rooms required to keep spending within city limits. The Phoenix Metropolitan Area had a high number of current and potential future developments that would compete with this facility.
Mr. Eleff shared facility examples from other communities that Sports Facilities Companies were involved with and their potential earnings.
Mr. Eleff gave an overview of funding and development support services. The purpose of funding was to create a diverse set of funding mechanisms that would limit risks for the City and its partners. The purpose for partnerships was to secure commitments from partners that could contribute to capital and operations. The purpose to forecast was to prove and improve upon the projections in the pro forma. Key elements for the first three months during the funding and development support services phase would be to form a core team, assess the development opportunities, develop visual representation, develop the “baseline” pitch deck, identify and research funding partners, identify and research operating partners, make the first round of pitches, gauge interest and opportunity, and establish the go-forward plan.
Mr. Eleff gave an overview of the fees for the first three months during the funding and development support services phase. SFA would require a $60,000
plus reimbursable travel for one trip to market, if it took longer than three months the fee would remain the same. The conceptual design fee would be up to
$15,000, dependent on relationships and SFA would support and advise on selecting a design team. Future funding and development support services would be based on a go-forward plan and progress.
Councilman Hatch asked if there was a cookie-cutter plan that could be used to build this facility. Mr. Eleff said there were design concepts that the City could potentially use but would need to go to an architect for actual planning and designing for this area.
Councilman Adams asked if the facility had meeting spaces designed for use. Mr. Eleff said yes, there were spaces designed for meetings, consumer and trade shows, and the facility would not be used just for sporting events. Councilman Adams asked if outdoor fields could be added at a later time. Mr. Eleff said yes, outdoor fields could be added at a later date if the space provided for additional field space.
Vice Mayor Kakavas asked how many people could be accommodated in the designed meeting spaces. Mr. Eleff said the space would depend on final design but on average it would be calculated at 15 square foot per person. He said there was potential for large capacity depending on the type of meeting or show that was being staged. He said the space would not be a black-tie event style but the City could create the atmosphere it desired with certain finishes.
Mayor Leech asked for clarification of meeting space sizes and if they could be changed. Mr. Eleff said that during the design phase the City could build out the meeting spaces in different ways than what was first introduced. All designs could be changed to fit the City’s needs.
Vice Mayor Kakavas asked for clarification on the projected needs for leased medical space. Mr. Eleff said during initial conversations for a projected events center, the local hospital had said there was a need for leased space for medical purposes. He believed it was for services outside of the hospital spectrum such as rehabilitation and other different types of medical needs.
Paul Watson, Events and Sports Center Committee member, said the new facility that Summit Healthcare built had anticipated growth but had already occupied all the space in that building and there was not space for future growth. He also believed that this projected facility would help attract and attain health providers to the area.
Councilwoman Wilson asked what percentage of projected facilities did not make it to the development stage. Mr. Eleff said SFA received on average 50 inbound requests a week and only took on one-to-two requests while eliminating all the
rest. He said of the one-to-two requests, 30% of those projects were not feasible, 20% were feasible, and the remaining 50% were feasible but with stipulations (what they called “Yes,if”.)
Councilwoman Wilson asked if soft costs for construction, operating costs, ongoing management fees, and fees for future studies would be an additional cost added to the projected $27 million. Mr. Eleff said no, the soft costs, operating and managing fees were built into the projected $27 million.
Mayor Leech asked if the facilities that were mentioned during the presentation had another company managing the facility. Mr. Eleff said the mentioned facilities used SFM to manage their facilities.
Councilman Hatch asked if SFA had studied the interest for traveling to a remote area such as Show Low. Mr. Eleff said yes, SFA had taken into consideration the remote area during the initial study phases for feasibility. Key points, surveys, and indicators showed interest for visitors to travel to this area.
Councilman Hatch asked if SFA had studied the need and interest for high- altitude training for athletes. Mr. Eleff said yes, SFA studied the need and interest for high-altitude training and this area would be a desirable destination for such training.
Mr. Muder said the Events and Sports Committee had met and read through SFA’s feasibility reports and recommended moving forward with the next phase, funding and development support services.
Bruce Ironside said this facility could be a tremendous opportunity to improve the community and provide more well-rounded demographics to the area. He believed it would form a more healthy community.
Jennifer Brimhall said people were looking for reasons to come to this area and this facility would provide a reason. She recently bought Camp Grace, located outside of city limits, and was already booked through the summer for activities from visitors. This facility could create a stronger and healthier community and bring economic development to the area.
Councilman Clark said building a facility that could be self-sustaining in three years and provide $6.9 million into the community within five years would be a good business opportunity for the community. He said this facility could provide healthy opportunity for citizens and help the City for future economic opportunities especially during the winter season. The facility could provide the opportunity to capture tourism by having activities, events, and tournaments year-round.
Staff was directed to add an agenda item to the next regular meeting for the Council to vote for the next phase of funding and development support services from SFA.
4. Adjournment.
There being no further discussion, MAYOR LEECH ADJOURNED THE STUDY SESSION OF THE SHOW LOW CITY COUNCIL OF MARCH 30, 2021 AT 7:22 P.M.
ATTEST: APPROVED:
Rachael Hall, City Clerk John Leech, Jr., Mayor
T:doc\2021\c033021ss
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the STUDY SESSION of the City Council of Show Low held on March 30, 2021. I further certify that the meeting was duly called and held and that a quorum was present.
Dated this day of , 20 . (SEAL)
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Rachael Hall, City Clerk
CC MTG DATE: 04/06/21 ITEM: 8-A
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Appointment of Planning and Zoning Commission Members (Rachael Hall)
RECOMMENDATION
I MOVE to appoint (state three individuals’ names) to the Show Low Planning and Zoning Commission for terms expiring March 2025.
BACKGROUND
The terms of three Planning and Zoning Commission members, Zachary Barlow, William Bess, and Doug Roberts, expired at the end of March. Per policy, City staff advertised the vacancies. Staff contacted the incumbents to gauge their interest in reapplying and three, Zachary Barlow, William Bess, and Douglas Roberts, submitted applications. In addition, staff received one application from Jarom Lewis. On March 22, applicant William Bess contacted staff and withdrew his name for consideration. The remaining three applicants were interviewed by the Council on March 23.
Attached is a list of the three applicants. Council members will mark their three choices on the questionnaire for individuals they wish to appoint. After the Clerk tallies the results and indicates the three individuals with the most votes, a formal motion may be made based on the results. Council members’ votes will be reflected in the minutes.
Attachments: Questionnaire
T\packets\040621\P&ZAppt
Council member’s name:
SHOW LOW PLANNING AND ZONING COMMISSION
Four Vacancies – Terms expire March 2025
Please Select Three (3) Applicants
Barlow, Zachary
Lewis, Jarom
Roberts, Douglass
CC MTG DATE: 04/06/21 ITEM: 8-B
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Appointment of Parks and Recreation Advisory Committee Members (Rachael Hall)
RECOMMENDATION
I MOVE to appoint (state three names) to the Show Low Parks and Recreation Advisory Committee for terms ending March 2025.
BACKGROUND
The terms of three Parks and Recreation Advisory Committee members, Stephen Hair, Dawn Hall, and Eric Podoll, expired at the end of March. Staff contacted the incumbents to gauge their interest in reapplying and all three incumbents applied to be reappointed.
Per policy, City staff advertised the three vacancies. Staff received applications from two individuals: Becky Clark and Viola Kinney. The five applicants were interviewed by the City Council on March 23.
Council members will mark their choices for the three individuals they wish to appoint. After the Clerk tallies the results and indicates the three individuals with the most votes, a formal motion may be made based on the results. The votes will be reflected in the minutes.
Attachments: Questionnaire
T\packets\040621\P&RAppt
Council member’s name:
SHOW LOW PARKS AND RECREATION ADVISORY COMMITTEE
Two Vacancies – Terms expire March 2025
Please Select Three (3) Applicants
Clark, Becky
Hair, Stephen
Hall, Dawn
Kinney, Viola
Podoll, Eric
CC MTG DATE: 04/06/21 ITEM: 8-C
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Appointment of Board of Adjustment Members (Rachael Hall)
RECOMMENDATION
I MOVE to appoint (state two individuals’ names) to the Show Low Board of Adjustment for terms ending March 2025.
BACKGROUND
The terms of two Board of Adjustment members expired in March. Both seats are four-year terms. Staff contacted the incumbents to gauge their interest in reapplying and one incumbent, John Jarrett submitted an application.
Per policy, City staff advertised the vacancies and received one application from John Hannah. John Hannah was interviewed by the Council on March 23 and John Jarrett was unavailable to be interviewed.
Council members will mark their two choices on the questionnaire, which will be tallied by the Clerk. A formal motion may be made based on who receives the most votes. Council members’ votes will be reflected in the minutes.
Attachments:
Questionnaire
T\packets\040621\BOA-appt
Council member’s name:
SHOW LOW BOARD OF ADJUSTMENT
Two Vacancies – Terms expire March 2025
Please Select Two (2) Applicants
Hannah, John
Jarrett, John
CC MTG DATE: 04/06/21 ITEM: 8-D
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Award of Construction Contract for Citywide Roadway Improvement Projects, City of Show Low Project No. R-1721 (Shane Hemesath)
RECOMMENDATION
I MOVE to award the construction contract for the Citywide Roadway Improvement Projects, City of Show Low Project No. R-1721, to Hatch Construction & Paving, Inc. in an amount not to exceed $410,280.00.
BACKGROUND
The City’s fiscal year 2021 capital improvements program budget includes $48,000.00 for a roadway improvement project labeled “6th Street,” $80,202.00 for a roadway improvement project labeled “16th Avenue,” $180,000.00 for a roadway improvement project labeled “Hillcrest Subdivision,” and $165,000.00 for a roadway improvement project labeled “14th Loop Subdivision.” These four projects’ scope all consist of pulverizing the existing aging asphalt roadway and installing a new three-inch asphalt overlay. The scope of work also includes installing driveway transitions, establishing roadside ditches and shoulders, and adjusting utilities to final asphalt grade. In an effort to increase the economy of scale and reduce redundant costs, the four projects have been grouped together into one for construction.
The project was designed by City engineering staff. The project has a construction estimate of
$587,000.00. The project was publicly bid according to statutory requirements with the
|
following results: |
|
|
Contractor |
Total Bid |
|
Hatch Construction & Paving, Inc. |
$410,280.00 |
|
PAP LLC |
$524,255.00 |
|
Sunland Asphalt |
$537,770.00 |
|
McCauley Construction Inc. |
$558,965.00 |
|
Cactus Asphalt |
$605,132.50 |
|
Perkins Cinders |
$632,287.40 |
|
Surface Contracting |
$636,255.00 |
Staff recommends awarding the construction contract for the Citywide Roadway Improvement Projects, City of Show Low Project No. R-1721, to Hatch Construction & Paving, Inc. in an amount not to exceed $410,280.00.
Attachments: Bid Tabulation
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FISCAL IMPACT
Anticipated cost: $410,280.00
Funding source: 6th Street Improvements - $86,735.00 (12-500-495-7300-2013/2013); 16th Improvements - $138,715.00 (12-500-495-7310-2069/2069); Hillcrest Subdivision - $92,895.00 (12-500-495-7300-2101/5002101); 14th Loop - $91,935.00 (12-500-495-7300-2015/2015)
T\packets\040621/R-1721 Citywide Roadway Improvement Projects
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Project Name: Citywide Roadway Improvement Project No. R-1721 Bid Opening March 30, 2021 @ 2:00 PM
Bid Tabulation Sheet
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BID SCHEDULE A |
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|
|
Hatch Construction |
1 |
|
PAP LLC |
2 |
|
Sunland Asphalt |
3 |
|
McCauley Construction |
4 |
|
Cactus Asphalt |
5 |
|
Perkins Cinders |
6 |
|
Surface Contracting |
7 |
|
Item |
Description |
Unit |
No. of Units |
Unit Price |
Total Price |
Unit Price |
Total Price |
Unit Price |
Total Price |
Unit Price |
Total Price |
Unit Price |
Total Price |
Unit Price |
Total Price |
Unit Price |
Total Price |
|||||||
|
1 |
Mobilization |
LS |
1 |
$20,000.00 |
$20,000.00 |
$35,000.00 |
$35,000.00 |
$95,352.50 |
$95,352.50 |
$14,000.00 |
$14,000.00 |
$55,000.00 |
$55,000.00 |
$35,000.00 |
$35,000.00 |
$20,000.00 |
$20,000.00 |
|||||||
|
2 |
Traffic Control |
LS |
1 |
$9,000.00 |
$9,000.00 |
$10,000.00 |
$10,000.00 |
$30,000.00 |
$30,000.00 |
$12,000.00 |
$12,000.00 |
$50,000.00 |
$50,000.00 |
$10,000.00 |
$10,000.00 |
$16,000.00 |
$16,000.00 |
|||||||
|
3 |
Sawcut Existing Concrete/Asphalt |
LF |
650 |
$2.00 |
$1,300.00 |
$2.00 |
$1,300.00 |
$1.75 |
$1,137.50 |
$3.50 |
$2,275.00 |
$1.75 |
$1,137.50 |
$6.92 |
$4,498.00 |
$4.00 |
$2,600.00 |
|||||||
|
4 |
Pulverize Existing Asphalt Per Plan Detail and Specifications 16th Ave |
SY |
6,800 |
$1.40 |
$9,520.00 |
$1.20 |
$8,160.00 |
$1.80 |
$12,240.00 |
$1.80 |
$12,240.00 |
$1.25 |
$8,500.00 |
$3.90 |
$26,520.00 |
$2.75 |
$18,700.00 |
|||||||
|
5 |
Reshape Roadway and Compact - 16th Ave |
SY |
6,800 |
$2.00 |
$13,600.00 |
$2.25 |
$15,300.00 |
$1.10 |
$7,480.00 |
$4.00 |
$27,200.00 |
$2.75 |
$18,700.00 |
$4.44 |
$30,192.00 |
$3.50 |
$23,800.00 |
|||||||
|
6 |
Install 3" Asphalt Overlay - 16th Ave |
Tons |
1,290 |
$78.00 |
$100,620.00 |
$106.00 |
$136,740.00 |
$81.00 |
$104,490.00 |
$102.00 |
$131,580.00 |
$93.00 |
$119,970.00 |
$98.00 |
$126,420.00 |
$105.00 |
$135,450.00 |
|||||||
|
7 |
Pulverize Existing Asphalt Per Plan Detail and Specifications - 6th St |
SY |
3,900 |
$1.40 |
$5,460.00 |
$1.20 |
$4,680.00 |
$1.80 |
$7,020.00 |
$1.80 |
$7,020.00 |
$1.60 |
$6,240.00 |
$3.90 |
$15,210.00 |
$2.75 |
$10,725.00 |
|||||||
|
8 |
Reshape Roadway and Compact - 6th Ave |
SY |
3,900 |
$2.00 |
$7,800.00 |
$2.25 |
$8,775.00 |
$1.10 |
$4,290.00 |
$4.00 |
$15,600.00 |
$2.75 |
$10,725.00 |
$5.12 |
$19,968.00 |
$3.50 |
$13,650.00 |
|||||||
|
9 |
Install 3" Asphalt Overlay - 6th Ave |
Tons |
750 |
$78.00 |
$58,500.00 |
$106.00 |
$79,500.00 |
$81.00 |
$60,750.00 |
$110.00 |
$82,500.00 |
$100.00 |
$75,000.00 |
$100.00 |
$75,000.00 |
$105.00 |
$78,750.00 |
|||||||
|
10 |
Pulverize Existing Asphalt Per Plan Detail and Specifications - Hillcrest Subdivision |
SY |
4,000 |
$1.40 |
$5,600.00 |
$1.20 |
$4,800.00 |
$1.80 |
$7,200.00 |
$1.80 |
$7,200.00 |
$1.60 |
$6,400.00 |
$3.90 |
$15,600.00 |
$2.75 |
$11,000.00 |
|||||||
|
11 |
Remove Existing Concreate Driveway - Hillcrest |
SF |
420 |
$3.00 |
$1,260.00 |
$5.00 |
$2,100.00 |
$7.50 |
$3,150.00 |
$3.50 |
$1,470.00 |
$5.00 |
$2,100.00 |
$3.50 |
$1,470.00 |
$4.00 |
$1,680.00 |
|||||||
|
12 |
Install Concrete Driveway 6" MIN Thick - Hillcrest |
SF |
420 |
$9.00 |
$3,780.00 |
$8.00 |
$3,360.00 |
$17.50 |
$7,350.00 |
$5.00 |
$2,100.00 |
$13.00 |
$5,460.00 |
$10.71 |
$4,498.20 |
$15.00 |
$6,300.00 |
|||||||
|
13 |
Reshape Roadway and Compact - Hillcrest Subdivision |
SY |
4,000 |
$2.00 |
$8,000.00 |
$2.25 |
$9,000.00 |
$1.10 |
$4,400.00 |
$4.00 |
$16,000.00 |
$2.75 |
$11,000.00 |
$4.99 |
$19,960.00 |
$3.25 |
$13,000.00 |
|||||||
|
14 |
Install 3" Asphalt Overlay- Hillcrest Subdivision |
Tons |
760 |
$78.00 |
$59,280.00 |
$106.00 |
$80,560.00 |
$81.00 |
$61,560.00 |
$102.00 |
$77,520.00 |
$100.00 |
$76,000.00 |
$100.00 |
$76,000.00 |
$105.00 |
$79,800.00 |
|||||||
|
15 |
Pulverize Existing Asphalt Per Plan Detail and Specifications - 14th Loop Subdivision |
SY |
4,000 |
$1.40 |
$5,600.00 |
$1.20 |
$4,800.00 |
$1.80 |
$7,200.00 |
$1.80 |
$7,200.00 |
$1.60 |
$6,400.00 |
$3.90 |
$15,600.00 |
$2.75 |
$11,000.00 |
|||||||
|
16 |
Remove Existing Concreate Driveway - 14th Loop |
SF |
340 |
$3.00 |
$1,020.00 |
$5.00 |
$1,700.00 |
$7.50 |
$2,550.00 |
$3.50 |
$1,190.00 |
$6.00 |
$2,040.00 |
$3.50 |
$1,190.00 |
$5.00 |
$1,700.00 |
|||||||
|
17 |
Install Concrete Driveway 6" MIN Thick - 14th Loop |
SF |
340 |
$9.00 |
$3,060.00 |
$8.00 |
$2,720.00 |
$17.50 |
$5,950.00 |
$5.00 |
$1,700.00 |
$15.50 |
$5,270.00 |
$11.18 |
$3,801.20 |
$15.00 |
$5,100.00 |
|||||||
|
18 |
Reshape Roadway and Compact - 14th Loop Subdivision |
SY |
4,000 |
$2.00 |
$8,000.00 |
$2.25 |
$9,000.00 |
$1.10 |
$4,400.00 |
$4.00 |
$16,000.00 |
$2.75 |
$11,000.00 |
$4.99 |
$19,960.00 |
$3.25 |
$13,000.00 |
|||||||
|
19 |
Install 3" Asphalt Overlay - 14th Loop Subdivision |
Tons |
760 |
$78.00 |
$59,280.00 |
$106.00 |
$80,560.00 |
$81.00 |
$61,560.00 |
$102.00 |
$77,520.00 |
$100.00 |
$76,000.00 |
$100.00 |
$76,000.00 |
$120.00 |
$91,200.00 |
|||||||
|
20 |
Roadway Base Repair - Excavate 6-inches minimum depth of Subgrade and dispose of material. Install and compact Asphalt Millings provided by City |
CY |
500 |
$20.00 |
$10,000.00 |
$12.00 |
$6,000.00 |
$45.00 |
$22,500.00 |
$40.00 |
$20,000.00 |
$65.00 |
$32,500.00 |
$38.00 |
$19,000.00 |
$94.00 |
$47,000.00 |
|||||||
|
21 |
Lower the Existing Water Valve and raise to finished Asphalt Grade Per COSL Std Dtl W-08 |
EA |
6 |
$400.00 |
$2,400.00 |
$500.00 |
$3,000.00 |
$875.00 |
$5,250.00 |
$875.00 |
$5,250.00 |
$685.00 |
$4,110.00 |
$800.00 |
$4,800.00 |
$1,300.00 |
$7,800.00 |
|||||||
|
22 23 |
Lower the Existing Sewer Manhole and raise to finished Asphalt Grade Per COSL Std Dtl S-01, S-02, S-06
Force Account |
EA F.A |
12 1 |
$600.00 $10,000.00 |
$7,200.00 $10,000.00 |
$600.00 $10,000.00 |
$7,200.00 $10,000.00 |
$995.00 $10,000.00 |
$11,940.00 $10,000.00 |
$950.00 $10,000.00 |
$11,400.00 $10,000.00 |
$965.00 $10,000.00 |
$11,580.00 $10,000.00 |
$1,800.00 $10,000.00 |
$21,600.00 $10,000.00 |
$1,500.00 $10,000.00 |
$18,000.00 $10,000.00 |
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|
|
Sub Total |
|
|
|
|
$410,280.00 |
|
|
$524,255.00 |
|
|
$537,770.00 |
|
|
$558,965.00 |
|
$605,132.50 |
|
$632,287.40 |
|
|
$636,255.00 |
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
1 |
|
|
|
|
|
$0.00 |
|
|
$0.00 |
|
|
$0.00 |
|
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
|
$0.00 |
||
|
2 |
|
|
|
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
$0.00 |
|||||||
|
|
|
|
|
|
|
$0.00 |
|
|
$0.00 |
|
|
$0.00 |
|
|
$0.00 |
|
$0.00 |
|
$0.00 |
|
|
$0.00 |
||
|
|
GRAND TOTAL |
|
|
|
|
$410,280.00 |
|
|
$524,255.00 |
|
|
$537,770.00 |
|
|
$558,965.00 |
|
$605,132.50 |
|
$632,287.40 |
|
|
$636,255.00 |
CC MTG DATE: 04/06/21 ITEM: 8-E
CITY OF SHOW LOW STAFF SUMMARY REPORT
AGENDA TITLE: Consideration of Approval of Professional Services Contract with Sports Facilities Advisory, LLC. (Steve North/Ed Muder)
RECOMMENDATION
I MOVE to approve a professional services contract with Sports Facilities Advisory, LLC, to conduct a funding and partnership feasibility study for a proposed sports/events center/convention facility in an amount not to exceed $75,000.00.
BACKGROUND
Sports Facilities Advisory (SFA) was commissioned in 2019 to help the City of Show Low establish a vision, gather initial support, and conduct market research on a combined sports/events/convention facility. The initial study was followed up in 2020 by a second study to vet the facility concept for financial and market feasibility. SFA concluded through the two studies that a sports/events/convention facility in Show Low could become a premiere venue to attract visitors and spending, have a significant economic and social impact on the entire region, and also achieve operational sustainability.
SFA recommends conducting a third and final planning study to take a deeper dive to include identifying potential funding sources and approaches to securing funding; assessing the proposed site and the surrounding areas for development opportunities; engaging a design firm to create site and floor plans; creating a project pitch deck to help engage potential partners; engaging potential partners, funding sources and community champions to generate project momentum; assessing the likelihood of funding the project; and establishing a plan to move the project forward, if justified by the study. The planning study is not to exceed
$60,000.00 as outlined in the scope of work with up to an additional $15,000.00 for conceptual drawings and travel. This final phase three planning study will be completed in approximately 90 days after the agreement with SFA is executed at a cost not to exceed
$75,000.00.
Staff recommends approving a professional services contract with Sports Facilities Advisory to conduct a third and final planning study on the feasibility of a combined sports/events/convention facility.
Attachments: Agreement
FISCAL IMPACT
Anticipated cost: $75,000.00
Funding source (account no.): Council Contingency (11-400-490-8140-0000)
T\packets\040621\sports facilities contract
CITY OF SHOW LOW CONTRACT FOR PROFESSIONAL SERVICES
AGREEMENT made as of April 6, 2021, between the City of Show Low, Arizona, a municipal corporation (“City”), and Sports Facilities Advisory, LLC, a Florida Limited Liability Company (“Consultant”).
WHEREAS, City requires certain professional Feasibility and Development Consulting services for a Convention/Events Center and Youth Sports feasibility study ("Project”); and
WHEREAS, Consultant represents that it has the necessary expertise to provide such services in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Services. Consultant shall perform the work described as Funding & Development Support Services in a competent and professional manner to the satisfaction of City. The Consultant’s proposal are attached hereto as Exhibit “A” and by this reference incorporated herein. If any incorporated term is inconsistent with the Agreement, this Agreement shall control.
2. Consultant’s Expertise. Consultant warrants that it has the ability, authority, capacity and professional expertise to perform this Agreement. The project shall be accomplished, reviewed, and approved by professionals registered to practice in the pertaining field of endeavor in the State of Arizona and shall perform all work applying the ordinary standard of care of like professionals. Consultant shall provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of the work to be performed hereunder. Consultant shall assign specific individuals to key positions. Once assigned to work under this Agreement, key personnel shall not be removed or replaced without City’s prior written approval.
3. Independent Contractor. Consultant acknowledges that it is an independent contractor. Neither party is or shall purport to be an agent, employee, partner, joint venture or associate of the other. An employee or agent of one party shall not be deemed an employer or agent of the other party for any purpose. Taxes or Social Security contributions will not be withheld from any payment by City, and Consultant shall be solely responsible for such matters.
4. Subcontracts. Consultant shall not enter into any subcontract with respect to any of the work to be performed hereunder without City’s prior written approval. All subcontracts shall comply with applicable federal and state laws and regulations and shall impose on the subcontractor substantially the same obligations as are imposed on Consultant by this Agreement with respect to those matters covered by Sections 8, 9, 10, 12, 15 and 18. Consultant is
responsible for full performance of this Agreement regardless of whether subcontractors are used.
5. Time for Completion. Consultant shall complete the work in accordance with customary professional standards within 90 days after the Agreement is fully executed. The date for final performance shall be extended by the number of days that performance is delayed by governmental approval or review procedures or other causes beyond Consultant’s reasonable control, as jointly confirmed in writing by the parties’ representatives. Lack of timely performance may be cause for termination.
6. Payment. The City shall pay to Consultant a not-to-exceed sum of $75,000 as payment in full for all services rendered by Consultant pursuant to this Agreement.
7. Defects in Work. City may reject any work product that fails to meet an ordinary standard of care and performance for professional standards or Project specifications. Consultant agrees to promptly remedy all such deficiencies. The parties shall make a good faith effort to resolve any controversy or claim through informal negotiation or as set forth in Section 12. No compensation shall be paid for any rejected work until such issues have been resolved.
8. Insurance Requirements.
A. Consultant shall maintain in effect, at all times during the term of this Agreement, insurance adequate to protect the City (and their respective officers and employees, participants and equipment funded under this Agreement) against such losses as set forth below. Consultant shall provide City with a current Certificate of Insurance naming City as additional insured (except for Errors and Omissions coverage).
B. The following types and amounts of insurance are required as minimums:
|
General Liability |
|
|
|
Comprehensive Form |
Bodily Injury and |
$ 1,000,000 |
|
Premises-Operation |
Property Damage |
each occurrence |
|
Personal Injury
Automobile Liability |
Personal Injury |
$ 1,000,000 Aggregate |
|
Comprehensive Form Owner Hired Non-Owned |
Bodily Injury and Property Damage Combined |
$500,000 |
Workers’ Compensation Statutory
Professional Liability/Errors & Omissions $1,000,000 each claim
Standard minimum deductibles are allowed. Any deductibles are the responsibility of Consultant. Consultant shall immediately inform City of any cancellation of insurance or any decrease in the amount of coverage at least 30 days before such action takes place. A violation of this provision may be treated as a material breach by City. Consultant shall notify City upon any termination of its regular professional liability coverage and shall obtain extended liability coverage for a minimum of five years from the termination date.
C. Consultant acknowledges that the amounts of insurance coverage stated above shall not limit its liability under this Agreement.
9. Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the costs of appellate proceedings) relating to, arising out of or resulting from the negligent acts, errors, mistakes, omissions, work or services of the Consultant, its agents, employees or subcontractors in the performance of this Agreement. Consultant’s duty to defend, hold harmless and indemnify the City, its agents, officers, officials, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment or destruction of property including loss of use resulting therefrom, caused in whole or in part by any negligent act, error, mistake or omission in the performance of this Agreement including those by any person for whose negligent acts, errors, mistakes or omissions Consultant may be liable. The amount and type of insurance coverage requirements set forth above shall not limit the scope of the indemnity in this paragraph.
10. Records and Documents. All calculations, designs, original ink on Mylar drawings, special provisions, survey notes, “Cad” files and technical data resulting from this project shall be provided to and become the property of the City. However, Consultant shall retain, and shall require each subcontractor to retain, copies of the same information relating to this Agreement for a period of five years after completion of the work. A legible copy of any, or all, such records and documents shall be produced by Consultant at the request and expense of City.
11. Non-Assignment. Consultant shall not assign any right or interest in this Agreement without City’s prior written approval, nor shall Consultant delegate any duty hereunder without City’s prior written approval.
12. Claims and Disputes. All claims, disputes, and matters in question between the City and Consultant arising out of this Agreement, which are not resolved to the satisfaction of either of the parties after having been submitted to the Business Development Coordinator, will be decided by the City Manager upon his receipt of a demand for review. The demand for review shall be initiated by filing a written demand with the City Manager. The demand shall include the material previously filed with the Business Development Coordinator, the written opinion of the Consultant in response thereto, and a concise statement of the alleged errors in the decision of the Business Development Coordinator and the specific ground or grounds upon which the party contends he is entitled to relief. The decision of the City Manager shall be made within ten (10) calendar days of filing of the written demand. Failure to complete the review procedure specified herein shall be a complete bar to any legal action for any question which could have been submitted to the City for determination.
13. Suspension and Termination by City:
A. Suspension. City may, without cause, order Consultant in writing to suspend, delay or interrupt its performance in whole or part. An adjustment shall be made to the completion date and for any increase in the cost of performance resulting from the suspension, delay or interruption. No adjustment shall be made to the extent that performance is or would have been suspended, delayed or interrupted by another cause for which Consultant is responsible.
B. Termination for Cause. City may terminate this Agreement for cause if Consultant refuses or fails to supply enough properly skilled workers to perform this Agreement; fails to make required payments to subcontractors; fails to perform the work in a timely manner; disregards laws, ordinances, rules, regulations or orders of a public authority having jurisdiction; or otherwise commits a material breach of this Agreement. When any of the foregoing causes exists, City shall give Consultant written notice and a ten- day opportunity to cure the default. If the default remains uncured, City may (without prejudice to any other rights or remedies it may have) terminate this Agreement and finish the work or cause it to be finished. If the unpaid balance of the Agreement exceeds the cost of finishing the work (including any expenses incurred by City as a result of Consultant’s default), Consultant shall be entitled to payment for its performance up to the amount of such excess. If the cost of finishing the work exceeds the unpaid balance, Consultant shall pay the difference to City.
C. Termination for Convenience. City, by written notice to Consultant, may
terminate this Agreement in whole or part when in the sole discretion of City it is in City’s best interests to do so. Consultant shall be paid for all material, equipment and services provided, as well as reasonable termination expenses and a reasonable allowance for profit and overhead, provided that such payments, exclusive of termination expenses, shall not exceed the total amount payable pursuant to Section 6 less any payments previously made to Consultant. Consultant shall not be entitled to profit and overhead on material, equipment and services which were not provided.
D. Consultant’s Responsibilities. Upon receipt of a termination notice, Consultant shall (a) promptly discontinue all services (unless the notice directs otherwise), and (b) at City’s choice, deliver or otherwise make available to City all data, design calculations, drawings, specifications, reports, estimates, summaries, and other information and materials developed or accumulated by Consultant in performing this Agreement.
14. Termination by Consultant. Consultant may terminate this Agreement upon written notice to City if performance is made impossible for a period of 30 consecutive calendar days for any of the following reasons through no act or fault of Consultant or its agents, employees or subcontractors: issuance of an order by a court or other public authority having jurisdiction; an act of government, such as a declaration of national emergency; or a natural disaster or other Act of God. Consultant may also terminate this Agreement, upon written notice and a ten-day opportunity to cure, if the City fails to fulfill its obligations or to make any payment within the time set forth in Section 6. Consultant may also terminate this Agreement upon written notice if suspensions, delays or interruptions by City equal in the aggregate more than 100% of the total number of days scheduled for completion.
15. Governing Law. This Agreement shall be governed by the laws of the State of Arizona. Any suit arising out of this Agreement shall be brought in the state courts of Arizona (with venue in Navajo County), but only after the review procedure specified in Section 12. In the event that litigation arises regarding this agreement the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs.
16. Incorporation of Applicable Laws. Every provision of law required by statute or regulation to be in this Agreement will be read and enforced as though included herein. Each party shall promptly notify the other upon discovery that any such provision has been omitted.
17. Non-Collusion. The provisions of A.R.S. §38-511 are incorporated herein by this reference.
18. One-Year Limitation on Actions. No action shall be maintained by Consultant on any claim based upon or arising out of this Agreement unless such action is
commenced within one year after City’s final payment hereunder.
19. Entire Agreement. This Agreement and those documents incorporated by reference represent the entire understanding between the parties. No amendment shall be effective unless executed by both parties with the same formality as this Agreement. Provided, however, that the City’s Business Development Coordinator is authorized to modify the Scope of Work, in writing, with the concurrence of Consultant so long as the project is not changed substantially or significant additional compensation is not required.
20. Severability. The provisions of this Agreement are severable. Any provision held to be invalid or unenforceable shall not affect the validity or enforceability of any other provision.
21. Notices. All notices, invoices and payments shall be in writing and may be given by personal delivery or certified mail. The designated recipients are as follows:
To Consultant: Dev Pathik
Sports Facilities Advisory, LLC 600 Cleveland St. Suite 910
Clearwater, FL 33755
(727)474-3845 Fax: (727-462-2800
To City: Steve North
Business Development Coordinator City of Show Low
180 N. 9th Street Show Low, AZ 85901
(928) 532-4000 Fax: (928) 532-4009
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this Agreement as of the date first written above.
CITY OF SHOW LOW
ATTEST:
By John Leech, Jr., Mayor
_ Rachael Hall, City Clerk
Approved As to Form:
F. Morgan Brown, City Attorney
SPORTS FACILITIES ADVISORY, LLC
By Dev Pathik, Manager
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20 , by .
day of
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Notary Public
My Commission Expires:
Exhibit “A”
Consultant’s Project Approach and Scope of Work
In order to be the most effective partner to you and to support the most responsible use of your resources, SFA is proposing a two-phased approach to our Funding and Development Support Services
The initial phase of work will be a three-month engagement focused primarily on 13 initiatives:
1
Establishing Roles and Responsibilities for the Development Team
Identifying Additional Roles that Need to be
2 Filled on the Development Team in Order
to Increase the Chances of Success (e.g. a Financial Advisor)
3
Identifying Potential Sources of Funds and the Approach to Securing Funding
4
Assessing the Site and the Surrounding Areas to Identify
Development Opportunities
5
Supporting the Engagement of a Design Firm to Create a Floor Plan and Site Plan note: associated fees are separate
from SFA's fees
6
The
Selected Design Firm to Ensure the Preliminary Program Plan is Created
to Maximize Operational Efficiency and Optimize Operational Performance subject to timing related to the selection and
performance of the design firm, advising [through partner Sports Facilities Development (SFD)]
7
Updating the Financial and Economic Impact Forecast to Reflect the Design
SPORTS FACILITIES ADVISORY
Identifying Gaps in Expected Performance and/or Data Points that Need to be Addressed to Meet Expected Funding Requirements
8 9
Developing the Project Funding and Partnership Database
to Organize and Track Progress
Toward Funding
10
Creating a Project Pitch Deck to Make Initial Presentations Related to the
Vision, Mission, Assets, Cost,
Performance, Impact, and Outcomes of the Facility
11
Engaging with Early-Stage Partners, Potential
New Partners, Potential
Funding Sources, and Community Champions
to Generate Momentum for Funding and Development
12
Assessing the Likelihood of Funding the Project
13 Establishing the “Go Forward” Plan
Following the initial three-month engagement, if there are indicators that the project is likely to have the support and partners necessary to be funded and our teams mutually agree that SFA should continue to be involved, SFA will produce a proposal for a continued scope of work to see the project through funding and into development.
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THE DEVELOPMENT TEAM
In order to make this initiative as successful as possible, your team and any partners you assign to the Development Team will need to work directly with SFA.
Members of the Development Team will have the following responsibilities:
• To participate in weekly communication/calls to track progress, identify opportunities, and review/confirm/advance strategies.
• As the owner, represent the project in accordance with all mutually agreed upon strategies, messages, and timelines.
• Actively work to identify, coordinate, and participate in meetings with key stakeholders, potential partners, and potential funding sources.
• Provide insights related to key topics/initiatives to address within the community and with potential partners and funding sources.
• Review, approve, and support all strategic initiatives, partner selections, etc.
• Review, approve, and execute any letters of intent and agreements.
• Serve as the final decision maker for all matters related to the project.
SPORTS FACILITIES ADVISORY
SCOPE OF WORK
In order to achieve the 13 initiatives defined in the Project Approach, the following six steps will take place during the initial three-month engagement:
STEP 1: REMOTE KICK-OFF MEETING
The initial three-month engagement will begin with a remote kick-off meeting designed to develop a detailed three-month Project Plan and Timeline related to the areas of focus above. In the kick-off meeting, SFA will present
a draft Project Plan and Timeline for discussion. We will also facilitate additional conversation to begin organizing a Project Database and a Funding and Partnership Database. Finally, we will establish a day and time for weekly communication.
STEP 2: FORMALIZATION OF PROJECT PLAN & TIMELINE FOR INITIAL THREE-MONTH PERIOD
This step will take place during the first weekly meeting. During this time, SFA will present the final three-month Project Plan and Timeline to address each of the 13 items outlined in the Project Approach above, confirm receipt of all materials related to the Project Database
and a Funding and Partnership Database, facilitate discussion to identify questions from anyone on the Development Team, and introduce the information sharing process.
STEP 3: ACTIVATION OF PROJECT PLAN & TIMELINE FOR INITIAL THREE-MONTH PERIOD
Following the Project Plan and Timeline, the entire Development Team will work on accomplishing the initiatives established for the initial three-month engagement as outlined in the Project Approach. We will discuss workflow, questions, strategies, opportunities, and challenges on a weekly call, and continually track and communicate progress from all members of the Development Team.
SPORTS FACILITIES ADVISORY
STEP 4: MARKET VISIT WITH PRESENTATIONS
During the third month of the engagement, SFA will travel to market to present the project to early-stage partners, potential new partners, potential funding sources, and community champions. These meetings will be set up by
the appropriate member of the Development Team (typically the team member with the relationship) and will include
an SFA representative along with one or more additional members from the Development Team that are necessary to create and/or progress a strong relationship quickly.
SFA will use the Project Pitch Deck to facilitate these meetings. Prior to the market visit, the Project Pitch Deck will have been reviewed and approved by the Development Team to ensure alignment related to mission, vision, values, messaging, etc. SFA will customize the Project Pitch
Deck for each meeting as necessary (e.g. if presenting to a prospective medical sector partner, SFA will incorporate a sports and medical sector partnership section to provide rationale, structures, and examples from relevant projects and facilities).
STEP 5: “GO FORWARD” PLAN DEVELOPMENT
Based on the work completed, findings, and reactions from the initial three-month engagement, SFA will develop the Go Forward Plan to outline the key targets for next steps and future strategies and/or requirements to successfully fund and develop the facility.
STEP 6: INITIAL ENGAGEMENT RECAP & NEXT STEPS MEETING
At the end of the initial three-month engagement, SFA will facilitate a meeting to recap the work completed, findings, and reactions to date. SFA will present the Go Forward Plan, as well as a proposal with a scope of work and fees for continued engagement if recommended.
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FOX CITIES CHAMPIONS CENTER BO JACKSON'S ELITE SPORTS
Monthly Retainer for Funding Support Services: Months 1-3
$20,000 Per Month plus Reimbursable Travel Expenses
This fee covers advisory services, strategic planning, time spent introducing the project to potential partners, consulting related to strategic alliances, and facilitating market-based meetings with stake holders and others in line with the workflow and steps and tasks above.
Travel expenses encompass flights, hotel accommodations, ground transportation and associated fees (parking, tolls, etc.). Additionally, meals will be billed at $55 per consultant per day.