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HomeMy WebLinkAboutResolution 2025-31, Live Nation Law Enforcement Services AgreementsCity of East Wenatchee, Washington Resolution No. 2025-31 A Resolution of the City of East Wenatchee authorizing the Mayor to execute a contract between Live Nation Worldwide, Inc and City of East Wenatchee Police Department. 1. Alternate Format. a. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). b. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute the agreement that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 3rd day of June, 2025. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: 05-29-202506-03-202506-03-2025 Jerrilea Crawford (Jul 14, 2025 10:14 PDT) Jerrilea Crawford Page 1 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT 2025-2027 LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT (the Agreement) is made and entered into by and between the following: The City of East Wenatchee Police Department (POLICE DEPARTMENT), a political subdivision of the State of Washington, and Live Nation Worldwide, Inc. (LIVE NATION), a Delaware corporation doing business in the State of Washington. RECITALS: WHEREAS, LIVE NATION desires to manage and conduct concerts and/or events at the Gorge Amphitheater (Amphitheater), in Grant County, Washington; and WHEREAS, LIVE NATION desires to manage and operate both the "Gorge Campground" and the Gorge Amphitheater, in Grant County, Washington; and WHEREAS, the POLICE DEPARTMENT desires to protect the safety, health and welfare of those persons affected by such concerts or events by providing law enforcement services. Security services shall be provided by LIVE NATION and WHEREAS, LIVE NATION desires to cooperate with the POLICE DEPARTMENT in LIVE NATION's efforts to provide adequate facilities and services to accommodate and protect these persons; and WHEREAS, the parties hereto desire to memorialize their agreements. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable considerations, the parties agree as follows: 1.ATTENDANCE LIMIT For single concert/event days LIVE NATION agrees to limit total attendance to twenty­ two thousand (22,000) people per concert/event. For multi­day and/or festival concerts/events, LIVE NATION agrees to limit total attendance to twenty­seven thousand five hundred (27,500) people per concert/event day. Attendance is defined as the actual "drop count" which includes all persons physically attending the event holding either paid or complimentary tickets. Attendance Limits may be increased during the term of this agreement should any Government issued license, permit or zoning change allow for a greater attendance limit. Page 2 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT 2.COMPLAINTS The POLICE DEPARTMENT agrees to refer all non­criminal complaints regarding the concerts and events to local LIVE NATION management and to its on­site, private security firm, where appropriate. 3.TRAFFIC CONTROL AND LAW ENFORCEMENT COSTS (including overtime) The actual number of Officers to be assigned for an event will be made by the POLICE DEPARTMENT after LIVE NATION and POLICE DEPARTMENT have discussed and have mutually agreed upon a maximum number. The number of law enforcement personnel assigned in advance to any concert/event will be determined by the POLICE DEPARTMENT in agreement with LIVE NATION, based on projected attendance, provided said projections are given to the POLICE DEPARTMENT a minimum of one (1) month in advance of said event/concert. The POLICE DEPARTMENT will provide law enforcement personnel based on estimated attendance figures coupled with the type of audience anticipated. LIVE NATION and the POLICE DEPARTMENT agree to meet regularly prior to events to discuss internal security and external staffing for POLICE DEPARTMENT policing during, after and immediately preceding Gorge events. (A.) LIVE NATION will pay for non­exempt officers at their overtime rate, exempt officers and exempt administrative support specialist a flat rate for shifts spent policing or dispatching the area at or nearby the Gorge during event days or evenings, when mutually agreed upon between LIVE NATION and the POLICE DEPARTMENT. Billing for the aforementioned expense will be directed to LIVE NATION's Northwest office located at 100 S King St., Suite 320, Seattle, WA 98104. An "exempt deputy" refers to a deputy not entitled to the Fair Labor Standards Act (FLSA) overtime. A "non­exempt deputy" refers to a deputy entitled to FLSA overtime. (B.) In the event of an emergency, including without limitation, unexpected fights and/or riots, large and/or disruptive crowds, and/or unexpected concert/event and/or camping attendance, an incident command post may be established, and the situation will be handled by law enforcement and others with jurisdiction. Within thirty (30) days after the emergency has been resolved and LIVE NATION has been presented with a bill for costs related to same, LIVE NATION will undertake a good faith evaluation regarding its payment of costs associated with said emergency call out, including personnel and equipment. LIVE NATION's review of costs in this regard will include, but is not limited to, costs associated with State, Federal, SHERIFFS OFFICE, Police Department and city personnel. Billing information will be provided to LIVE NATION by the POLICE DEPARTMENT monthly. Payment shall be made by LIVE NATION within ten (10) days after receiving the billing from the POLICE DEPARTMENT. Page 3 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT All non­exempt patrol and corrections officers, including reserves, will be compensated at their overtime rates (via labor agreements to include benefits) for each year, with an anticipated increase each year. The current 2025 rate of pay for law enforcement personnel assigned to the Gorge shall be within a range of $70 per hour to $170 per hour depending on the specific officers' assignment, tenure and/or rank. It should be noted that the rate of pay for most of the officers assigned to work this detail will range from $97 per hour to $170 per hour. Exempt officers will be compensated at the following flat rates with an increase each year: •2025 ­ $170 per hour •2026 ­ $175 per hour •2027 ­ $180 per hour Exempt Administrative Support Specialist will be compensated at the following flat rates with an increase each year: •2025 ­ $106 per hour •2026 ­ $111 per hour •2027 ­ $116 per hour LIVE NATION agrees to pay the aforementioned costs for law enforcement personnel for traffic control and law enforcement for specific concerts or events over and above the aforementioned numbers, including without limitation, the cost of a county employee or its designee as an "additional" person to operate the jail van, on an "as needed" basis when mutually agreed upon between LIVE NATION and the POLICE DEPARTMENT. LIVE NATION will provide the POLICE DEPARTMENT with "on site" office space to allow for a dispatch center for all concerts and events on the same or substantially similar basis as was provided during the 2021 concert season. The POLICE DEPARTMENT will provide the necessary equipment to operate the aforementioned dispatch center. LIVE NATION shall provide law enforcement with on­site data telecommunications from/with the Washington State Patrol ("WSP") headquarters in Olympia for record checks (if available) on the same or substantially similar basis as was provided during the 2015 concert season. The POLICE DEPARTMENT will provide the necessary computer to operate the aforementioned dispatch center. LIVE NATION shall compensate one (1) dispatcher, as designated by the POLICE DEPARTMENT. Dispatchers will be compensated at their overtime rate (via labor agreements to include benefits). Exempt Support Specialist that dispatch will be compensated at a flat rate of $106 per hour. The overtime rate will range $68 to $106.00 per hour depending upon base rate of that employee assigned to provide dispatch services. High maintenance concerts and/or events may require two (2) dispatchers. LIVE NATION will directly compensate the POLICE DEPARTMENT for a "second" dispatcher when mutually agreed upon between the POLICE DEPARTMENT and LIVE NATION. Compensation limits will be increased during the term of this agreement should any collective bargaining agreements (CBA) and/or specific assignments direct increases in Page 4 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT salaries for those specifically affected employees. The POLICE DEPARTMENT will keep LIVE NATION informed of any changes to the CBA that affects these rates of pay. LIVE NATION agrees to reimburse the POLICE DEPARTMENT for their use of city owned vehicles used for the purpose of providing law enforcement services for LIVE NATION events. LIVE NATION agrees to reimburse the POLICE DEPARTMENT at a rate of one hundred dollars ($100.00) per day per vehicle. LIVE NATION agrees to pay an administrative fee of 1% for the POLICE DEPARTMENT support staff administrative costs, and 1% for City Accounting Staff administrative costs for a total of 2% administrative fees. The amount will be based on and in addition to the monthly total billed amount and will be included with the monthly billing. 4.PUBLIC SAFETY LIAISONS LIVE NATION agrees to appoint and maintain a security liaison to direct its Gorge Campground security staff. The POLICE DEPARTMENT agrees to designate a commissioned law enforcement officer (Chief Designee) from its staff, to serve throughout the year as its, principal liaison with the Amphitheater and the Gorge Campground. The POLICE DEPARTMENT will commission a substation at the Gorge Campground office. Both parties agree that their liaisons should be present at each Amphitheater concert and/or event and should regularly coordinate monthly meetings and shall exchange information on the event before and after. If the designated liaison is unavailable, a commissioned Sergeant or higher rank will serve in their place to ensure administrative representation. 5.PRIVATE SECURITY LIVE NATION agrees to continue to maintain an adequately staffed private security force (currently STARPLEX), for concerts and events at the Amphitheater, and after the end of the concert or event, including without limitation, the Gorge Campground. This internal security staff will be used to control traffic, parking and internal order and shall be under the overall direction of the Amphitheater security liaison. 6.PUBLIC INFORMATION/COMMUNICATIONS LIVE NATION agrees to distribute public information via the internet or in hard copy format for each concert or event available to all Amphitheater and Gorge Campground patrons that contain an explanation of the rules regarding their use of the facility, relating to disturbing the peace, creating a public nuisance, violating state liquor and controlled substances, etc. This notice shall mention applicable penalties for unacceptable behavior ranging from expulsion from the Amphitheater and/or the Gorge Campground, fines or possible incarceration. This notice will also emphasize that illegal use of drugs or alcohol is strictly prohibited in the Amphitheatre and Campgrounds and provide information regarding ingress and egress to the Amphitheatre and Campground and any other local information deemed pertinent or useful to the patrons by LIVE NATION such as hotels Page 5 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT and local services. 7.ANNUAL REVIEW Within ninety (90) days following the final concert or event of each season, the parties will meet to review the effectiveness of this Agreement over the past season. 8.ASSIGNABILITY LIVE NATION may not assign its rights or obligations under this Agreement to an unaffiliated third party without the prior written consent of the POLICE DEPARTMENT. 9.NO WAIVER No failure of the POLICE DEPARTMENT or LIVE NATION to insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. 10.INDEMNIFICATION/INSURANCE Each party shall be responsible for claims and/or damages to persons and/or property resulting from its own negligence and/or its officers, employees and/or agents. Neither party shall be responsible for claims and/or damages to persons and/or property resulting from the negligence on the part of the officers, employees and/or agents of the other party, its officers, employees and/or agents, PROVIDED: in the case of negligence of more than one (1) party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to each of the parties. PROVIDED: LIVE NATION shall indemnify the POLICE DEPARTMENT as to security related issues. LIVE NATION may discharge its responsibilities in this regard by and through a "private security provider" for LIVE NATION, currently Starplex, and cause the POLICE DEPARTMENT to be named as an additional insured for those claims which liability is claimed against the POLICE DEPARTMENT and/or the CITY OF EAST WENATCHEE as the result of the actions and/or failures to act, of the private security provider, or where the private security provider is named as an agent of the POLICE DEPARTMENT, based on actions and/or omissions of the private security provider. Such certificate of insurance will not apply to those circumstances where acts ­and/or omissions by the POLICE DEPARTMENT form the sole basis for any claim or part of any claim. (A.) Indemnification Insurance During the life of this Agreement, and for liability originating from this Agreement, LIVE NATION (or its private security provider) shall maintain insurance coverage, including without limitation, errors and omissions, and negligence, in the performance of this Agreement or security related to concerts/events. Such insurance Page 6 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT shall name the POLICE DEPARTMENT as an additional insured and hold harmless and indemnify the POLICE DEPARTMENT and its officers, employees and agents from any and all claims resulting from those claims which liability is claimed against the POLICE DEPARTMENT as the result of the actions and/or failures to act, of the private security provider for LIVE NATION or where the private security provider is named as an agent of the POLICE DEPARTMENT, based on the actions and/or omissions of the private security provider. The aforementioned insurance may be obtained from any insurance company authorized to do business in the State of Washington and shall have policy limits of Two Million and No/100 Dollars ($1,000,000.00) per occurrence and Four Million and No/100 Dollars ($4,000,000.00) or more aggregate. Within thirty (30) days of signature of the last party signing this Agreement, LIVE NATION (or its private security provider) shall submit evidence that such insurance is in full force and effect, and that such insurance will not be canceled during the time period LIVE NATION has to fully execute all of the terms and conditions of this Agreement, unless such policy is replaced by another policy with equal or better coverage. LIVE NATION's (or its private security provider) coverage of liability creating events accruing during this Agreement shall extend after the Agreement is terminated by its terms or order of a court with jurisdiction. Said insurance company shall be required to give the POLICE DEPARTMENT written notice within seventy­two (72) hours if the policy is canceled or otherwise terminated for any reason, including without limitation, non­payment of premium. For purposes of the indemnity provided pursuant to this Agreement, Live Nation specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW, and all other applicable Industrial Insurance/Worker’s Compensation Acts or their equivalent in the applicable jurisdiction. Further, the indemnification obligations under this Agreement shall not be limited in any way by any limitations on the amount or type of damages, compensation, or benefits payable to or for any third party under Workers’ Compensation Acts, Disability Benefits Acts, or other Employee Benefit Acts; provided Live Nation’s waiver of immunity by the provisions of this Article extends only to claims against Live Nation by Indemnitees, and does not include, or extend to, any claims by Live Nation’s employees directly against Live Nation. Live Nation’s duty to defend, indemnify, and hold Indemnitees harmless shall include, as to all claims, demands, losses, and liability to which it applies, Indemnitees and/or Indemnitees’ personnel­related costs, reasonable attorneys’ and experts’ fees, court costs, and all other claim­related expenses. 11.ENTIRE AGREEMENT This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter herein and supersedes all prior agreements, contracts and understandings, written and oral, including without limitation, the previous Concert Management Agreement executed by the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Page 7 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT No modification, amendment or termination of this Agreement shall be valid and effective unless evidenced by an agreement in writing signed by the parties. 12.SEVERABILITY If any term, provision, covenant or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. 13.GOVERNING LAW T his Agreement shall be governed by the laws of the State of Washington. 14.TERM T he term of this Agreement shall be for the 2025, 2026, and 2027 concert/calendar years, January 1, 2025 through December 31, 2027. 15.RELATIONSHIP TO OTHER COUNTY PERMITS AND APPROVALS T he parties agree that execution of this Agreement has no effect on any vested rights LIVE NATION may have pursuant to other Grant County permits and approvals. At the expiration of the Term of this Agreement, all other County permits and approvals which have not lapsed by their own terms will remain in effect. 16.CAPTIONS The Captions in the Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. This AGREEMENT is effective from the last date executed by the PARTIES. THIS AGREEMENT is executed by the persons signing below who warrant that they have the authority to execute AGREEMENT. Dated this ______ day of ___________, 2025 Dated this ______ day of ___________, 2025 LIVE NATION, INC. ____________________________ Clayton Hobbs, Assistant General Manager, Live Nation Northwest Page 8 of 8 2025, 2026 AND 2027 LAW ENFORCEMENT SERVICES AGREEMENT Mayor of East Wenatchee: ________________________ Mayor Jerrilea Crawford APPROVED AS TO FORM: ____________________ Robert Siderius City Attorney Resolution 2025-31 Live Nation Law Enforecement Services Agreements Final Audit Report 2025-07-14 Created:2025-07-11 By:City Clerk (cityclerk@eastwenatcheewa.gov) Status:Signed Transaction ID:CBJCHBCAABAARRiPQi2e4mkCDpKasDJ5jdzrUEARfodo "Resolution 2025-31 Live Nation Law Enforecement Services Ag reements" History Document created by City Clerk (cityclerk@eastwenatcheewa.gov) 2025-07-11 - 9:41:57 PM GMT Document emailed to jcrawford@eastwenatcheewa.gov for signature 2025-07-11 - 9:42:12 PM GMT Email viewed by jcrawford@eastwenatcheewa.gov 2025-07-14 - 5:14:31 PM GMT Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford 2025-07-14 - 5:14:49 PM GMT Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov) Signature Date: 2025-07-14 - 5:14:51 PM GMT - Time Source: server Agreement completed. 2025-07-14 - 5:14:51 PM GMT