Loading...
HomeMy WebLinkAbout2177 Approving Certain Law Enforcement Services Reimbursement and Intergovernmental Police Services Agreements in Connection with Events at Morton AmphitheaterBILL NO. 2026-043 ORDINANCE NO. 2177 AN ORDINANCE APPROVING CERTAIN LAW ENFORCEMENT SERVICES, REIMBURSEMENT, AND INTERGOVERNMENTAL POLICE SERVICES AGREEMENTS IN CONNECTION WITH EVENTS AT THE MORTON AMPHITHEATER; AUTHORIZING EXECUTION OF THE SAME; AND AUTHORIZING CITY OFFICIALS TO EXECUTE SIMILAR AGREEMENTS WITH OTHER LAW ENFORCEMENT -AGENCIES OR ENTITIES FOR EVENT-RELATED LAW ENFORCEMENT SERVICES WHEREAS, the City of Riverside, Missouri, is a Missouri fourth-class city and political subdivision of the State of Missouri; and WHEREAS, events at the Morton Amphitheater are expected to require substantial law enforcement presence, traffic control, public safety coordination, emergency response support, and related services beyond the City's ordinary day-to-day staffing levels; and WHEREAS, the City desires to ensure that adequate law enforcement staffing and public safety coordination are available for such events; and WHEREAS, the City has caused to be prepared a Law Enforcement Services and Reimbursement Agreement with Live Nation Worldwide, Inc., providing for the assignment of supplemental law enforcement personnel for certain events and reimbursement to the City for costs incurred in providing such personnel and related services; and WHEREAS, the City has also caused to be prepared intergovernmental agreements for the provision of police services with the City of North Kansas City, Missouri, the Board of Police Commissioners of Kansas City, Missouri, and Platte County, Missouri, acting by and through the Platte County Sheriff, to allow the City to obtain supplemental law enforcement personnel for events as needed; and WHEREAS, Sections 70.815 and 57 .101, RSMo, authorize certain agreements for the provision of police services and law enforcement authority between political subdivisions and law enforcement agencies; and WHEREAS, the Board of Aldermen finds that approval of the agreements and authorization for similar future agreements is necessary and appropriate to protect the public health, safety, and welfare, to support effective event-related law enforcement operations, and to allow the City to respond efficiently to public safety staffing needs associated with events at the Morton Amphitheater and other City-related events. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 -APPROVAL OF AGREEMENTS. The Board of Aldermen hereby approves the following agreements in substantially the forms attached, with such changes, additions, modifications, and revisions as may be approved by the Mayor, City Page 1 of 3 BILL NO. 2026-043 ORDINANCE NO. 2177 Administrator, Police Chief, and City Attorney, the execution thereof to be conclusive evidence of such approval: 1. Law Enforcement Services and Reimbursement Agreement between the City of Riverside, Missouri, and Live Nation Worldwide, Inc.; 2. Intergovernmental Agreement for Provision of Police Services between the City of Riverside, Missouri, and the City of North Kansas City, Missouri; 3. Intergovernmental Agreement for Provision of Police Services between the City of Riverside, Missouri, and the Board of Police Commissioners of Kansas City, Missouri; and 4. Intergovernmental Agreement for Provision of Police Services between the City of Riverside, Missouri, and Platte County, Missouri, acting by and through the Platte County Sheriff, with approval of the Platte County Commission. SECTION 2 -AUTHORIZATION TO EXECUTE APPROVED AGREEMENTS. The Mayor, City Administrator, or Police Chief is hereby authorized to execute the agreements approved in Section 1 of this Ordinance on behalf of the City, together with such related documents, amendments, certificates, notices, operational protocols, and administrative instruments as may be necessary or appropriate to implement the same, subject to approval as to form by the City Attorney. SECTION 3 -AUTHORIZATION TO EXECUTE SIMILAR AGREEMENTS. The Mayor, City Administrator, or Police Chief is further authorized to negotiate, approve, and execute similar mutual aid agreements, intergovernmental police services agreements, supplemental law enforcement staffing agreements, or other public safety assistance agreements with other law enforcement agencies, political subdivisions, public safety agencies, or governmental entities when such agreements are necessary or appropriate to provide event-related law enforcement services, police services, traffic control, public safety coordinatio11, emergency response support, or related public safety services for events occurring within or affecting the City. SECTION 4 -FURTHER AUTHORITY. The Mayor, City Administrator, Police Chief, City Clerk, and other appropriate City officials and employees are hereby authorized to take all actions necessary or appropriate to carry out the intent of this Ordinance and to administer the agreements authorized herein. SECTION 5 -EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. Page 2 of 3 BILL NO. 2026-043 ORDINANCE NO. 2177 BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 19 th day of May 2026. ATTEST: Melissa McChesnei,C" Page 3 of 3 -1 I J BILL NO. 7984 ORDINANCE NO. 9781 AN ORDINANCE ADOPTING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF POLICE SERVICES BY AND BETWEEN RIVERSIDE, MISSOURI AND THE CITY OF NORTH KANSAS CITY, MISSOURI FOR CERTAIN POLICE ASSISTANCE RELATED TO THE MORTON AMPHITHEATRE IN RIVERSIDE. WHEREAS , the City of North Kansas City, Missouri (the "NKC") is a body corporate, a third class city and political subdivision of the State of Missouri, duly created, organized and validly existing under and by virtue of the Constitution and laws of the State of Missouri; and WHEREAS, the City of Riverside, Missouri ("Riverside") is a body corporate, a fourth class city and political subdivision of the State of Missouri, duly created, organized and validly existing under and by virtue of the Constitution and laws of the State of Missouri; and WHEREAS, Riverside has proposed that NKC and Riverside enter into an intergovernmental agreement pursuant to the provisions of§ 70.815, Mo. REV. STAT., for the purpose of authorizing the use of NKC police officers to perform police duties in Riverside 's jurisdiction when necessary and appropriate to assist Riverside during events at the Morton Amphitheatre when it opens in June of 2026; and WHEREAS , by entering into this Intergovernmental Agreement for Provision of Police Services (the "Agreement") it will allow NKC police officers to retain their police powers in Riverside and maintain the officers' protections under NKC's workers' compensation coverage; and WHEREAS, Riverside and NKC desire to work cooperatively with one another for the purpose of authorizing NKC police officers to perform police duties in Riverside's jurisdiction to assist Riverside during events at the Morton Amphitheatre from time to time, as authorized by law and according to the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH KANSAS CITY, MISSOURI, AS FOLLOWS: Section 1. Appro val o f Int ergovernm ental Agreemen t. The City Council does hereby find and determine that it is in the best interests of the citizens and City of North Kansas City , Missouri, to approve and enter into the Intergovernmental Agreement for Provision of Police Services by and between NKC and Riverside in connection with NKC police officers, in certain situations, working to perform police duties in Riverside's jurisdiction to assist Riverside during events at the Morton Amphitheatre from time to time, as authorized by law and according to the Agreement and for the general purpose of preserving and protecting the health , safety, and welfare of the public, which Agreement shall be in substantially the form of "Exhibit 1", attached hereto and incorporated herein by reference. APPROVING INTERGOVERNMENTAL AGREEMENT (RIVERSIDE) MAY I 1,2026 l J Section 2. The provisions of the Agreement are hereby approved and adopted by the City Council of the City of North Kansas City, Missouri. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City of North Kansas City, Missouri. Section 3. Further Authority. NKC shall, and the mayor, city clerk, city officials and employees of NKC are hereby authorized and directed to take such further action, and execute such other documents, certificates and instruments as may be reasonably necessary to carry out and comply with the intent of this Ordinance, provided that no such action or document shall materially expand the obligations of NKC beyond those set forth in the Agreement attached hereto as Exhibit 1 without further City Council approval. Section 4. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be severable. In the event that any such section, paragraph, sentence, clause, or phrase of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that NKC has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 5. Governing Law. This Ordinance shall be governed exclusively by and construed in accordance with the applicable laws of the State of Missouri . Section 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor. PASSED this 1 026. ATTEST: c~£7 Jesse Smith, Mayor ~~£,rs== Wes Rogers, City Attorney Thomas E. Barzee, Jr., City Counselor APPROVING INTERGOVERNMENTAL AGREEMENT (RIVERSIDE) 2 MAY 11 ,2026 EXHIBIT "l" INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF POLICE SERVICES This Intergovernmental Agreement for Provision of Police Services ("Agreement") is made between the City of Riverside, Missouri, a Missouri fourth-class city and political subdivision of the State of Missouri, ("Riverside"), and the City of North Kansas City, Missouri, a Missouri third- class city and political subdivision of the State of Missouri, ("NKC"). Collectively, Riverside and NKC may be referred to herein as the "Parties." Recitals WHEREAS, Section 70.815, RSMo, authorizes political subdivisions of the State of Missouri to contract with one another for the provision of police services, which can be either general or specific services; WHEREAS, Riverside is the host jurisdiction of an event amphitheater venue located on a 135-acre site northwest of Horizons Parkway and Interstate 635 which is expected to draw upwards of approximately 16,000 to 18,000 attendees at various events ("Events") throughout the year; WHEREAS, Riverside has determined that its own police resources are insufficient to ensure public safety and law enforcement coverage during the Events; WHEREAS, North Kansas City employs duly commissioned law enforcement officers with the training and capacity to assist with law enforcement coverage during the Events; WHEREAS, Riverside desires to contract with NKC to furnish additional police personnel for public safety services at the Events, and NKC is willing to provide such services under the terms and conditions set forth herein; NOW, THEREFORE, the Parties agree as follows: 1. Scope of Service. NKC shall use reasonable efforts to authorize and make available uniformed law enforcement officers, equipped with their department-issued duty gear, to support and supplement Riverside's law enforcement resources during the Events. a. Number. The number of NKC officers, their scheduled shifts, and reporting procedures shall be coordinated between Riverside's Chief of Police and NKC's Chief of Police or their designees. b. Discretion and Voluntariness . NKC retains sole and absolute discretion to determine whether sufficient staffing and operational capacity exist to make officers available, and nothing in this Agreement shall obligate NKC to make personnel available. NKC may withdraw or reduce personnel at any time if, in the judgment of its Chief of Police or designee, continued participation would impact NKC's law enforcement operations, public safety obligations, or officer safety. NKC shall not be liable for any costs, damages, or claims arising from such withdrawal or reduction of personnel. c. Licensure and Commissioning. All officers provided by NKC must be currently commissioned and properly licensed as peace officers under Missouri POST (Peace Officer Standards and Training). d. Right to Decline Assignment. Upon consultation between the Chiefs of Police, Riverside may decline the assignment of any proposed officer from NKC to an Event. e. Vehicles and Equipment. NKC may authorize its officers to use NKC-owned patrol vehicles and equipment at the Event, subject to applicable NKC policies and insurance coverage. NKC shall maintain comprehensive vehicle and equipment insurance and shall bear sole responsibility for maintenance, damage, and liability related to such vehicles and equipment. NKC shall provide Riverside with proof of insurance upon request. Neither Party shall be responsible for damage to the other Party's vehicles or equipment unless caused by gross negligence or willful misconduct. 2. Authority and Immunities. While acting pursuant to this Agreement, NKC officers shall have the same powers of arrest as Riverside officers, and shall have the same immunity as if acting within their own jurisdiction, all as conferred by Section 70.815, RSMo. 3. Arrest and Custody Procedures. Prior to each Event, Riverside shall provide NKC officers with written protocols regarding arrest, detention, booking procedures, probable cause documentation, evidence handling, and transportation of arrestees. NKC officers shall make reasonable efforts to adhere to such protocols. Riverside acknowledges that NKC officers' good faith compliance with such protocols shall not give rise to liability against NKC or its officers. Unless otherwise directed by Riverside's on-scene command structure, all arrestees taken into custody by NKC officers shall be transported to the designated Riverside detention or holding facility, where custody shall be formally transferred to Riverside personnel. NKC officers shall complete any required arrest reports, witness statements, and incident documentation in a timely manner and in a format acceptable to Riverside's prosecuting authority. Evidence seized by NKC officers during the Event shall be packaged, labeled, and transferred in accordance with Riverside's chain-of-custody procedures and logged into Riverside's designated evidence control system. 2 4. Employer. NKC officers shall remain employees of NKC for all employment-related purposes, including but not limited to workers' compensation, compensation and benefits, and disciplinary authority. 5. Command. While assigned to the Events, NKC Officers shall remain under the supervision of NKC's designated supervisory officer(s), who shall coordinate closely with Riverside's on- scene command personnel. Riverside's Chief of Police or his designee shall retain overall incident command authority for the Events, including authority to set event-wide enforcement priorities and coordination strategies. a. Media. NKC officers shall refer all media inquiries regarding the Event or law enforcement operations to Riverside's designated public information officer. b. Coordination with Other Agencies. NKC and Riverside agree to cooperate and coordinate with other law enforcement agencies operating at the Event, including federal, state, and county agencies, to the extent practical and appropriate. Riverside shall be responsible for identifying and facilitating communications with other participating agencies. 6. Compensation. Riverside shall reimburse NKC for all costs incurred in connection with the police services authorized under this Agreement. a. Invoicing. NKC shall submit an invoice to Riverside within thirty (30) days following the conclusion of each Event. The invoice shall include an itemized list of officers assigned, the number of hours worked by each, the actual wages paid to each officer for such hours (whether straight-time or overtime, as applicable), the calculation of the sixteen percent (16%) employer cost and overhead amount applied to such wages, and the total amount due. b. Payment. Riverside shall remit full payment to NKC within thirty (30) days of receiving a proper and complete invoice. Any payment not made within thirty (30) days shall accrue interest at the rate of 9% per annum or the maximum rate permitted by law, whichever is less. Riverside's obligation to compensate NKC shall be absolute and independent of any third- party reimbursement arrangements. Failure to make timely payment shall constitute a material breach of this Agreement and may result in immediate suspension of services by NKC upon written notice. c. Compensation. As full compensation for services rendered under this Agreement, Riverside shall reimburse NKC for the actual wages paid to each officer for time worked in connection with the event, whether at straight-time or overtime rates, as applicable under NKC's 3 compensation policies and any applicable collective bargaining agreement. In addition to reimbursement of actual wages paid, Riverside shall pay an additional sixteen percent (16%) of the total wages reimbursed to cover associated employer costs, including but not limited to FICA and Medicare contributions, pension contributions, workers' compensation premiums, insurance, administrative overhead, supervision, payroll processing, and related indirect costs. The sixteen percent (16%) amount is intended to represent a reasonable approximation of employer burden and overhead and shall be applied uniformly to the total wages paid. No separate line-item reimbursement for individual benefits, taxes, or overhead categories shall be required or calculated. 7. Liability. Each Party shall be solely responsible for the acts and omissions of its own officers and employees. NKC shall maintain workers' compensation coverage for its officers and shall be solely responsible for any workers' compensation claims arising from their service under this Agreement. Neither Party shall be liable for injuries to the other Party's officers or employees, or for employment-related claims arising from their service under this Agreement, except as expressly required by Missouri law. Each Party shall be responsible for the acts and omissions of its own officers and employees while performing services under this Agreement, subject to any immunities or limitations of liabilities provided by Missouri law. 8. No Waiver of Immunity. Nothing in this Agreement shall be deemed a waiver of sovereign or official immunity by either Party or any officer or employee thereof. 9. Term and Termination. This Agreement shall become effective on the date last executed by the Parties and shall remain in effect until terminated in writing. Either Party may terminate this Agreement upon 30 days' written notice to the other Party. 10. The Parties' Relationship. Nothing in this Agreement shall be construed to create a partnership, joint venture, employer-employee relationship, or agency relationship between the Parties. Neither Party shall have the authority to bind or obligate the other Party or its personnel in any manner unless expressly authorized by this Agreement. 11. Notification of Claims and Cooperation. Each Party shall notify the other in writing within five (5) business days of receiving notice of any claim, demand, lawsuit, administrative action, or other legal proceeding arising out of or related to law enforcement activities conducted under this Agreement. Failure to provide timely notice shall not relieve either Party of its obligations under this Agreement but may reduce or eliminate the other Party's obligations to 4 defend or indemnify to the extent such delay prejudices that Party's ability to defend against such claims. Such notice shall include a general description of the nature of the claim and any known facts reasonably necessary to assess potential liability or involvement. The Parties agree to cooperate in good faith in the investigation and response to such matters, including providing access to relevant personnel, documents, and records, to the extent permitted by law and subject to applicable privileges. Nothing in this Section shall be construed to waive any right to assert sovereign immunity, official immunity, or any applicable defense. 12. Additional Provisions. a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Venue shall be Platte County, Missouri. b. Amendments. This Agreement may only be amended in writing, duly executed by authorized representatives of both Parties. c. No Third-Party Beneficiaries. This Agreement is not intended to confer any rights or remedies upon any third party. d. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. e. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into and made a part of this Agreement as if fully set forth herein. The Parties agree that the Recitals accurately reflect the intent and factual basis for entering into this Agreement. 13. Mutual Cooperation. The Parties agree to cooperate in good faith to ensure the effective planning and execution of law enforcement services during the Events, including prompt communication of operational concerns or adjustments as needed. 14. Unanticipated Issues and Good Faith Engagement. The Parties recognize that this Agreement may not address every issue that could arise during its performance. Accordingly, the Parties (primarily through their respective Chiefs of Police or their designees) agree to meet and confer in good faith to address any matter not expressly covered herein. However, no such discussion or informal agreement shall modify the terms of this Agreement unless set forth in a written amendment duly executed by both Parties. 5 INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF POLICE SERVICES This Intergovernmental Agreement for Provision of Police Services ("Agreement") is made between the City of Riverside, Missouri, a Missouri fourth-class city and political subdivision of the State of Missouri, ("Riverside"), and the Board of Police Commissioners of Kansas City, Missouri as governing body of the Kansas City, Missouri Police Department ("KCPD"). Collectively, Riverside and KCPD may be referred to herein as the "Parties." Recitals WHEREAS, Section 70.815, RSMo, authorizes political subdivisions of the State of Missouri to contract with one another for the provision of police services, which can be either general or specific services; WHEREAS, Riverside is the host jurisdiction of an event amphitheater venue located on a 135-acre site northwest of Horizons Parkway and Interstate 635 which is expected to draw upwards of approximately 16,000 to 18,000 attendees at various events ("Events") throughout the year; WHEREAS, Riverside has determined that its own police resources are insufficient to ensure public safety and law enforcement coverage during the Events; WHEREAS, KCPD employs duly commissioned law enforcement officers with the training and capacity to assist with law enforcement coverage during the Events; WHEREAS, Riverside desires to contract with KCPD to furnish additional police personnel for public safety services at the Events, and KCPD is willing to provide such services under the terms and conditions set forth herein; NOW, THEREFORE, the Parties agree as follows: 1. Scope of Service. KCPD shall use reasonable efforts to authorize and make available uniformed law enforcement officers, equipped with their department-issued duty gear, to support and supplement Riverside's law enforcement resources during the Events. a. Number. The number of KCPD officers, their scheduled shifts, and reporting procedures shall be coordinated between Riverside's Chief of Police and KCPD's Chief of Police or their designees. b. Discretion and Voluntariness. KCPD retains sole and absolute discretion to determine whether sufficient staffing and operational capacity exist to make officers available, and nothing in this Agreement shall obligate KCPD to make personnel available. KCPD may withdraw or reduce personnel at any time if, in the judgment of its Chief of Police or designee, continued participation would impact KCPD's law enforcement operations, public safety obligations, or officer safety. KCPD shall not be liable for any costs, damages, or claims arising from such withdrawal or reduction of personnel. c. Licensure and Commissioning. All officers provided by KCPD must be currently commissioned and properly licensed as peace officers under Missouri POST (Peace Officer Standards and Training). d. Right to Decline Assignment. Upon consultation between the Chiefs of Police, Riverside may decline the assignment of any proposed officer from KCPD to an Event. e. Vehicles and Equipment. KCPD may authorize its officers to use KCPD-owned patrol vehicles and equipment at the Event, subject to applicable KCPD policies. KCPD shall bear sole responsibility for maintenance and ordinary wear and tear related to such vehicles and equipment. Riverside acknowledges KCPD is uninsured and may resolve claims by paying them directly from its budget, submitting them to the Office of the Attorney General pursuant to Section 105.726 of the Revised Statutes of Missouri, through a request for indemnification pursuant to paragraphs 7 and 11 of this Agreement, or through any other process provided for by law or ordinance. Neither Party shall be responsible for damage to the other Party's vehicles or equipment unless caused by gross negligence or willful misconduct. 2. Authority and Immunities. While acting pursuant to this Agreement, KCPD officers shall have the same powers of arrest as Riverside officers, and shall have the same immunity as if acting within their own jurisdiction, all as conferred by Section 70.815, RSMo, 3. Arrest and Custody Procedures. Prior to each Event, Riverside shall provide KCPD officers with written protocols regarding arrest, detention, booking procedures, probable cause documentation, evidence handling, and transportation of arrestees. KCPD officers shall make reasonable efforts to adhere to such protocols. Riverside acknowledges that KCPD officers' good faith compliance with such protocols shall not give rise to liability against KCPD or its officers. Unless otherwise directed by Riverside's on-scene command structure, all arrestees taken into custody by KCPD officers shall be transported to the designated Riverside detention or holding facility, where custody shall be formally transferred to Riverside personnel. KCPD officers shall complete any required arrest reports, witness statements, and incident documentation in a timely manner and in a format acceptable to Riverside's prosecuting authority. Evidence seized by KCPD 2 officers during the Ev~nt shall be packaged, labeled, and transferred in accordance with Riverside's chain-of-custody procedures and logged into Riverside's designated evidence control system. 4. Employer. KCPD officers shall remain employees of KCPD for all employment-related purposes, including but not limited to workers' compensation, compensation and benefits, and disciplinary authority. 5. Command. While assigned to the Events, KCPD Officers shall remain under the supervision of KCPD's designated supervisory officer(s), who shall coordinate closely with Riverside's on-scene command personnel. Riverside's Chief of Police or his designee shall retain overall incident command authority for the Events, including authority to set event-wide enforcement priorities and coordination strategies. a. Media. KCPD officers shall refer all media inquiries regarding the Event or law enforcement operations to Riverside's designated public information officer. b. Coordination with Other Agencies. KCPD and Riverside agree to cooperate and coordinate with other law enforcement agencies operating at the Event, including federal, state, and county agencies, to the extent practical and appropriate. Riverside shall be responsible for identifying and facilitating communications with other participating agencies. 6. Compensation. Riverside shall reimburse KCPD for all costs incurred in connection with the police services authorized under this Agreement. a. Invoicing. KCPD shall submit an invoice to Riverside within thirty (30) days following the conclusion of each Event, or on other schedule mutually agreed upon in writing by the Parties. The invoice shall include an itemized list of officers assigned, the number of hours worked by each, the actual wages paid to each officer for such hours (whether straight-time or overtime, as applicable), the calculation of the any employer cost and overhead amount applied to such wages, and the total amount due. b. Payment. Riverside shall remit full payment to KCPD within thirty (30) days of receiving a proper and complete invoice. Any payment not made within thirty (30) days shall accrue interest at the rate of 9% per annum or the maximum rate permitted by law, whichever is less. Riverside's obligation to compensate KCPD shall be absolute and independent of any third- party reimbursement arrangements. Failure to make timely payment shall constitute a material breach of this Agreement and may result in immediate suspension of services by KCPD upon written notice. 3 c. Compensation. As full compensation for services rendered under this Agreement, Riverside shall reimburse KCPD for the actual wages paid to each officer for time worked in connection with the event, whether at straight-time or overtime rates, as applicable under KCPD's compensation policies and any applicable collective bargaining agreement. In addition to reimbursement of actual wages paid, Riverside shall an amount necessary to cover associated employer costs, including but not limited to FICA and Medicare contributions, pension contributions, workers' compensation premiums, insurance, administrative overhead, supervision, payroll processing, and related indirect costs. The amount for administrative overhead, supervision, payroll processing, and related indirect costs shall not exceed $28 per Event worked per officer, an amount intended to represent a reasonable approximation of employer burden and overhead. No separate line-item reimbursement for individual benefits, taxes, or overhead categories shall be required or calculated. 7. Liability. KCPD acknowledges Riverside has entered into an agreement with Live Nation Worldwide, Inc., which provides for indemnification of outside law enforcement agencies providing personnel or services in connection with Events, together with their respective elected officials, officers, employees, agents, and representatives. As more fully set forth in paragraph 11 of this Agreement, if KCPD becomes aware of claims, demands, damages, losses, liabilities, judgments, settlements, costs, or expenses, including reasonable attorney's fees arising out of the services provided by KCPD or its employees under this Agreement, then KCPD shall notify Riverside, so that Riverside may coordinate submission of the matter to Live Nation. KCPD shall maintain workers' compensation coverage for its officers and shall be solely responsible for any workers' compensation claims arising from their service under this Agreement. Neither Party shall be liable for injuries to the other Party's officers or employees, or for employment-related claims arising from their service under this Agreement, except as expressly required by Missouri law. 8. No Waiver of Immunity. Nothing in this Agreement shall be deemed a waiver of sovereign or official immunity by either Party or any officer or employee thereof. 9. Term and Termination. This Agreement shall become effective on the date last executed by the Parties and shall remain in effect until terminated in writing. Either Party may terminate this Agreement upon 30 days' written notice to the other Party. 10. The Parties' Relationship. Nothing in this Agreement shall be construed to create a partnership, joint venture, employer-employee relationship, or agency relationship between the 4 Parties. Neither Party shall have the authority to bind or obligate the other Party or its personnel in any manner unless expressly authorized by this Agreement. 11. Notification of Claims and Cooperation. Each Party shall notify the other in writing within five (5) business days of receiving notice of any claim, demand, lawsuit, administrative action, or other legal proceeding arising out of or related to law enforcement activities conducted under this Agreement. Failure to provide timely notice shall not relieve either Party of its obligations under this Agreement but may reduce or eliminate the other Party's obligations to defend or indemnify to the extent such delay prejudices that Party's ability to defend against such claims. Such notice shall include a general description of the nature of the claim and any known facts reasonably necessary to assess potential liability or involvement. The Parties agree to cooperate in good faith in the investigation and response to such matters, including providing access to relevant personnel, documents, and records, to the extent permitted by law and subject to applicable privileges. Nothing in this Section shall be construed to waive any right to assert sovereign immunity, official immunity, or any applicable defense. 12. Additional Provisions. a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Venue shall be Platte County, Missouri. b. Amendments. This Agreement may only be amended in writing, duly executed by authorized representatives of both Parties. c. No Third-Party Beneficiaries. This Agreement is not intended to confer any rights or remedies upon any third party. d. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. e. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into and made a part of this Agreement as if fully set forth herein. The Parties agree that the Recitals accurately reflect the intent and factual basis for entering into this Agreement. 13. Mutual Cooperation. The Parties agree to cooperate in good faith to ensure the effective planning and execution of law enforcement services during the Events, including prompt communication of operational concerns or adjustments as needed. 5 14. Unanticipated Issues and Good Faith Engagement. The Parties recognize that this Agreement may not address every issue that could arise during its performance. Accordingly, the Parties (primarily through their respective Chiefs of Police or their designees) agree to meet and confer in good faith to address any matter not expressly covered herein. However, no such discussion or informal agreement shall modify the terms of this Agreement unless set forth in a written amendment duly executed by both Parties. 15. Mutual Aid. This Agreement is intended to serve as an agreement within the meaning of Section 70.815, RSMo, and to the extent applicable, any other provision of Missouri law authorizing intergovernmental cooperation for public safety purposes. ······*········· .. ·• * * •· .. . . .... •· .. {S EAL ) . . ~ : ·. .. . . •· ... * * * ... ·• ••••·······•••• City of Riverside, Missouri: By: f ~;;hJ!AJ)(~__, 'Nam e: Kathleen L. Rose Title: Mayor Dated: ju r1R ?, A2)(p Attest: fr'../4m&/ V'.11 ~~ Melissa McChesney, Ci{1 Clerk Board of Police Commissioners of Kansas City, Missouri: By: -A<-+; ~u~~-1-o} ro h UL Name& ;:foJ. e I ti-t,\ .f't B I i---1 Title: Pr l e.of Dated: w / , / 'h,'i.-0 I l 6