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Addendum to 2022-2024 Law Enforcement Services Agreement
This Addendum to 2022-2024 Law Enforcement Services Agreement (hereinafter referred to as
"Addendum") is made and entered into as of - 1._?, by and between the Grant County
Sheriff's Office, (hereinafter referred to as "the Sheriff's Office") and,, Live Nation Worldwide, Inc.,
(hereinafter referred to as "Live Nation "), collectively referred to as the "Parties", both of whom agree to
be bound both by this Addendum and the 2022-2024 Law Enforcement Services Agreement ("Original
Agreement").
Addendum Conditions: This Addendum is by and between the Parties with regard to Traffic Control and
Law Enforcement Costs (including overtime). This Addendum shall amend the Original Agreement
entered into as of June 7t", 2022 , a copy of which is attached as Attachment A. This is the first
Addendum to the original contract.
Through this Addendum, the Parties agree to change to the existing Contract:
Adding language that would allow the Grant County Sheriff's Office to pay Washington State Patrol
detectives to assist with conducting undercover operations on an as needed basis.
The Parties amend Clause 3 of the Original Agreement to include the following terms:
WSP shall provide undercover commissioned law enforcement staff and assigned vehicle(s) for law
enforcement services for special events as coordinated between the WSP and the Sheriff's Office,
occurring within or proximal to the Gorge Amphitheatre which is subsequently managed by Live
Nation.
Live Nation will pay for WSP staff at their overtime rate for shifts spent policing 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.
All WSP commissioned law enforcement staff will be compensated at their overtime rates (via labor
agreements to include benefits). The rate of pay for WSP personnel assigned to the Gorge shall be
within a range of $138.48 per hour to $160.24 per hour depending on the specific law enforcement
officers' assignment, tenure, and/or rank.
Additional Addendum Terms:
1. This Addendum may be amended by mutual consent of both Parties. This Addendum may be
altered or amended only by a subsequent agreement executed in writing by the Parties. This
Addendum shall be constructed in accordance with and governed by the laws of the State of
Washington
2. This Addendum shall be binding upon the parties hereto, including their heirs, successors,
assigns, executors, and personal representatives.
3. If any term, condition, or other provision of this Addendum is found to be invalid or incapable of
being enforced by any court of competent jurisdiction, all other terms, conditions, and
provisions of this Addendum shall nevertheless remain in full force and effect.
Addendum
Page 1 of 2
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 this agreement.
Executed this day of , 2023
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Rob Jones, Chair
Cindy Carter, Vice -Chair
Danny E tone, Member
ATTEST:
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Barb ra J. Vasq z
Clerk of the Board
Approved as to form:
Rebekah Kaylor, WSBA #53257
Civil Deputy Prosecuting Attorney
Date: IL 5- 2
Addendum
Page 2 of 2
Executed thisI /day of�, 2023
LIVE NATION WORLDWIDE, INC.
D.P. Wilde, Senior Vice President
Live Nation Northwest
Attachment A
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THIS AGREEMENT (the Agreement) is made and entered into by and between the
f0llOwing: The GRANT COUNTY HER 'S OFFICE (the SHERIFF'S OFFICE), a political
subdivisi on of the State of Washington, and I Uve Nab m Wbddwi4* Inc.. (LIVE NATION), a
Delaware corporation doing business in the State of Washington.
RECITALS:
MEREAS, 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
WIIEREAS., the SHERIFFS OFFICE 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 desffes 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
WIIEREAS, the parties hereto desire to memorialize their agreements.
NOW, THEREFORE, in consideration of the mutual promises contained hers and other
good and valuable consideration, the parties agree as follows:
I . ATTENDAN CE LMaT
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 conmrts/events, LIVE- NATION agrees to limit total
attendance to twenty-seven thousand five hundred (27,500) people per concedlevent day.
Attendance is defined as the actual "drop eounf' which includes all persons physically
attending the event holding either paid or complimentary tickets.
Attendance Lits may be increased during the term of this agreement should any
Government issued license, permit or zom*ng chan= allow for a greater attendance limit
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2022 2023 AND 2024 LAW ENFORCEMENT SERVICES AGRM%fMNTT Page I of 7
P'(017y. CD M-PAUTSIONFR9
2. COMPLALNITS
The SHERIFT'S OFFICE agrees to refer all nien-criminal complaints regarding the
concerts and events to local LIVE NATION management and to its on-site, private security
•
firm, where appropnate.
3. TRAFFIC CONTROL ANrD LAW ENFORCEMENT COSTS (including overtime)
I
The actual number of Deputies to be assigned for an event will be made by the SHERIFFS
OFFICE after LIVE NATION and SHES OFFICE 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 SHERIFF'S OFFICE in agreement
with LWE NATION, based on projected attendance, provided said projections are gioven
to the SHERIFF"S OFFICE a e `mum of one (1) month 'in advance of said event/concert.
The SHERIFF'S OFFICE will pro -vide law enforcement personnel based on estimated
attendance figures coupled with the type of audience antiCIP * ated. LIVE MkTION and the
SHERIFF" S OFFICE agree to meet regularly prior to events to discuss internal security
and extemal staffing for SHERUFF'S OFFICE policing during, after and immediately
preceding Gorge events.
(A.) LIVE NATION will pay for non-exempt deputies at their overtime rate and exempt
deputies a flat -rate for shifts spent policing the area at or nearby the Gorge during event
days or evenings, Nvhen mutually agreed upon between LIVE NATION and the
SHERIFF'S OFFICE. Billing for the aforementioned expense will be directed to LIVE
NLATIONP s Northwest office located at 100 S g St., Suite 320, Seattle, WA 98104. An
"exempt deputy" refers to a deputy not entitled to 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 tmexpected 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
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ko. handled by law enf brcoennent and otaters witht Junisaictiwn. If Vith;t Utrty "ION A
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the emergency has been resolved and LIVE NATION has been presented with a it for
costs related to same, LIVE NATION will undertake a good faith evaluation regarding its
payment of costs associated with said emergency call outs'Including personnel and
equipment. LIVE NATION" s review of costs M this regard will include, but is not limited
to, costs associded Width State, Federal, SHERIFFS OFFICE and city personnel.
Billing information will be provided to LIVE NATION, by the Sheriff s Office monthly.
Payinent shall be made by LIVE NATION' xx-rithin ten (10) days after revel the billing
from the SHEREFF'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 year, with an
anticipated increase each year. The current 2022 rate of pay for law enforcement personnel
assigned to the Gorge shall be within a range of $67 per hour to $1
27 per hour- depending
on the specific deputies' assigmuent, 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 $74 per hour to
2022 2023. ND 2024 LAW ENFORCEN-MNIT SERVICEag S AGREEMEN7 PIf
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S112per hour. In the event that the SHERIFF'S OFFICE is unable to meet the necessary
staffln,gr levels with ffill-time deputies, they Nvill augment the staffing levels with re me
A 100-
deputies. The current 2022 rate of pay for re'serve- d6oddes-'-s $5 �. -- i per o-ur.
Exempt deputies, will be compensated at the following flat rates with an Increase
each year;
> 2022—S13 0 per hoiz;
> 2023—$13 8 per hour; and
> 2024—S 146 per hour.
LIVE NATIUNTagrees 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 desipee as an "add iti. onal" person to operate the j ail van, on an "as neede&l basis when
mutually agreed upon between LIVE NATION and the SHERIFF'S OFFICE. LIVE
NATION will provide the SHERIFFS OFFICE with 4con site" office space to allow for a
dispatch center for all concerts and events on the same or substantially similar: basis as was
pro ded 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 eVSY') headquarters m- 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 Wil provide the necessary computer to operate the aforementioned
dispatch center. LIVE NATION shall compensate one (1) dispatcher, as designated by the
SHERIFF' S OFFICE: -I Will be compensated at theiii overtime rate (via labor
agreements to include benefits). The overtime rate will range $52 W.180".:per hour
depending upon base rate of that employee assigned to provide dispatch servims. High
m. aintenance concerts- and/or events may require two (2) dispatchers. LIVE NATION will.
directly compensate the SHERIFF'S OFFICE for a "seconV d* atcher when mutually
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agreed upon between the SHERIFF'S OFFICE and LIVE -NLTATION.
Compensation limits Nxi-ill be increased during the tenn of this agreement should any
collectivebargaim"g agreements (CBS.) and/or specific assignments direct increases m
salaries for those specifically affected employees. The SHERIFFS OFFICE will keep
DIVE NTA TION informed of any changes to the CBA that affects these rates of pay.
LIVE NATION agrees to reimburse the SHERIFF'S OFFICE for their use of Grant County
owned vehicles used for the pose of providing law enforcement services for LIVE
NATION,,-, events. LIVE NATION agrees to reimburse the SBEAF' S OFFICE at a rate
of one hundred dollars ($ 100.00) per day per vehicle,
LIVE NATION, agrees to pay an administrative fee of I% for the Sheriffs 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 wiU be included with the monthly billing.
2022, 2023 AND 2&24 LAW ENFORCEMENT SERVICES AGREE. ME NTT Page 3 of 7
4. PUBLIC SAFETY LIAISONS
LIVE NATION agrees to appoint and maintain a security liaison to direct its Gorge
Campground security staff. The SBERIF F'S OFFICE agrees to designate a comnussioned
laxN-- enforcement officer (sergeant) ftom its staff, to serve tbroughout the year as its,
prmcipal liaison With the Ampbitheater and the Gorge Campground. The SHERIFF"S
OFFICE will commission a substation at the Gorge Camp
office. Both parties agree
that their liaisons shaU be present at each Ampbit heater concert and/or event and shall
regularly coordinate monthly meetings and shall exchange information on the event before
and after.
5. PRI[VATE SECUR, ITY
L1AT10jN.T 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 lu"M'tation,, the Gorge Campground. This intemal
security staff will be used to control traffic, parking and internal order and shall be under
the overall direction of the Amphitheater security liaison.
LIVE NATION agrees to distribute public information -via the internee or M, 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 beha-vior
rang from expulsion from the Amphitheater and/or the Gorge Campground, fees or
possible incarceration. This notice will also emphasize that illegal use of drugs or alcohol
is strictiv hibited M' the Amphitheatre and Campgrounds and pro -vide information
- - 0 Pro
regarding ingress and egress to the Amphitheatre and Campground and any other local
in.: onnation deemed pertinent or useful to the patrons by LIVE NATION such as hotels
and local servi%ces.
'Mi- MINKIVA''
Within ninety (90) days followmmg the final concert or event of each season, the parties will
meet to review the effectiveness of this Agreement over the past season.
��- A 3011 � I i
LIVE NATIONmay not assign its rights or obligations under this Agreement to an
unaffiliated third party without the prior wn'tten' consent of the SHERIFFS OFFICE.
No failure of the SHERIFF'S OFFICE or LIATE NATION to ins-ist on the strictest
performance of any term of this Agreement shall constitute a waiver of any such term or
an abandonment of this Agreement.
2022 2023 AND 2024 LAW ENIFORCMEN 7 SERNITCE S RE-EMEINTT
Pagre 4 of 7
Each party shall be responsible for claims and/or damagres to persons and/or property
resulting ftom its own negligence and/or its officers-, employees and/or agents. Neither
party shall be responsible for claims ancYor 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 0ifficers employees and/or agents, PROVIDED: in the case of negligence of more than
I M
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 fight to seek contribution
from the other party in pro -portion to the percentage of negligence attributable to each of
the parties.
PROVIDED: LIVE NATION shall in the SHE 's OFFICE as to security
related issues. LIVE NATION may discharge its responsibilities M' this re ard by and
9 W
through a "private security providee' for LIVE NATION, currently Starplex, and cause the
SHERIFF'S OFFICE to be named as an additional insured for those claims which 11 111
is claimed against the SHERIFF'S OFFICE and/or GRANT COUNTY 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 SHERIFF"S OFFICE, based on actions and/or
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ornissions of the Private secunty provider. Such certificate of insurance will not apply to
those circumstances where acts'and/or omissions by the SHERIFF S OFFICE form tie
h
sole basis for any claim or part of any claim.
(A.) Ind cation Ins ranee I
Du, m*g the life o`t s Agreement, and for liability origm*ating tom this Agreement,
LIVE NATION or its private security proNrider) shall maintam" m"surance coverage,
including without lirm*tation, errors and omissions, and negligence, M' the
performance of this Agreement or security related to concerts/events. Such
insurance s name the SHERIFF'S OFFICE as an additional 'msurd and hold
harmless and indemnify the S-HERIFF'S OFFICE and its deputies, employees and
agents ftom any and aH Ciaims resuitmg from those clahns which hdbility is claimed
against the SHERIFF'S OFFICE as the result of the actions and/or failures to act,
of the �..te security provider for LIVE NATION or where the private security
provider is named as an agent of the SIM RIFF'S OFFICE, based on the actions
and/or omissions of the pnivate securiqr provider. The aforementioned m*surance
may be obtained from, any ms ranee company authorized to do business in the State
of Washington and shall have policy hmits of One Million and N'o/100 Dollars
($1,000,000.00) or more. 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 m'surance is in fall force and effect, and that such
insurance will not be canceled during the time period LIVE NATION has to ffiUy
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 jun"sd.iction. Said msurance company shall be required to give the
SHERIFF'S OFFICE written notice within seventy-tvo (72) hours if the policy is
20227 2023 -AND 2024 LAW ENTORCEMENTIT SE-RVICES. k
GREh-NjjjEN7 Page 5 of 7
canceled or othem--ise terminated for anv reason, including without Umitation nen-. a 0
payment of premium -
01W
This Agreement constitutes the complete agreement amoniz the parties hereto with respect
to the subject matter herein and supersedes all
. Pnor agreements, contracts and
understandings, Witten 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 contaffied herein.
No modification, amendment or ten ination of this Agreement shall be valid and effective
unless evidenced by an agreement M writing si gned by the parties.
*1171-1110111#
If any term,, provision, covenant or condition of this Agreement should be held by a court
of co m- petent jurisdiction to be invalid, void or unenforceable, the remainder of this
Agreement shalll continuein fall force and effect and shall in no way be affected, impaired
or invalidated thereby.
This Agreement shall be govemed by the laws of the State of Washington.
The term of this Agreement shall be for the 2022., 2023, and 2024 concert/calendar years,
January 1, 2022 through December 3 1 , 2024.
15. RELATIONSMP TO OT COUNTY PERNHUT-S AND APPROVALS
The parties agree that execution of this Agreement has no effect on any vested is 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 N re :am m effect.
The Captions in the Agreement are for convemence only and do not in any way li-imit or
amphfy the provisions of this Agreement.
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20723 202273 AND 2024 LAW ENFORCEMEINTSER-krICES kGRFX-.
,MENT
L Pagp 6 of 7
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
V
authon*ty to execute AGREEMENT.
Executed this day of jYj,-P.,/ 2022
mm, M�N all 0
# ME
Tom Jones., Sherid��
Grant County Sheriffs Office
/A est:
Bib a J. Vas-qu rk e Board
I,
Approved As To Form.-
Rebekah M. KaylorVSBA 53257
Chief Civil Deputy Prosecuting Attorney
Date: 1,2:2,
Executed tis day o A 2022
LIW. NATION-;, INC.
D.P. Wilde, Senior Vice President,
Live Nation Northwest
20227 2023 AND 2024 LAW ENFORCEMENT SERVICES AGRE-E-NIEN7 Page 7 of 7