HomeMy WebLinkAboutResolution 2023-023 Approving and Authorizing the Mayor to execute an agreement between the Town of Marana and Par 5, LLC MARANA RESOLUTION NO. 2023-023
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND
PAR 5,LLC OUTLINING RESPONSIBILITIES AND EVENT COSTS FOR THE LIV GOLF
TOURNAMENT SCHEDULED FOR MARCH 17-19, 2023
WHEREAS Par 5, LLC is managing a LIV Golf Tournament at the Gallery Golf
Club on March 17-19, 2023 ("Tournament") on behalf of LIV Golf, Inc.; and
WHEREAS Par 5, LLC has submitted a special event permit for the Tournament
pursuant to Marana Town Code Chapter 10-6; and
WHEREAS the Town and Par 5, LLC seek to establish written guidelines regard-
ing responsibilities and event costs for the Tournament.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The agreement between the Town of Marana and Par 5, LLC, in the
form 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. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 7th day of March, 2023.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk - Fairall, Town Attorney
h66‘
Resolution No.2023-023
MARANA i 2
Exhibit A to Marana Resolution No. 2023-023
TOWN OF MARANA AGREEMENT FOR LIV GOLF 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 Par 5 Group, LLC,a Florida limited liability company, with its principal offic-
es at 777 South Flagler Drive, Suite 500E, West Palm Beach, Florida 33401 ("Par 5"). Marana
and Par 5 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. Par 5 is managing a LIV Golf Tournament at the Gallery Golf Club in Marana, AZ on
March 17-19,2023 on behalf of LW Golf, Inc. ("Tournament").
C. Par 5 has applied for a special event permit for the Tournament pursuant to Marana Town
Code Chapter 10-6.
D. The Parties desire to create a safe and secure environment for the Tournament, so that
players and visitors can participate and enjoy the event to the fullest extent possible.
E. The Parties desire to create an effective way to manage shared responsibilities and costs
associated with the Tournament.
F. Marana has an extra-duty police services program as set forth in the Town of Marana
comprehensive fee schedule.
G. Marana has provided Par 5 with a proposed price of$96,386.08 for costs related to extra-
duty Marana Police Department officers providing security for the Tournament. A true and
correct copy of Marana's proposal and fee breakdown is attached to and incorporated in this
agreement as Exhibit A.
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 Tournament:
00086493.DOC/9 - 1 -
Exhibit A to Marana Resolution No. 2023-023
a. Traffic control planning and monitoring, including plans preparation and emergency
preparedness planning. The Marana Police Department will have a unified command system
with Northwest Fire Department and the security group hired by Par 5.
b. Policing of and security for all of the following: 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 Inter-
state 10/Tangerine Road Interchange.
2. ParS's Responsibilities. Par 5 shall have primary responsibility for and shall pay all rea-
sonable and foreseeable costs associated with the following activities related to the Tournament:
a. Ordering, acquisition, and installation of temporary traffic control devices reasonably
required by the Marana-approved Traffic Control Plan for the Tournament; provided that Par
5 shall be permitted to review and have input on the Traffic Control Plan prior to final ap-
proval by Marana; however,Marana shall have final approval authority of the Traffic Control
Plan. All policing and security costs incurred in connection with player and visitor safety on
private roadways and private property, from and including the Gallery Golf Club entrance
and throughout the Tournament site.
b. Marana Police Department services for security as described in Exhibit A. Par 5 shall
pay all necessary costs associated with Marana Police Department officers providing security
for the Tournament. Officers providing security for the Tournament will be paid their regu-
lar rate of pay or overtime rate, depending if they are scheduled to work at the Tournament
on their scheduled work day or if they are working the event on their regularly scheduled day
off. The hourly pay rate shall include Employee Related Expenses (ERE). Marana and Par
5 agree that the Marana Police Department Services costs for the Tournament are anticipated
to be$96,386.08.
3. Cash Deposit to Secure Par 5's Obligations Under this Agreement. Par 5's obligations
under paragraph 2(b) of this Agreement shall be secured by a cash deposit to Marana in the
amount of$96,386.08, referred to in this Agreement as "Par 5's Cash Deposit." In order to
secure Marana Police Department Services for the Tournament according to this Agreement, Par
5's Cash Deposit shall be made no later than March 10. 2023.
4. Reconciliation and Final Payment. No later than 30 days after the last day of the Tourna-
ment, Marana shall provide Par 5 an itemized statement of Marana Police Department's security
expenses, as described in paragraph 2(b) above, and a check or invoice representing the differ-
ence between Marana's costs and Par 5's Cash Deposit. If Par 5's Cash Deposit was insuffi-
cient to cover Par 5's obligations under this Agreement, Par 5 shall pay Marana the balance of
the costs as set forth in the invoice within 30 days after the itemized statement and invoice are
provided to Par 5. Any amounts unpaid after 30 days shall accrue a simple interest rate of 10%
per year until paid in full.
5. Maximum Occupancy Loads to Comply with Building Codes. Par 5 is solely responsible
for posting occupant loads for each structure and ensuring that the occupant load for each struc-
00086493.DOC/9 -2 -
Exhibit A to Marana Resolution No. 2023-023
ture is not exceeded. Par 5 is responsible to ensure that the maximum capacity of occupant loads
for each structure is not exceeded. Par 5 is also required to have staffing at the entry to each
structure to keep a head count to ensure that the maximum capacity of persons is not exceeded.
6. Insurance. Par 5 shall provide one or more certificates of insurance evidencingCommer-
cial
General Liability insurance coverage of at least $1,000,000 per occurrence, $2,000,000
aggregate. The Commercial General Liability policy shall be endorsed to name the Town as an
additional insured, and Par 5 shall provide additional insured endorsement(s) evidencing this
endorsement. The additional insured endorsement form identification number shall also be in-
cluded within the description box on the certificate of insurance and the applicable policy num-
ber shall be included on the endorsement. All policies required pursuant to this paragraph shall
be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against the Town,
its agents, officers,officials, and employees for any claims arising out of Par 5's work or service.
Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all
other insurance documentation required under this paragraph. Par 5 shall provide the required
insurance documentation prior to participation in any scheduled event.
7. 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. Par 5 shall specifically comply with all terms and conditions of any
special event permit issued by Marana pursuant to Marana Town Code Chapter 10_
6.
8. 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 Manna,to: Town Manager
11555 -
W. Civic Center Drive Bldg A3
Marana.AZ 85653
If to Par 5,to: Par 5 Group,LLC
777 South Fla ler Drive, Suite
g500E,
West Palm Beach, Florida 33401
With a copy to: LIV Golf, Inc.
222 Lakeview Avenue
West Palm Beach, Florida 33401
9. 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.
10.No Waiver of Strict Performance. The failure of a Party to insist upon a strict perfor-
mance 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.
00086493.DOC/9 -3 -
Exhibit A to Marana Resolution No. 2023-023
11.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.
12. 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.
13. 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.
14. Further Acts. Each of the Parties to this Agreement shall promptly and expeditiously ex-
ecute 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.
15.Amendments. No change or addition is to be made to this Agreement except by a written
amendment executed by all of the Parties.
16. 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 disturb-
ances, weather conditions, natural disasters, acts of God, or other events beyond the reasonable
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.
17.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.
18. Construction of this Agreement. No failure of a Party to exercise any power given to
such Party hereunder, or to insist upon strict compliance by the other Party with its obligation
hereunder, and no custom or practice of the Parties at variance with the terms hereof shall consti-
tute a waiver of that Party's right to demand exact compliance with the terms hereof.
19. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Arizona.
20. 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.
21. 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 120 days following the Tournament.
00086493.DOC/9 -4-
Exhibit A to Marana Resolution No. 2023-023
IN WITNESS WHEREOF,the Parties have duly executed this instrument below.
"MARANA" "PAR 5"
TOWN OF MARANA PAR 5 GROUP,LLC
Ed Honea,Mayor Tim Flaherty Execive Director
Date: Date 02-/ Z'3-,2 o ZZ
ATTEST:
Town Clerk Date
APPROVED AS TO FORM:
Town Attorney Date
00086493.DOC/9 - 5 -