HomeMy WebLinkAboutAgreement for Herd Games 2025-2026
1
AGREEMENT
CITY OF OSHKOSH AND VENUWORKS OF OSHKOSH, LLC
POLICE AND PARAMEDIC/AMBULANCE STAND-BY
2025-2026 WISCONSIN HERD SEASON
THIS AGREEMENT made and entered into this 2nd day of October, 2025 by and between
VenuWorks of Oshkosh, LLC, hereinafter called “VenuWorks”, and the City of Oshkosh, a
municipal corporation (the “CITY”).
WHEREAS, VENUWORKS has requested the CITY provide dedicated police services and
paramedic ambulance for stand-by, during specified hours for 2025-2026 Wisconsin Herd
Basketball Games at the Oshkosh 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 2025-2026 Wisconsin Herd Basketball Home Game
Schedule (the “Home Games”) forming the basis for this Agreement shall include
the following dates:
2025-2026
Date Game Time
11-11 6:00 PM
11-19 6:00 PM
11-21 7:00 PM
11-22 7:00 PM
12-13 12:00 PM
12-14 12:00 PM
12-16 6:00 PM
01-05 6:00 PM
01-14 6:00 PM
01-16 7:00 PM
01-17 7:00 PM
01-19 6:00 PM
01-22 11:30 AM
01-24 7:00 PM
02-09 6:00 PM
02-10 6:00 PM
02-20 7:00 PM
02-21 7:00 PM
03-06 7:00 PM
03-07 7:00 PM
03-09 6:30 PM
03-20 7:00 PM
03-21 7:00 PM
03-23 6:00 PM
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)
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
2
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 VENUWORKS 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.
VENUWORKS shall pay as cost reimbursement the actual cost associated with
providing personnel, vehicles, equipment and other supplies as provided in the
annual resolution for the City of Oshkosh Fees Schedule under Special Events
costs passed by the Oshkosh Common Council. 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, VENUWORK’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 VENUWORKS 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
VENUWORKS 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. Cancellations of 48 hours or
less shall be made by calling the Duty Chief at 920-379-3515.
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.
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.
VENUWORKS shall pay as cost reimbursement the actual cost associated with
providing personnel, vehicles, equipment and other supplies as provided in the
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
3
annual resolution for the City of Oshkosh Fees Schedule under Special Events
costs passed by the Oshkosh Common Council. 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 VENUWORKS or required
in the opinion of the Police Chief (or designee) to provide adequate service shall
be billed to VENUWORKS 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 VENUWORKS 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 Special Operations
Sergeant Sonny 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 VENUWORKS at 1212 S. Main St., Oshkosh WI
54902, with payment to be made within 30 days of the date of invoice. Upon
request by VENUWORKS, the CITY’s Special Events Coordinator shall provide a
Billing Request form for the monthly invoice.
V. Indemnification.
VENUWORKS 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 VENUWORKS 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.
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
4
VI. Term and Termination
VENUWORKS 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 VENUWORKS
for failure to pay invoices promptly when due or other breach of the agreement by
VENUWORKS. 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.
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.
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
5
To the City: Oshkosh Fire Department
Attn: Chief Tim Heiman
PO Box 1130
Oshkosh, WI 54903-1130
theiman@oshkoshwi.gov
Oshkosh Police Department
Attn: Chief Dean Smith
PO Box 1130
Oshkosh, WI 54903-1130
dsmith@oshkoshwi.gov
With Copy to City Attorney:
Oshkosh City Attorney
Attn: Lynn A. Lorenson
PO Box 1130
Oshkosh, WI 54903-1130
llorenson@oshkoshwi.gov
To VENUWORKS:
VenuWorks of Oshkosh, LLC
Attn: Andy Linton
1212 S. Main St.
Oshkosh, WI 54902
Email:alinton@venuworks.com
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
6
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
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E
7
OSHKOSH VENUWORKS
By:____________________________________
Andy Linton, General Manager
CITY OF OSHKOSH
By:____________________________________
Rebecca Grill, City Manager
And:________________________________
Cheryl Pionke, Deputy City Clerk
And:
Tim Heiman, Fire Chief
And:
Dean Smith, Police Chief
Approved as to Form:
________________________________
Lynn A. Lorenson, City Attorney
Docusign Envelope ID: 2639FA0F-FECC-454A-84B8-CE668091E39E