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HomeMy WebLinkAboutHerd final signed copy of agreement 11-22-2024AGREEMENT CITY OF OSHKOSH AND FOX VALLEY PRO BASKETBALL, INC. POLICE AND PARAMEDIC/AMBULANCE STAND-BY 2024-25 FOX VALLEY PRO BASKETBALL SEASON THIS AGREEMENT made and entered into this day of November, 2024 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 2024-2025 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 2024-2025 Wisconsin Herd Basketball Home Game Schedule (the "Home Games) forming the basis for this Agreement shall include the following dates: 2024-2025 Date Game Time 11-15 7:00 pm 11-16 6:30 pm 11-19 6:00 prn 11-29 7:00 prn 11-30 7:00 . m 12-11 6:00 m 12-16 6:00 pm 01-12 12:30 pm 01-23 11:30 pm 01-25 7:00 prn 01-26 5:00 " m 01-29 6:00 pm 01-31 7:00 ` m 02-01 7:00 prn 02-20 6:00 ` m 02-22 7:00 ` rn 02-25 6:00 prn 02-28 7:00 prn 03-01 7:00 prn 03-14 7:00 m 03-18 6:00 'pm 03-20 6:00 ` m 03-28 7:00 prn 03-29 7:00 , m 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. 11. 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 2024 resolution is attached hereto. A copy of the 2025 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 920-379-3515 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. N LII. 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 2024 resolution is attached hereto. A copy of the 2025 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 Gogo or if Sergeant Gogo 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. 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: 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 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 parry'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. 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 4 To FVPB Oshkosh, WI 54903-1130 mstanley(c�oshkoshwi.gov Oshkosh Police Department Attn: Chief Dean Smith PO Box 1130 Oshkosh, WI 54903-1130 dsmithCr ,oshkoshwi.gov With Copy to City Attorney: Oshkosh City Attorney Attn: Lynn A. Lorenson PO Box 1130 Oshkosh, WI 54903-1130 Ilorensonoshkoshwi.gov Fox Valley Pro Basketball Attn: Andy Linton, Executive Director VenuWorks of Oshkosh 1212 S.. Main St. Oshkosh, WI 54902 Phone: 206-597-0592 Email: alinton(&venuworks.com With Copy to Attorney: Swanson Sweet LLP Attn: Paul Swanson 107 Church St. Oshkosh, WI 54901-4742 Email: pswanson( swansonsweet.com 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. 5 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 0 (Witness) (Witness) App ved as to For Lynn . EorensonLfty Attorney OSHKOSH FVPB By: Paul Swanson, Receiver And: �� Diane B e , Cit rH And: Michaelfa:Tqtapley, Fire And: 7 Chief