HomeMy WebLinkAboutResolution 98-024 agreement with sportspark for family fun dayMARANA RESOLUTION NO. 98-24
A RES OLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO AN AGREEMENT BY AND
BETWEEN THE TOWN OF MARANA AND SPORTSPARKS OF AMERICA, INC., DBA
SPORTSPARK SOFTBALL COMPLEX TO HOLD A FOURTH OF JULY FAMILY DAY AND
FIREWORKS SHOW AT THE SPORTSPARK COMPLEX LOCATED AT I-10 AND INA ROAD
IN MARANA, ARIZONA.
WHEREAS, the Town of Marana previously has entered into annual agreements with
Sportsparks of America, Inc. dba Sportspark Softball Complex to hold a Fourth of July family day
and fireworks show; and
WHEREAS, the Town of Marana intends to contribute $20,000 towards the fireworks and
Sportspark of America, Inc., dba Sportspark Softball Complex will host the family fun day and
fireworks show at the Sportspark Complex located at 1-10 and Ina Road; and
WHEREAS, it has been determined by the Mayor and Council of the Town of Marana, that
it is in the best interests of the citizens of the Town of Marana that the Agreement between the Town
of Marana and Sportsparks of America, Inc.. dba Sportspark Softball Complex should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Agreement between the Town of Marana and Sportsparks of America,
Inc.. dba Sportspark Softball Complex, attached hereto as Exhibit A for the purpose of holding a
Fourth of July family fun day and fireworks show is approved and the Town Manager is authorized
to execute the Agreement on behalf of the Town.
PASSED ANT) ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
3rd day of March, 1998.
ORA MAE HA~, M~r
To
Town Attorney
Marana, Arizona Resolution No 98-24 Page 1 of 1
AGREEMENT FOR
TOWN OF MARANA FAMILY DAY
AND FIREWORKS snow
This Agreement is made and entered into this .~ day oft'"/~/~/L~, 1998, by and
between the TOkk~N OF MAPOaNA, a municipal corporation, (hereinafter referred to as "Town"),
and SPORTSPARKS OF AMERICA, INC. dba Sportspark Softball Complex, an Arizona
Corporation, (hereinafter referred to as "Sponspark').
WITNES'SETH:
WHEREAS, Sponspark is the owner ora sports and recreation facility located within the
boundaries of Town, and desires to hold a 4th of July fireworks show and family day, and desires
that Town sponsor the activity; and
WHEREAS, Town desires to enter into such an agreement, and in fact, on December 2,
1997, voted to enter into an agreement to sponsor and cooperate in this family day and fireworks
show; and
WHEREAS, Sportspark and Town agree that it is in both parties' interest to provide an event
where a family can enjoy an aftbrdable day in celebration; and
WHEREAS, Sportspark and Town desire to set forth certain agreements relating to the
family day and fireworks show.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is acknowledged, the parties agree as hereinafter set forth.
1 OBLIGATIONS of Sportspark:
l.l Sportspark shall undertake to prepare for and conduct the Town of Marana Family
Day and Fireworks Show (hereinafter referred to as "Event"). Sportspark agrees that
Event shall consist of at least the following:
1.1.1 A fireworks show, consisting of a show prepared by and presented by a
professional fireworks company. The cost of the fireworks show shall be at
least twenty thousand ($20,000.00) dollars.
1.1.2 Old fashioned picnic enhancements, such as stagecoacb rides, clowns,
jumping castle, dunk tank, line dance instruction, gyro, Tuffy the Toro,
carnival games, kiddie train, sno-cone and cotton candy machine, music van,
show tent, skydivers, etc. Prices for such attractions shall remain affordable.
Agrcement-Sportspark/Marana Page 1 of 6
1.2
1.3
1.1.3 Old fashioned picnic games, such as balloon toss, sack races, bingo, tug of
war, spoon & egg relays, etc.
1.I.4 Food and beverages shall be available, with choices such as hot dogs,
hamburgers, chicken, and will include Sportspark's normal variety and will
be priced at their usual prices.
1.1.5 Traffic control, parking, security, and other such provisions, sufficient to
handle the anticipated traffic, parking and crowds. Sportspark agrees to work
with local law enforcement to provide safe and convenient access.
1.1.6 Promotion and advertising, including radio, television, and print advertising.
All advertising, promotion and other materials refen4ng to Event shall refer
to it as "The Town o fMarana Family Day and Fireworks Show", and Marana
shall be listed as the first sponsor on all promotional materials, followed by
the other sponsors.
I. 1.7 Marana shall be included in all signage opportunities as feasible, to include
opportunity to participate in signage on existing tower.
I. 1.8 Sportspark shall provide a tent or suitable shaded area no less than 30 feet by
30 feet in size to serve as a VIP hospitality site (tent). Such site shall be
placed in a visible and accessible location on the grounds in a mutually
agreeable location. Sportspark shall provide necessary tables and chairs.
Town shall provide decorating, podiums and any required public address
facilities for the "site". Town shall also be allowed to supply cake or other
refreshments in the tent area that will be agreeable to Sportspark and not in
conflict with concessions.
Sportspark shall charge an admission price of $7.00 per car.
Sportspark, its officers, departments, employees and agents agree to indemnify,
defend and hold harmless Town, its officers, departments, employees and agents
from, for and against any and all suits, actions, legal or administrative, proceedings,
claims, demands, or damages of any kind or nature, now or in the future relating to
this Agreement, Event or the fireworks show. This indemnification is intended to
include damage to life or limb of any person, damage to land, buildings, or other real
or personal property, or any otl~er damage as hereinabove described. In addition to
Agreement-Spor~spark/Marana Page 2 of 6
providing payment of any damages, Sportspark agrees to provide the full costs of
defense and all other associated costs and fees associated with the claim or suit.
1.4 Sportspark agrees that it shallprovide to Town proof of insurance providing coverage
for loss, defense costs, and other related costs in Event of damages as discussed
above. Said insurance shall have policy limits which shall not be less than two
million ($2,000,000.00) dollars. Sportspark shall provide Town with proof of said
insurance, and shall make Town a named insured on the policy for the purposes of
Event. Sportspark shall provide Town with a certificate of insurance evidencing the
policy described herein, and shall include a clause to the effect that the policy shall
not be canceled or coverage reduced, restricted or limited until thirty (30) days after
Town has received written notice, by certified mail, of the proposed action.
1.5 Sportspark agrees to solicit additional sponsors in good faith for the financial and
technical assistance to produce the Event. In the event more than $15,000 in cash
sponsorships is raised, the amount in excess of $15,000 shall be reimbursed to the
Town of Marana to offset the cost of the fireworks.
2 OBLIGATIONS OF TOWN:
2.1 Town shall pay to Sportspark, within ten (10) days of execution of this Agreement,
the sum of twenty thousand ($20,000.00) dollars, which will be spent by Sportspark
directly on the fireworks.
2.2 Town shall cooperate in any reasonable manner in the promotion and success of
Event, although any such support and cooperation shall be at the discretion of the
Town Manager, and shall not include any monetary payment other than the payment
provided for herein.
3 DEFAULT; ENFORCEMENT:
3.1 Any violation of this Agreement by Sportspark or any other entity contracting with
Sportspark shall be treated as a violation of this Agreement, to which Town shall be
entitled to any remedy provided at law, but at least full reimbursement of any and all
sums paid to Sportspark by Town.
3.2 In Event of a violation of this Agreement, Town will notify Sportspark of the
violation and permit Sportspark to remedy the violation within ten (10) days.
3.3 Nothing in this Agreement shall be interpreted as limiting Town's fights under any
other federal, state or local law.
Agrecnlcnt-Sportspark/Marana Page 3 of 6
3.4 In the event that Event or the fireworks show does not take place, due to strike, legal
proceedings or procedures, or for any reason other than weather, Sportspark shall
reimburse to Town all sums paid by Town. Such reimbursement shall be made
within ninety (90) days from the date of Event. For the purposes of this paragraph,
the fireworks show shalI be deemed to have not taken place if(i) the fireworks show
is not a show prepared and presented by a professional fireworks company costing
at least twenty thousand ($20,000) dollars, or (ii) the fireworks show does not begin
on the 4th of July, or is not at least fifty (50%) percent performed on the 4th of July.
3.5 Town shall have the right to have staff in the staging area to verify performance of
fireworks provider.
3.6 In the event that Event or the fireworks portion of the Event does not occur because
of weather, Town and Sportspark shall, in good faith, determine whether to proceed
with the event on an alternate date subsequent to the scheduled date.
3.6.1 In the event that the fireworks portion of the Event does not occur,
Sportspark shall reimburse Town all monies advanced to Sportspark by
Town, excluding direct costs associated with the fireworks portion of the
Event that have been incurred by Sportspark to date as agreed between the
parties.
4 GENERAL PROVISIONS:
4.1 This Agreement shall be effective upon the date it is signed by all parties hereto.
4.2 Each party warrants and represents that it has sufficient funds within its respective
budget to discharge the obligations and duties assumed under this Agreement.
4.3 This Agreement shall be binding on Town, Sportspark, and any other entity with
whom Sportspark contracts for services to be rendered or products to be sold at the
Event.
4.4 Both parties hereto agree to comply with all applicable federal and state equal
employment laws and respective codes relating to equal employment, the United
States Immigration Reform and Control Act of 1986, State of Arizona Executive
Order No. 75-5, and the Americans With Disabilities Act.
4.5 Pursuant to A.R.S. §38-511, the state, its political subdivisions or any department of
either may, within three years after its execution, cancel any contract, without penalty
or further obligation, made by the state or its political subdivisions, if any person
Ag~eement-Sportspark/Marana Page 4 of 6
significantly involved in initiating, negotiating, securing, drafting or creating the
contract on behalf of the state or its political subdivisions, is an employee or agent
of any other party to the contract in any capacity or a consultant to any other party
to the contract with respect to the subject matter of the contract.
4.6 This Agreement incorporates the entire agreement of the parties and nothing implied
or inferred shall be a part of this Agreement unless it is specifically incorporated by
written amendment to this Agreement.
4.7 Any and all notices, requests or demands given or made upon the parties hereto,
pursuant to or in connection with this Agreement, unless otherwise noted, shall be
delivered in person or sent by United States Mail, postage prepaid, to the parties at
their usual place of business.
4.8 The terms and conditions of this Agreement are separate and severable and if one
portion of this Agreement is or becomes unenforceable as a matter of law, the
validity of the remaining portions shall not be affected.
4.9 Time is of the essence in this Agreement and each and every provision of this
Agreement.
4.10 This A~eement shall be governed by Arizona law and venue shall be proper in Pima
County, Arizona.
4. I 1 This Agreement has been negotiated by the parties and shall not be interpreted
against the party preparing the Agreement. The parties specifically waive any
provision of the law favoring one party over another based upon preparation of the
Agreement. The paragraph titles are included for convenience purposes only and are
not to be construed as part of the terms of this Agreement.
4.12 The parties affixing their names to this Agreement hereby warrant and certify that
they have the authority to bind the entities for which they sign, and that the entity has
agreed to enter into this Agreement and be bound by the terms herein.
Agreemcnt-Sportspark/Marana Page 5 of 6
IN WITNESS WHEREOF, the parties execute this Agreement on the date hereinabove
stated.
ARANA
l-f6rvle Davis, Town Manager
STATE OF ARIZONA )
) SS.
County of Pima )
The foregoing instrument was acknowledged before me this -g// day of/V'~ ,
1998, by Hurvie Davis, the Town Manager of the Town of Marana, Arizona, a municipal
corporation, on behalf of said Town.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public~'
My commission expires:
! ~'. ~-&\ ~IANE MANGIALARDI
~ ~ Notary Public
~'~: ' J~,~/My Commission Expires I
'~:':~'~ March 17, 2000
Agreement-Sportspark/Marana Page 6 of 6
SPORTSP ARKS OF AMERICA, INC.
by:
STATE OF ARIZONA )
) ss.
County of Pima )
The foregoing instrument was acknowledged before me this S day of ~ ,
1998, by bou G rn t(o,/ ' the VICe PRes I DeAl, of SPORTS PARK
OF AMERICA, INC.., an Arizona corporation, on behalf of said corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~
Notary Public
My commission expires:
.~ OFFICIAL SEAL
DIANE MANGIALARDI
- Notary Public
Pima County, Arizona
".' My Commission Expires
"c' ; ',,-,;' , March 17, 2000
,.,...........,..-,..,,-"i-,.-.,.,.."".____
Agreement-SportsparklMarana
Page 7 of6