HomeMy WebLinkAboutHypervibe Rock USA Police Department Services 2019 AGREEMENT
CITY OF OSHKOSH AND HYPERVIBE, INC.
OSHKOSH POLICE DEPARTMENT SERVICES
ROCK USA CONCERT JULY 18-20, 2019.
THIS AGREEMENT made and entered into this .1 day of AP,e/L. ,2019,
by and between Hypervibe,Inc., d/b/a Rock USA, 2065 American Dr., Ste. A,Neenah, WI 54956,
hereinafter called"Hypervibe, Inc", 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 18 into Friday, July 19 0700-0200
Friday, July 19 into Saturday, July 20 1300-0200
Saturday, July 20 into Sunday, July 21 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.
Hypervibe, Inc shall pay as cost reimbursement the actual cost associated with providing
police personnel. The hourly cost for a police officer will be $81.82 per hour. The hourly cost for
a police supervisor- Sergeant will be $90.24 per hour, and Lieutenant will be $92.64. The hourly
cost for the use of the Mobile Command Vehicle will be$45.50 per hour,the use of a police patrol
vehicle(s) will be $15.69 per hour per vehicle, and the use of the ATV(s) will be $12.40 per hour.
Any FEMA equipment discounts will be applied after the event. 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 Hypervibe, Inc at the cost recovery rate.
Billing for cost of Police services will be completed immediately following the event; payment
will be within/days of billing.
Hypervibe, Inc 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 Hypervibe,
1
_ , 1
Inc operation of the Rock USA Concert, 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 agreement shall terminate upon City and Hypervibe, Inc. completion of their obligations
hereunder.
HYPER INC. /
Oa" - , i + ,A By:
fitness) l r
Derek Liebhauser—Vice President
CITY OA SHKOSH
i
(Witness) By
A. Ro ana_er
1 '/
A oved as to Form And: _ 1.i
�
Pamela' ty,•,
'g,City Cler.
Lynn . Lorens And:
City Attorney can mith, 'olice Chief
2