HomeMy WebLinkAboutResolution 2011-013 approving MOU for PGA tour MARANA RESOLUTION NO. 2011-13
RELATING TO ADMINISTRATION, APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
MARANA AND THE PGA TOUR, INC., FOR EVENT COSTS RELATING TO THE
WORLD GOLF CHAMPIONSHIPS ACCENTURE MATCH PLAY CHAMPIONSHIP
TOURNAMENT
WHEREAS, Marana has hosted the PGA TOUR World Golf Championships Accenture
Match Play Championship tournament since 2007; and
WHEREAS, the Accenture Match Play Championship tournament attracts tens of
thousands of visitors to Marana annually; and
WHEREAS, the Accenture Match Play Championship tournament is estimated to have a
significant positive economic impact on Marana and the surrounding region; and
WHEREAS, the Town and PGA TOUR, Inc., seek to establish written guidelines regarding
public safety, traffic control, general operations and event costs for the Accenture Match Play
Championship tournament.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. That the memorandum of understanding between the Town of Marana and
the PGA TOUR, Inc., attached to and incorporated by this reference in this resolution as
Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for
and on behalf of the Town of Marana.
SECTION 2. That the Town Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations
and objectives of the memorandum of understanding.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 s ' day of February, 2011.
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.'►�.F��` coORg Mayor td Honea
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ATTEST: �I ® ��'� APPROVED AS TO FORM:
J celyn ronson, Town Clerk r c Cas y, Town A,� mey
TOWN OF MARANA AGREEMENT FOR PGA TOUR EVENT COSTS
THIS AGREEMENT is entered into by and among the Town of Marana, an Arizona municipal
corporation, with its principal offices at 11555 West Civic Center Drive, Marana, Arizona 85653
( "Marana "), and the PGA TOUR, INC., a Maryland corporation, with its principal offices at 112
PGA TOUR Boulevard, Ponte Vedra Beach, Florida 32082 ( "TOUR ") acting on behalf of the
INTERNATIONAL FEDERATION of PGA TOURS (the "Federation "). Marana and the TOUR
are sometimes collectively referred to in this Agreement as the "Parties," either of which is
sometimes individually referred to as a "Party."
RECITALS
A. Marana is an Arizona municipal corporation.
B. TOUR has hosted the World Golf Championships - Accenture Match Play Championship,
a professional golf tournament, in Marana (the "Accenture Tournament ") since 2007.
C. The Accenture Tournament is an important economic development activity for Marana
and the surrounding region, and Marana desires to take all reasonably available and prudent
actions to retain the Accenture Tournament in Marana for the foreseeable future.
D. The Parties desire to create a safe and secure environment for the Accenture Tournament,
so that players and visitors can participate and enjoy the event to the fullest extent possible.
E. Certain costs incurred by the Parties incidental to the Accenture Tournament have been al-
located among the Parties based on an informal agreement for past years' Accenture Tourna-
ment.
F. The Parties desire to create an efficient and effective way to manage shared responsibili-
ties and costs associated with the Accenture Tournament to be held in 2011 and future years that
the tournament is held in Marana.
AGREEMENT
Now, THEREFORE, based on the foregoing recitals, which are incorporated here as the inten-
tions of the Parties in entering into this Agreement, and in consideration of the terms of this
Agreement, the Parties hereby agree as follows:
1. Marana's Responsibilities. Marana shall have primary responsibility for and shall pay all
costs associated with the following activities related to the Accenture Tournament:
a. Traffic control planning and monitoring, including plans preparation and emergency
preparedness planning.
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b. Policing of and security for all of the following:
i. All public roadways and intersections up to and including the Dove Mountain
Boulevard roundabout outside the Ritz Carlton Dove Mountain main entrance, including
without limitation all Tangerine Road access points to Dove Mountain, the Thornydale
Road /Tangerine Road intersection, and the Interstate 10 /Tangerine Road Interchange, ex-
cept the "Dos Lagos" security checkpoint located approximately at the intersection of
Dove Mountain Boulevard and Silent Sky Place /Sonoran Links Lane.
ii. The General Parking Lot, the location of which shall be mutually agreed upon in
writing by the Parties at least one hundred twenty (120) days prior to the Accenture Tour-
nament in each year commencing with the 2012 Accenture Tournament. In the absence of
such mutual agreement, the General Parking Lot shall be in the same location as the pre-
vious year.
2. TOUR's Responsibilities. The TOUR shall have primary responsibility for and shall pay
all costs associated with the following activities related to the Accenture Tournament:
a. Ordering, acquisition, and installation of temporary traffic control devices reasonably
required by the Marana- approved Traffic Control Plan for the Accenture Tournament; pro-
vided that TOUR shall be permitted to review and have input on the Traffic Control Plan
prior to final approval by Marana; however, Marana shall have final approval authority of the
Traffic Control Plan. TOUR represents and Marana acknowledges that net proceeds from the
Accenture Tournament benefit charity impacting Marana and the surrounding regions. Ma-
rana therefore agrees to use commercially reasonable efforts to minimize the cost of required
traffic control devices, such as using, when possible, TOUR - provided or - available de-
vices /equipment.
b. All policing and security costs incurred in connection with player and visitor safety on
private roadways and private property, from and including the Ritz Carlton Dove Mountain
entrance and throughout the Accenture Tournament site.
3. Accounting and Invoicing. Not later than 120 days after the conclusion of each year's Ac-
centure Tournament, Marana shall submit to the TOUR an itemized bill for services provided by
Marana that are the responsibility of the TOUR under paragraph 2 of this Agreement, including
without limitation the following:
a. Reimbursement for the cost of police officers utilized in the private roadways and pri-
vate property from and including the Ritz Carlton Dove Mountain entrance and throughout
the Accenture Tournament site, based on standard rates of pay (inclusive of all associated in-
direct Marana personnel costs), which are currently as follows (subject to change from time
to time):
i. Town of Marana and all other agencies, except Pima County, Lieutenants: $45 per
hour.
ii. Town of Marana and all other agencies, except Pima County, Sergeants: $40 per
hour.
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iii. Town of Marana and all other agencies, except Pima County, Officers: $35 per
hour.
iv. Pima County Lieutenants: $52 per hour.
v. Pima County Sergeants: $45 per hour
vi. Pima County Officers: $40 per hour.
b. Reimbursement for the cost of police vehicle usage, except those belonging to Marana,
at the rates established by the vehicles' respective agencies.
c. Reimbursement for other direct Marana - incurred costs, at Marana's actual costs, pro-
vided TOUR is notified of and approves such costs in writing in advance.
4. Payment by the TOUR. Within sixty days after the TOUR receives Marana's itemized bill
(see paragraph 3 above), the TOUR shall pay all undisputed amounts and shall provide written
objection to any itemized cost the TOUR believes does not fall within its responsibilities under
paragraph 2 of this Agreement.
5. Regulatory Compliance and Approvals. Each party shall at its own expense comply with
all applicable Federal, State and local laws, rules, and regulations in connection with its obliga-
tions under this Agreement.
6. Appointment of Representatives. To further the commitment of the Parties to cooperate in
the progress of the Accenture Tournament, Marana and the TOUR each shall designate and
appoint a representative to act as a liaison between Marana and its various departments and the
TOUR. The initial representative for Marana shall be the Marana Town Manager, and the initial
representative for the TOUR shall be the TOUR's Executive Director or a replacement to be
selected by the TOUR. The representatives shall be available at all reasonable times to discuss
and review the performance of the Parties to this Agreement and their responsibilities in connec-
tion with the Accenture Tournament.
7. Notices. All notices, requests, demands, and other communications under this Agreement
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested; to the following addresses:
If to Marana, to: Town Manager
11555 W. Civic Center Drive - Bldg A3
Marana, AZ 85653
If to the TOUR, to: PGA TOUR, INC.
c/o Wade Dunagan
103 Championship Way
Ponte Vedra Beach, FL 32082
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With a copy to: PGA TOUR, INC.
Attn: General Counsel
100 PGA TOUR Blvd
Ponte Vedra Beach, FL 32082
8. Entire Agreement. This Agreement constitutes the entire agreement and understanding of
the Parties pertaining to the subject matter of the Agreement and supersedes all offers, negotia-
tions, and other agreements of any kind. All prior and contemporaneous agreements, representa-
tions and understandings of the Parties, oral or written, are superseded and merged in this
Agreement.
9. No Waiver of Strict Performance. The failure of a party to insist upon a strict performance
of any of the agreements, terms, covenants and conditions of this Agreement shall not be deemed
a waiver of any rights or remedies that party may have and shall not be deemed a waiver of any
subsequent breach or default in any of such agreements, terms, covenants and conditions.
10. Authority to Execute Agreement. The individuals executing this Agreement hereby rep-
resent that they have full right, power, and authority to execute this Agreement on behalf of their
respective Parties.
11. Non- Severability. The provisions of this Agreement shall not be given effect individually,
and to this end, the provisions of this Agreement are not severable.
12. Headings. The descriptive headings of the sections of this Agreement are inserted for
convenience only and shall not control or affect the meaning or construction of any of the
Agreement's provisions.
13. Further Acts. Each of the Parties to this Agreement shall promptly and expeditiously
execute and deliver all such documents and perform all such acts as reasonably necessary, from
time to time, to carry out the matters contemplated by this Agreement.
14. Amendments. No change or addition is to be made to this Agreement except by a written
amendment executed by all of the Parties.
15. Force Majeure. Notwithstanding any other term, condition or provision of this Agree-
ment to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any
duty or obligation imposed upon it due to labor strikes, material shortages, war, civil distur-
bances, weather conditions, natural disasters, acts of God, or other events beyond the control of
such Party, the time period provided herein for the performance by such Party of such duty or
obligation shall be extended for a period equal to the delay occasioned by such events.
16. Attorneys' Fees. In the event either Party hereto shall commence any civil action against
the other to enforce or terminate this Agreement or to recover damages for the breach of any of
the provisions, covenants or terms of this Agreement on the part of the other Party, the prevailing
Party in such civil action shall be entitled to recover from the other Party, in addition to any
relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attor-
neys' fees incurred in connection therewith.
17. Construction of this Agreement. No failure of Owner to exercise any power given Owner
hereunder, or to insist upon strict compliance by Marana with its obligation hereunder, and no
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custom or practice of the Parties at variance with the terms hereof shall constitute a waiver of
Owner's right to demand exact compliance with the terms hereof.
18. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Arizona.
19. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument. The
signature pages from one or more counterparts may be removed from such counterparts and
attached to a single instrument so that the signatures of all Parties may be physically attached to
a single document.
20. Effective Date and Duration. This Agreement is effective when it has been executed on
behalf of all the Parties and shall remain in effect for as long as the Accenture Tournament con-
tinues each successive year to be held in Marana and the cost of police officers is commercially
competitive. At least one hundred twenty (120) days prior to the Accenture Tournament in each
year commencing with the 2012 Accenture Tournament, Marana shall provide written notice to
TOUR of the cost of police officers for such year (detailed as currently shown in Section 3(a)),
and TOUR shall have thirty (30) days to respond in writing with acceptance of such rates or, if
the rates are not commercially competitive, termination of this Agreement.
21. Termination. Either Party may terminate its participation in this Agreement for any rea-
son upon written notice to the other Party at least one hundred twenty (120) days prior to the date
of the Accenture Tournament to which the termination shall apply.
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
"MARANA" "TOUR"
TOWN OF MARANA PGA TOUR, INC.
Ed Honea, Mayor Leonard D. Brown, Jr.
Date: , –/— // Senior Vice President, General Counsel
Date
ATTEST:
APPROVED
/ chief Flnancial Of ff
own erk Date General Counw
APPROVED AS TO FORM:
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