HomeMy WebLinkAbout2021-2022 Agreement City of Oshkosh and Fox Valley Pro Basketball1
AGREEMENT
CITY OF OSHKOSH AND FOX VALLEY PRO BASKETBALL, INC.
POLICE AND PARAMEDIC/AMBULANCE STAND-BY
2021-22 FOX VALLEY PRO BASKETBALL SEASON
THIS AGREEMENT made and entered into this 1st day of November, 2021 by and
between Fox Valley Pro Basketball, Inc., hereinafter called “FVPB”, and the City of Oshkosh,
a municipal corporation (the “CITY”).
WHEREAS, FVPB has requested the CITY provide dedicated police services and
paramedic ambulance for stand-by, during specified hours for 2021-22 Wisconsin Herd
Basketball Games at the Menominee Nation Arena, 1212 S. Main St., Oshkosh, WI (the
“Arena”); and
WHEREAS, the Common Council for the City of Oshkosh has authorized the
appropriate City officials to enter into an agreement for the services requested.
NOW, THEREFORE, it is agreed by and between the parties to this agreement as
follows:
I. Game Schedule. The 2021-22 Wisconsin Herd Basketball Home Game
Schedule (the “Home Games”) forming the basis for this Agreement shall
include the following dates:
2021-22
Date Game Time
11-08 7 pm
11-19 7 pm
11-21 5:30 pm
11-29 7 pm
12-1 7 pm
12-12 12 pm
12-27 7 pm
01-05 7 pm
01-19 11:30 am
01-20 7 pm
01-23 2:30 pm
01-26 7 pm
01-29 7 pm
02-06 2:30 pm
02-15 7 pm
02-23 7 pm
02-24 7 pm
02-26 7 pm
03-04 7 pm
03-05 7 pm
03-13 2:30 pm
03-23 7 pm
03-25 7 pm
03-27 2:30 pm
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Any changes in these dates shall be communicated to the CITY as soon as
possible and in no event less than twenty-four (24) hours in advance of
cancelled/added dates. Any changes communicated less than twenty-four (24)
hours in advance may result in charges under paragraphs II and III below. For
the purposes of this paragraph, the City hereby authorizes the Chiefs of the
Fire and Police Departments to agree to alterations of the schedule above, in
their sole discretion based upon their judgment of the staffing capabilities of
their departments. Any changes in the schedule shall be confirmed by written
correspondence between a representative of FVPB and the Chiefs of the Fire
and Police Departments or their authorized designees.
II. Paramedic / Ambulance Services. The CITY shall provide one paramedic unit
consisting of: (1) two-person paramedic ambulance with medical transport
capabilities to be present at the Menominee Nation Arena for Home Games as
specified in Section I of this Agreement.
The role of this unit shall be to provide Basic Life Support (BLS) and Advance
Life Support (ALS) for emergencies, if they occur. Minor first aid and re-
hydration will not be a primary function of this unit. Emergencies requiring a
response beyond the capabilities of the unit on scene or emergencies occurring
while the on-scene unit is busy on any emergency will be handled by a
response of on-duty resources.
FVPB shall pay as cost reimbursement the actual cost associated with
providing personnel, vehicles, equipment and other supplies as provided in the
annual resolution for special events costs passed by the Oshkosh Common
Council. A copy of the 2021 resolution is attached hereto. A copy of the 2022
resolution shall be provided upon passage. The paramedic unit will arrive 60
minutes prior to the start time for the scheduled Home Game and shall leave
after receiving notice that the last player has departed from the Arena. Notice
shall be provided by personnel for the Wisconsin Herd or, in their absence,
FVPB’s General Manager or Director of Operations. Billed time will include 30
minutes prior to the time specified for arrival of the unit at the Arena venue and
end 30 minutes after the departure of the unit from the venue to allow for
preparation for, travel to and from the venue, cleaning and/or restocking of the
unit, and administrative or other related matters. Any additional hours
requested or required to provide adequate service, in the sole opinion of the
Duty Chief for the City of Oshkosh, shall be billed to FVPB at the same hourly
rate. If in the opinion of the Duty Chief for the City of Oshkosh additional hours
are required to provide adequate service, the need for additional hours shall be
communicated to FVPB as soon as reasonably practicable.
A three hour minimum may be charged if the Home Game is not cancelled at
least twenty-four (24) hours prior to the scheduled start time. Pre-event
cancellation shall be made by calling 920-236-5240 during normal business
hours (M-F, 8-4:30) or 920-236-5271 outside of normal business hours.
All patients requiring transport by the Oshkosh Fire Department ambulance will
be billed for services rendered according to the CITY’s usual and customary
procedures and rates for service.
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III. Police Services
The CITY shall provide police services consisting of two officers to be present
in the Arena and traffic direction and enforcement as necessary during Home
Games as specified in Section I of this Agreement.
FVPB shall pay as cost reimbursement the actual cost associated with
providing personnel, vehicles, equipment and other supplies as provided in the
annual resolution for special events costs passed by the Oshkosh Common
Council. A copy of the 2021 resolution is attached hereto. A copy of the 2022
resolution shall be provided upon passage. Billed time will include 15 minutes
prior to the time specified for arrival of the unit at the Arena venue and end 15
minutes after the departure of the unit from the venue to allow for preparation
for, travel to and from the venue, and administrative or other related matters.
The officers shall arrive 60 minutes prior to the start time for the scheduled
Home Game and shall leave after the public have vacated and the visiting team
bus has departed from the Arena (approximately 30 minutes after the
conclusion of game). Any additional hours or additional officers requested by
FVPB or required in the opinion of the Police Chief (or designee) to provide
adequate service shall be billed to FVPB at the same cost recovery rate. If in
the opinion of the Police Chief (or designee) additional hours or officers are
required to provide adequate service, the need for additional hours or officers
shall be communicated to FVPB as soon as reasonably practicable.
A one hour minimum per scheduled person may be charged if the Home Game
is not cancelled at least twenty-four (24) hours prior to the scheduled start time.
Pre-event cancellation shall be made by contacting Police Sergeant Chris
Gorte or if Sergeant Gorte is not immediately available by calling 920-236-5700
and speaking with the Shift Commander.
IV. Invoice
The CITY shall monthly invoice FVPB at 1212 S. Main St., Oshkosh WI 54902,
with payment to be made within 30 days of the date of invoice. Upon request
by FVPB, the CITY’s Special Events Coordinator shall provide a Billing
Request form for the monthly invoice. Any amount not timely paid and not
disputed by FVPB may be deducted from the deposit amount. Application of
the deposit amount shall not cure the default related to any untimely payment
of invoiced amounts. The deposit amount shall be applied to the final month’s
bill prior to invoice. Should the deposit exceed the final month’s bill, the City
shall promptly refund any excess.
V. Indemnification.
FVPB shall indemnify and save harmless the CITY from and against any and
all losses, claims, demands, penalties, fines, causes of action, costs, damages,
expenses and liability, including without limitation any attorney or consultant
fees, investigation fees, court costs and litigation expenses, and other costs of
defense arising out of or in any manner related to FVPB’s operation during the
Home Game, including but not limited to:
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A. Any personal injury or bodily injury (including wrongful death) or
property damage (real or personal);
B. Any lawsuit brought or threatened, settlement reached, or local, state,
or federal government or agency order, including, but not limited to
claims, costs, liabilities, or expenses arising under federal, state, or local
law;
C. Any violation of laws, orders, regulations, requirements, or demands of
any governmental authorities; and,
D. Any breach or violation of any contractual provision of whatever kind
with any third party.
This provision shall survive termination of the Agreement.
VI. Term and Termination
This Agreement shall commence on November 1, 2021 provided the deposit
called for in paragraph IV above is made on or before that date and shall
continue until payment of the final invoice unless terminated earlier by one or
both parties hereto. If the deposit is not made, this Agreement shall be null
and void.
FVPB may terminate this Agreement at any time by giving written notice to the
City no less than 5 business days prior to the termination date.
The City may terminate this Agreement by giving written notice to FVPB for
failure to pay invoices promptly when due or other breach of the agreement by
FVPB. Termination by the City shall be effective immediately or upon the date
specified in the termination notice.
Either party may suspend or terminate this Agreement to comply with judicial
order or in the event of fire, extreme weather, public emergency, or other
extraordinary causes beyond the party’s control. The City may also suspend or
terminate its performance under the Agreement in the event of extraordinary
circumstances under which the provision of services under this agreement
would result in the material impairment of the services necessary for the
protection of the community as a whole. Any party finding it necessary to
suspend or terminate the Agreement under the extraordinary circumstances
provided within this paragraph shall give written notice as soon as practicable
to the other party.
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VII. No Assignment.
This Agreement shall not be assigned by either party without the prior written
consent of the other party.
VIII. Notices.
All communications or notices required or permitted by this Agreement shall be
in writing and shall be deemed to have been given upon personal delivery to
the person entitled to such notice; upon the fifth business day following deposit
in the United States mail; upon the following date if deposited with a recognized
overnight commercial carrier; or upon the following date if transmitted by
facsimile or email delivery.
To the City: Oshkosh Fire Department
Attn: Chief Mike Stanley
PO Box 1130
Oshkosh, WI 54903-1130
mstanley@ci.oshkosh.wi.us
Oshkosh Police Department
Attn: Chief Dean Smith
PO Box 1130
Oshkosh, WI 54903-1130
dsmith@ci.oshkosh.wi.us
With Copy to City Attorney:
Oshkosh City Attorney
Attn: Lynn A. Lorenson
PO Box 1130
Oshkosh, WI 54903-1130
llorenson@ci.oshkosh.wi.us
To FVPB:
Fox Valley Pro Basketball
Attn: Jason Fields
1212 S. Main St.
Oshkosh, WI 54902
Email: jason@oshkosharena.com
With Copy to Attorney
Kerkman & Dunn
Attn: Evan P. Schmit
839 N. Jefferson St., Ste. 400
Milwaukee, WI 53202-3744
Email: eschmit@kerkmandunn.com
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IX. Standard Terms and Conditions.
This Agreement constitutes all of the agreements and understanding of
whatever nature and kind existing between the parties with respect to the
subject matter hereof.
This Agreement is the product of negotiation between the parties and no term
or provision herein or the failure to include a term or provisions shall be
construed against any party solely on the basis that one party or the other has
drafted the term, provision or agreement.
Failure of any party to insist on the strict performance of terms and provisions
of the Agreement shall not constitute or be construed as a waiver or
relinquishment of that party’s right to thereafter enforce such term or provision.
The election to enforce or not enforce, as well as the timing of enforcement,
shall be at each party’s sole discretion and shall not act as a waiver of any
rights to exercise any right relating to this agreement in the future.
The determination by a court of competent jurisdiction that any term of this
Agreement is invalid, illegal, or unenforceable shall not invalidate the
remainder of the Agreement.
This Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Wisconsin.
Neither party shall be liable to the other for breach of contract damages in an
amount in excess of the total fee to be paid for services under this Agreement.
Signature page to follow
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OSHKOSH FVPB
By:____________________________________
Jason Fields, General Manager
CITY OF OSHKOSH
By:____________________________________
Mark A. Rohloff, City Manager
And:________________________________
Pamela R. Ubrig, City Clerk
And:
Michael G. Stanley, Fire Chief
And:
Dean Smith, Police Chief
Approved as to Form:
________________________________
Lynn A. Lorenson, City Attorney
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