HomeMy WebLinkAboutStarshow and Oshkosh, Oshkosh Police IA537
AGREEMENT
CITY OF OSHKOSH AND STARSHOW PRESENTS, INC,
OSHKOSH POLICE DEPARTMENT SERVICES
ROCK USA CONCERT JULY 14- 16,2016.
THIS AGREEMENT made and entered into thisday of 201 G,
by and between Starshow Presents, Inc., d/b/a ROCK USA, 2065 American Dr., Ste, A,Neenah,
WI 54956, hereinafter called "Starshow", and the City of Oshkosh, a municipal corporation,
hereinafter called"City".
WHEREAS,the Oshkosh Police Department is providing officers for traffic management
and control,impaired driver enforcement and pedestrian safety services during specified hours of
the Rock USA Concert,and
WHEREAS,the Common Council for the City of Oshkosh has authorized the appropriate
City officials to enter into such an agreement.
NOW, THEREFORE, it is agreed by and between the parties to this agreement that the City
shall provide officers on the following dates/times:
Report
Day Time
Thursday, July 14 into Friday, July 15 0700-0200
Friday, July 15 intoSaturday,, July 16 1300-0200
Saturday, July 16 into Sunday, Jul 7 1 1200-0200
The role of these police officers shall be to provide traffic incident management and control at
the designated traffic control points, alcohol and drug impaired driver enforcement, as well as
pedestrian safety enforcement and control measures along Washburn Avenue. Emergencies
requiring a response beyond the capabilities of the assigned officers on scene or emergencies
occurring while the on-scene officers are busy on any emergency will be handled by a response
of on-duty resources.
Star shall pay as cost reimbursement the actual cost associated with providing police
personnel. The hourly cost for a police officer will be $78.62 per hour. The hourly cost for a
police supervisor will be $95.34 per hour. Billed time will commence 30 minutes prior to the
start of the standby and end 30 minutes atter termination of the standby. Any additional hours or
additional officers requested or required in the opinion of the Police Chief (or designee) to
provide adequate service shall be billed to Star at the cost recoveryrate. Billing for cost of Police
services will be completed immediately following the event; payment will be within 7 days of
billing.
Star 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 Star's
operation of the Rock USA Concert, including but not limited to:
1
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 Iaw;
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
pm'ty.
This agreement shall terminate upon City and Star's completion of their obligations hereunder.
STARSII RESENT /I7C, (,SS
)
By:
fitness)
Dan A. Liebhauser-President
CITY OF OSHKOSH
(Witness) By:
M * A. Rohloff, gity- t a. er
Ap rood as to form:',. And:
,,
1 Pamela R. U ri City Ierk,
Lynfi W,. Lorenson And:
City AtE'orney Dean Smith, Police Chief
2
AGREEMENT
CITY OF OSHKOSH AND STARSHOW PRESENTS, INC.
OSHKOSH POLICE DEPARTMENT SERVICES
COUNTRY USA CONCERT JUNE 14-18,2016.
THIS AGREEMENT made and entered into this day of�j(, A)f 12016,
by and between Starshow Presents, Inc., dlbla Country USA, 2065 American Dr., Ste. A,
Neenah, WI 54956, hereinafter called "Star", and the City of Oshkosh, a municipal corporation,
hereinafter called"City".
WHEREAS, the Oshkosh Police Department is providing officers for traffic management
and control, impaired driver enforcement and pedestrian safety services during specified fours of
the Country USA Concert; and
WHEREAS,the Common Council for the City of Oshkosh has authorized the appropriate
City officials to enter into such an agreement.
NOW, THEREFORE, it is agreed by and between the parties to this agreement that the City
shall provide officers on the following elates/times:
Report
Day Time
Tuesday, June 14 into Wednesday, June 15 07000200
Wednesday, June 15 into Thursday, June 16 1500-0200
Thursday, June 16 into Friday, June 17 1500-0200
Friday, June 17 into Saturday, June 18 1300-0200
Saturday, June 18 into Sunday, June 19 1200-0200
The role of these police officers shall be to provide traffic incident management and control at
the designated traffic control points, alcohol and drug impaired driver enforcement, as well as
pedestrian safety enforcement and control measures along Washburn Avenue. Emergencies
requiring a response beyond the capabilities of the assigned officers on scene or emergencies
occurring while the orr-scene officers are busy on any emergency will be handled by a response
of on-duty resources.
Star shall pay as cost reimbursement the actual cost associated with providing police
personnel. The hourly cost for a police officer will be $78.62 per hour. The hourly cost for a
police supervisor will be $95.34 per hour. Billed time will commence 30 minutes prior to the
start of the standby and end 30 minutes after termination of the standby. Any additional hours or
additional officers requested or required in the opinion of the Police Chief (or designee) to
provide adequate service shall be billed to Star at the cost recovery rate. Billing for cost of Police
services will be completed immediately following the event; payment will be within 7 days of
billing.
Star 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 Star's
operation of the Country USA Concert, including but not limited to:
_` 1
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 wider 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 agreement shall terminate upon City and Star's completion of their obligations hereunder.
STARSHO RESENTS INC. (Star)
By:
fitness) r
Dan A. Liebhauser-President
CITY OF OSHKOSH
( rnes By:
Mar c A.Rohloff„CitM a er
AA7u,
ed s t n And: 1
Pamela R. ,City C rk
IV
oxei2son And: -
City Attorney Dean Smith, Police Chief
7