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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Grant County Sheriffs Office REQUEST SUBMITTED BY: T011ya Steele/ Barbara DU@1'b@CI( CONTACT PERSON ATTENDING ROUNDTABLE: NSA CONFIDENTIAL INFORMATION: ❑YES ONO DATE: 05/19/2025 PHONE: 509-754-2011 ext 2025 TYPE(S) OF DOCUMENTS SUBMITTED: (CHECK ALL THAT APPLY� DAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB �_SLIIGGESTED WORDING FOR AGENDA: Who, What, When, Why, Term, cost, etc. 2025-2027 Law Enforcement Services Agreement- Live Nation If necessary, was this document reviewed by accounting? • ■ YES ■ NO ❑ rQvip►w nrinr to stlhmi-q-qinn_ If necessary, was this document reviewed by legal? ® YES ❑ NO ❑ N/A DATE OF ACTION: � / C✓ APPROVE: DENIED ABSTAIN D 1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: RECEIVED MAY 19 2025 GRANT COUNTY COMMISSIONERS 2025-2027 LAW ENFORCEMENT SERVICES AGREEMENT THIS AGREEMENT (the Agreement) is made and entered into by and between the following: The GRANT COUNTY SHERIFF'S OFFICE (the SHERIFF'S OFFICE), 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 SHERIFF'S OFFICE desires to protect the safety, health and welfare of those persons affected by such concerts or events (each an "Event") by providing law enforcement services. Security services shall be provided by LIVE NATION and WHEREAS, LIVE NATION desires to cooperate with the SHERIFF'S OFFICE 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 multi -day and/or festival concerts/events, LIVE NATION agrees to limit total attendance to twenty-seven 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. 2025) 2026 AND 2027 Page 1 of 8 2. COMPLAINTS The SHERIFF'S OFFICE agrees to refer all non -criminal complaints regarding the concerts and events to local LIVE NATION management and to its on -site, private security firm, where appropriate. 3. TRAFFIC CONTROL AND LAW ENFORCEMENT COSTS (including overtime) The actual number of Deputies to be assigned for an Event will be made by the SHERIFF'S OFFICE after LIVE NATION and SHERIFF'S OFFICE have discussed and have mutually agreed upon a maximum number. The number of law enforcement personnel assigned in advance to any Event will be determined by the SHERIFF'S OFFICE in agreement with LIVE NATION, based on projected attendance, provided said projections are given to the SHERIFF'S OFFICE a minimum of one (1) month in advance of said event/concert. The SHERIFF'S OFFICE will provide law enforcement personnel based on estimated attendance figures coupled with the type of audience anticipated. LIVE NATION and the SHERIFF'S OFFICE agree to meet regularly virtually or in -person prior to Events to discuss internal security and external staffing for SHERIFF'S OFFICE policing during, after and immediately preceding Gorge Events. (A.) LIVE NATION will pay for non-exempt deputies at their overtime rate, exempt deputies 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 SHERIFF'S OFFICE. 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 "non-exempt 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 and city personnel. Billing information will be provided to LIVE NATION by the Sheriffs Office monthly. Payment shall be made by LIVE NATION within thirty (30) days after receiving the billing from the SHERIFF'S OFFICE. All non-exempt patrol and corrections deputies, including reserves, will be compensated at their overtime rates (via labor agreements to include benefits) for each 2025) 2026 AND 2027 Page 2 of 8 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 deputies' assignment, tenure and/or rank. It should be noted that the rate of pay for most of the deputies assigned to work this detail will range from $97 per hour to $170 per hour. In the event that the SHERIFF'S OFFICE is unable to meet the necessary staffing levels with full-time deputies, they will augment the staffing levels with reserve deputies. The current 2025 rate of pay for reserve deputies is $70.00 per hour. Exempt deputies 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 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 jal*l van, on an "as needed" basis when mutually agreed upon between LIVE NATION and the SHERIFF'S OFFICE. LIVE NATION will provide the SHERIFF'S OFFICE 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 SHERIFF'S OFFICE will provide the necessary equipment to operate the aforementioned dispatch center. LIVE NATION shall provide law enforcement with on -site 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 SHERIFF'S OFFICE will provide the necessary computer to operate the aforementioned dispatch center. LIVE NATION shall compensate one (1) dispatcher, as designated by the SHERIFF'S OFFICE. Dispatchers will be compensated at their overtime rate (via labor agreements to include benefits). E x e m p t S u p p o r t Specialist that dispatch with 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 Events may require two (2) dispatchers. LIVE NATION will directly compensate the SHERIFF'S OFFICE for a "second" dispatcher when mutually agreed upon between the SHERIFF'S OFFICE 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 salaries for those 2025, 2026 AND 2027 Page 3 of 8 specifically affected employees. The SHERIFFS OFFICE shall notify LIVE NATION in writing any changes to the CBA that affects these rates of pay. Subject to SHERIFF'S OFFICE notifying LIVE NATION of any increased Compensation limits and LIVE NATION's acceptance of the same, LIVE NATION shall pay such increased rate of compensation of the then current CBA rate of pay of law enforcement personnel. LIVE NATION agrees to reimburse the SHERIFF'S OFFICE for their use of Grant County owned vehicles used for the purpose of providing law enforcement services for LIVE NATION events. LIVE NATION agrees to reimburse the SHERIFF'S OFFICE 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 Sheriff s office support staff administrative costs, and 1 % for Grant County 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 SHERIFF'S OFFICE agrees to designate a commissioned law enforcement officer (Sheriff Designee) from its staff, to serve throughout the year as its, principal liaison with the Amphitheater and the Gorge Campground. The SHERIFF'S OFFICE 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 commission 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 Events at the Amphitheater, and after the end of the 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 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 2025) 2026 AND 2027 Page 4 of 8 deemed pertinent or useful to the patrons by LIVE NATION such as hotels and local services. 7. ANNUAL REVIEW Within ninety (90) days following the final Event of each season, the parties will meet to review the effectiveness of this Agreement over the past season. 8. ASSIGNABILITY Neither party may assign its rights or obligations under this Agreement to an unaffiliated third party without the prior written consent of the other party. 9. NO WAIVER No failure of the SHERIFF'S OFFICE 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/INSUR.ANCE 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 SHERIFF'S OFFICE 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. (A.) Indemnification Insurance During the life of this Agreement, and for liability originating from this Agreement, LIVE NATION shall maintain insurance coverage, including without limitation, errors and omissions, and negligence, in the performance of this Agreement or security related to concerts/events. 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 Five Million and No/100 Dollars ($5,000,000.00) per occurrence and Ten Million and No/100 Dollars ($10,000,000.00) in the 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 coverage of liability creating events accruing during this Agreement shall extend after the 2025, 2026 AND 2027 Page 5 of 8 Agreement is terminated by its terms or order of a court with jurisdiction. Said insurance company shall be required to give the SHERIFF'S OFFICE written notice within seventy-two (72) hours if the policy is canceled or otherwise terminated for any reason, including without limitation, non- payment of premium. 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. 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& WAIVER 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. The waiver by any party of any term or condition of this Agreement shall not operate or term or prevent any party to this Agreement from enforcing such provision. 13. GOVERNING LAW& VENUE This Agreement shall be governed by the laws of the State of Washington. Venue for any action or proceeding shall be in the Superior Court of Grant County. 14. TERM The 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 The 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. 2025) 2026 AND 2027 Page 6 of 8 16. TERMINATION Either party may terminate this agreement for a material breach of this agreement upon ten (10) days prior written notice (e-mail to suffice) of termination (or such shorter time as may be reasonable given the circumstances and imminence of the Event(s)) to the breaching party specifically identifying the alleged breach, provided that the breaching party does not cure such breach within the ten (10) day period. This agreement will terminate if such cure is not made within the ten (10) day period. 17. FORCE MAJEURE If performance by a party is prevented, or otherwise rendered impossible, impracticable, unfeasible or unsafe, because of a Force Maj eure Occurrence, then (i) no compensation shall be payable to SHERIFF'S OFFICE, and (ii) each party shall bear its own costs. The provisions of the previous sentence shall apply unless the parties otherwise negotiate in good faith and agree on an amount of partial compensation that is reasonable and appropriate given the particular circumstances (e.g. the Force Maj eure Occurrence does not apply to all Events covered by this Agreement, or SHERIFF'S OFFICE has already begun providing services at an EVENT upon commencement of the Force Maj eure Occurrence). As between the parties, LIVE NATION shall have the sole right to determine the disposition of an Event or Events, including any suspension, cancellation or rescheduling thereof and to determine any public communications related thereto. "Force Maj eure Occurrence" means an event beyond a party's reasonable control including, without limitation, Artist illness, injury or death, fire, flooding, dangerous weather conditions, riot or civil -commotion, lockout, strike or other labor dispute, disease, epidemic, pandemic, substantial interruption in, delay or failure of necessary transportation or technical facilities, war conditions, act of public enemy or terrorism, emergencies, acts of God, destruction of or material damage to a Facility, or acts, orders, directives or regulations of public authority (including any requirements and/or recommendations of any applicable governmental authority that limit the sellable capacity of the Gorge Amphitheater). 18. CAPTIONS The Captions in the Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 2025, 2026 AND 2027 Page 7 of 8 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 &%O day of �, 2025 BOARD OF COUNTY COMMISSIONER GRANT COUNTY, W INGTON Ro it E)CGLL g&/ Cindy Carter, Vice -Chair Kevin . Burgess ember ATTE Barbara J. Vasquez, CMC Clerk of the Board Dated this � day of JOv) e 2025 LIVE NATION, INC. 4r_1 bs-, A istant— enwal_Manager, Live Nation Northwest Q AV, c� $�'kfj Gv _ MSn�r NEW KIM pail APPROVED AS TO FORM: Rebekah Kaylor Civil Deputy Prosecuting Attorney 2025, 2026 AND 2027 Page 8 of 8