HomeMy WebLinkAboutVenuworks Agreement for Special Event (Concerts) - 2026AGREEMENT FOR SPECIAL EVENTS
THIS AGREEMENT is made on the __17th_ day of __October_, 2025, by and between the
CITY OF OSHKOSH, (CITY), and VENUWORKS OF OSHKOSH, LLC (VENUWORKS
or Event Organizer), with its offices located at 1212 S. Main Street, Oshkosh, WI 54901.
VENUWORKS acknowledges that it is an EVENT ORGANIZER as that term is specified
within Section 5-18 of the City of Oshkosh Municipal Code. VENUWORKS asserts to the
City that while it has obtained many sponsors, vendors, supporters, and affiliates for its
events, VENUWORKS is and will remain the sole organizer of the CONCERT EVENTS
identified in this Agreement.
Pursuant to the provisions of Section 5-18(III)(D) of the City’s Municipal Code,
VENUWORKS has requested to enter into this agreement for the purpose of complying
with the provisions of the City’s Special Events Ordinance. Additional consideration
received by VENUWORKS in this Agreement is the City’s waiver of the Special Events
Ordinance provision which would otherwise require VENUWORKS to present each
Concert Event proposal to the Common Council for review and approval.
Event Organizer has successfully held the Concert Events within the last year and wishes
to continue to hold the Concert Events throughout the foreseeable future. Both parties
agree that this agreement will assist in the continued success of the Concert Events by
facilitating planning efforts while complying with the City’s’ Special Events Ordinance.
1. PURPOSE. VENUWORKS desires to hold the following events:
MUSIC CONCERTS (Events)
The Concert Events will be located at the Oshkosh Arena, located at 1212 S. Main
Street in the City of Oshkosh. The Concert Events will be one day music events
that include food sales, non-alcoholic beverage sales, alcohol beverage sales, and
merchandise sales in compliance with Wisconsin law and applicable municipal
ordinances. The Event Organizer will provide specific dates, times and
entertainment information including but not limited to layout, artist, anticipated
attendance and any special requirements for each Concert Event. Such
information may be provided on a form that the parties may agree upon, and shall
be provided a minimum of 30 days prior to each event throughout the calendar
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year (“Event Information”). The City may request any additional information it
deems necessary for a complete review of and planning for the proposed event.
2. TERM. The Term of this Agreement shall be for one (1) Concert Events year,
commencing on January 1, 2026 and terminating on December 31, 2026.
3. APPLICATION. VENUWORKS shall complete and submit Event Information to
the Special Events Coordinator no later than 30 days prior to each Concert Event.
Upon submission of the Event Information, VENUWORKS and appropriate City
officials shall discuss and further plan the Concert Events. In the course of these
discussions, the City Manager, Police Chief and/or Fire Chief shall have the
authority to modify and alter the Concert Events plans when necessary for the
protection of the health, safety and welfare of the public. VENUWORKS agrees to
be bound: first, by applicable ordinances, rules, and laws; second, by this
Agreement and any sub-agreement; third, by any changes or requirements
provided in writing pursuant to the review of the submitted plan and discussions
above; and fourth, where there are no conflicts with the foregoing, by
VENUWORKS Event Information.
4. COMPLIANCE WITH LAWS. VENUWORKS shall be responsible for holding the
Concert Events consistent with all applicable local, state, and federal laws, rules,
and codes, including, but not limited to, the City’s Special Events Ordinance.
VENUWORKS agrees to use all reasonable efforts to ensure compliance with these
rules and regulations by all participants, attendees, and vendors.
5. OTHER PERMITS AND LICENSES. VENUWORKS shall require in its
agreements with vendors, contractors, exhibitors, and sponsors that such persons
shall comply with all applicable laws, including that such persons must obtain any
and all permits and licenses required for the operation of the Concert Events,
including but not limited to, temporary restaurant permits, sellers permits and
liquor licenses.
6. ADDITIONAL SERVICES. The Concert Events may require the provision of
extraordinary services by the city of Oshkosh including but not limited to by the
Oshkosh Police Department. The City will review each proposed event and agrees
to work with VENUWORKS to provide the necessary services in support of the
Concert Events. This Agreement shall not be construed to require the City to
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provide services for any particular event should the City determine that it does
not have adequate available resources for the proposed event or that provision of
service for the event will compromise the ability of the City to provide general or
emergency services to the community. VENUWORKS agrees to pay, or reimburse,
the City for the actual reasonable cost of providing extraordinary services.
The City shall be responsible for providing VENUWORKS with an estimate of
costs for extraordinary services after notification has been provided for the
upcoming Concert Event. The parties acknowledge that unexpected issues may
arise as a result of the Concert Event which may result in additional extraordinary
service expenses by the City which are not covered by a Pre-Event Agreement.
VENUWORKS agrees to pay these additional actual costs upon receipt of a
statement and explanation from the appropriate City official. VENUWORKS is
responsible for remitting payment for extraordinary services within the timeframe
identified in each sub-agreement, or if no such term is identified, then payment
shall be submitted within thirty (30) days after the City Invoice is sent.
7. TERMINATION.
Termination by City for Cause. City may terminate this Agreement at any time,
for cause which shall be defined as a material breach of any of the terms of this
Agreement, after giving VENUWORKS at least thirty (30) calendar days’ notice of
the breach and an opportunity to cure the breach. If VENUWORKS fails to cure
the breach, then this Agreement shall be terminated on the date indicated in the
notice. After termination, the City shall invoice VENUWORKS for any services
provided and not yet reimbursed, and VENUWORKS shall pay such amount
within thirty (30) days of such invoice.
The parties may mutually terminate this Agreement at any time, without cause,
by a written mutual agreement. The party seeking to terminate this agreement
agrees to discuss this matter with the other party before termination.
After termination, the City shall invoice VENUWORKS for any services provided
and not yet reimbursed, and VENUWORKS shall pay such amount within thirty
(30) days of such invoice.
8. ASSIGNMENT AND REPRESENTATIONS. No representation, warranty,
condition or agreement of any kind or nature whatsoever shall be binding upon
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the parties hereto unless incorporated into this Agreement. This Agreement
contains all the terms and conditions agreed upon by the parties hereto, and no
other agreements, oral or otherwise, regarding the subject matter of this document
shall be binding upon the parties hereto except as entered into pursuant to this
paragraph or paragraph 6 above. The parties agree that the only exception to the
foregoing requirement for written agreements are issues which arise during the
Concert Events which were unanticipated and the timing of which do not allow
the parties to formally enter into written terms.
This Agreement may not be modified in any manner or assigned to any other
person or entity except by written amendment signed by both parties.
VENUWORKS shall not change its status as the sole Event Organizer without
prior written approval of the City.
9. INSURANCE, INDEMNIFICATION, AND HOLD HARMLESS REQUIRED.
Upon execution of this Agreement, Event Organizer shall file with the Special
Events Coordinator proof of insurance in compliance with the city’s requirements
for special events, including the addition of the City of Oshkosh, and its officers,
council members, agents, employees, and authorized volunteers as additional
insureds for the event.
The event organizer agrees that it, not the City, will be solely responsible for all
incidents at organizer’s events. This responsibility of the organizer to the City
includes but is not limited to the actions of the event organizer, its officers,
employees, agents and volunteers, along with event vendors, contractors,
subcontractors, participants and visitors. Except to the extent such claims arise
from the sole negligence or willful misconduct of the City, the organizer of this
event agrees to indemnify and hold harmless the City of Oshkosh, and its officers,
council members, agents, employees, and authorized volunteers, fro m, for, and
against and agrees to defend the same from and against, any and all suits, claims,
grievances, damages, costs, expenses, judgements, and/or liabilities, including
costs of defense and reasonable attorney fees, and further agrees to pay any
settlement entered into or on the behalf of, or judgement entered against, the
foregoing individuals and/or entities.
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10. CONTROLLING LAW. The validity, construction and effect of this Agreement
shall be governed by the laws of the State of Wisconsin without regard to the
place(s) of execution of this Agreement. Any dispute shall be venued in
Winnebago County, Wisconsin.
This Agreement is for the sole benefit of the parties hereto and does not create any
rights or liabilities to or for the benefit of any third parties.
11. NOTICES. All communications or notices required or permitted by this
Agreement shall be in writing and shall be deemed to have been given (i) upon
delivery to the VENUWORKS offices at the address listed below, if hand
delivered, or (ii) with a nationally recognized commercial carrier that will certify
as to the date and time of delivery, prepaid and each such communication or notice
shall be addressed as follows, unless and until any of such parties notifies that
other in accordance with their Paragraph of a change of address:
If to the City:
City of Oshkosh, Wisconsin
215 Church Avenue, PO Box 1130
Oshkosh, WI 54903-1130
Attention: City Clerk
If the Event Organizer:
VenuWorks of Oshkosh, LLC
1212 N. Main Street
Oshkosh, WI 54901
Attention: Executive Director
The individual(s) signing this Agreement has the authority to enter into this
agreement on behalf of the organizer(s) of the Special Event.
12. INDEPENDENT CONTRACTOR. The City and VENUWORKS understand and
agree that they are and intend to be independent contractors, and nothing in this
Agreement or otherwise will cause them to have a relationship of employer and
employee, principal and agent, master and servant, joint venturers, members of a
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joint enterprise, partners or legal representatives. Neither party shall have any
authority to represent the other nor to make any commitment for the other.
The individual(s) signing this agreement has the authority to enter into this agreement on behalf
of the organizer(s) of the Special Event.
Event Organizer
By:
(Specify Title)
City of Oshkosh
By:
Rebecca Grill, City Manager
And:
Cheryl Pionke, Deputy City Clerk
APPROVED AS TO FORM:
Lynn Lorenson, City Attorney
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Andy Linton