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HomeMy WebLinkAbout2181 Amending Ordinance No. 2177 and Approving Law Enforcement Services and Reimbursement AgreementBILL NO. 2026-050 ORDINANCE NO. 2181 AN ORDINANCE AMENDING ORDINANCE NO. 2177 AND APPROVING A LAW ENFORCEMENT SERVICES AND REIMBURSEMENT AGREEMENT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 -APPROVAL OF AGREEMENT. The Board of Aldermen hereby approves the Law Enforcement Services and Reimbursement Agreement between the City of Riverside, Missouri, and Live Nation Worldwide, Inc., attached hereto in substantially the form presented to the Board of Aldermen, and further authorizes the Mayor to execute the same on behalf of the City, with such changes, additions, modifications, and revisions as may be approved by the Mayor and City Attorney, the execution thereof to be conclusive evidence of such approval. SECTION 2 -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 agreement authorized herein. SECTION 3 -AMENDMENT OF ORDINANCE NO. 2177. Ordinance No. 2177 is hereby amended and supplemented to approve the updated form of the Law Enforcement Services and Reimbursement Agreement between the City of Riverside, Missouri, and Live Nation Worldwide, Inc., as approved in Section 1 of this Ordinance. To the extent there is any inconsistency between the form of such agreement approved by Ordinance No. 2177 and the form approved by this Ordinance, the form approved by this Ordinance shall control. SECTION 4 -EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. 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 1st day of June 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk Docusign Envelope ID: 30C87875-FDDC-86DD-8179-23E8E82A8076 LAW ENFORCEMENT SERVICES AND REIMBURSEMENT AGREEMENT This Law Enforcement Services and Reimbursement Agreement ("Agreement") is between the City of Riverside, Missouri ("City"), and Live Nation Worldwide, Inc., a Delaware corporation ("Live Nation"). The City and Live Nation may be referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Live Nation is involved in the promotion, production, operation, or management of concerts and other entertainment events at the Morton Amphitheater located within the City of Riverside, Missouri ("Venue"); and WHEREAS, the Parties recognize that Events (as defined herein) at the Venue require additional law enforcement presence, traffic control, public safety coordination, and related services beyond the City's ordinary day-to-day staffing levels; and WHEREAS, the City is willing to provide supplemental law enforcement personnel for such Events; and WHEREAS, the Parties desire to establish the terms under which the City will assign law enforcement personnel to Events at the Venue and Live Nation will reimburse the City for the costs of such personnel and related services; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to establish a process for the City to provide supplemental law enforcement personnel for Events at the Venue and for Live Nation to reimburse the City for the costs incurred by the City in providing such personnel and related public safety services. 2. Covered Events. This Agreement shall apply to concerts conducted at the Venue for which Live Nation is the promoter, operator, manager, sponsor, producer, contracting party, or otherwise responsible for event operations, security coordination, or public safety coordination. For purposes of this Agreement, each such concert is referred to as an "Event." 3. City Law Enforcement Staffing. For each Event, the City shall be responsible for assigning sworn law enforcement officers to provide law enforcement, traffic control, crowd management support, emergency response support, and related public safety services in and around the Venue. The Parties shall mutually determine the number of sworn law enforcement officers and their respective deployment, assignments, posts and timing for each Event, the exact details of which shall be based upon Event-specific details including, without limitation, expected attendance, event type, artist profile, ticket sales, traffic impacts, prior event history, credible threats and weather conditions, emergency conditions, operational experience, or other public safety considerations. The City retains the authority to determine the supervisory structure and duties of 1 Docusign Envelope ID: 30C87B75-FDDC-86DD-8179-23E8E82A8076 the assigned officers. The City may assign officers from the Riverside Police Department and, as determined necessary or appropriate by the City, may coordinate with other law enforcement agencies for mutual aid, contracted assistance, or supplemental staffing. Any such supplemental staffing obtained by or through the City for the purpose of meeting the law enforcement needs of an Event shall be treated as reimbursable under this Agreement. 4. Additional Staffing. The City may determine, in its reasonable law enforcement judgment, that an Event requires more than the number of officers mutually agreed upon between the Parties due to an emergency response. If the City determines that additional law enforcement personnel are necessary, the City shall make reasonable efforts to notify Live Nation in advance of the Event. However, the City's failure to provide advance notice shall not limit the City's authority to assign additional personnel when necessary for public safety in the event of an emergency response. Live Nation shall reimburse the City for all additional personnel assigned by the City under this section. 5. Minimum Staffing and No Reduction Without City Approval. Nothing in this Agreement allows Live Nation to reduce, waive, replace, or substitute the City law enforcement staffing once agreed upon between the Parties without the prior written approval of the Chief of Police or the Chief's designee. Private security personnel retained by Live Nation or the Venue shall not be considered a substitute for City law enforcement personnel unless expressly approved in writing by the City. The Parties acknowledge that private security and sworn law enforcement serve different functions, and the presence of private security shall not reduce Live Nation's reimbursement obligation unless the City expressly agrees otherwise. 6. Command and Control. All law enforcement officers assigned under this Agreement shall remain employees, officers, agents, or representatives of the City or their respective public agency employer, as applicable. Such officers sha11 not be employees, agents, borrowed servants, or contractors of Live Nation. The City shall retain exclusive command, supervision, direction, and control over all law enforcement personnel assigned under this Agreement. Decisions regarding deployment, enforcement action, arrests, traffic control, emergency response, crowd control, public safety, use of force, and officer safety shall be made solely by the City and its law enforcement personnel in accordance with applicable law, City policies, mutual aid protocols, and the professional judgment of law enforcement command staff. Live Nation may communicate operational needs, event schedules, site plans, ingress and egress plans, artist schedules, anticipated attendance, security concerns, and similar event-related information to the City. However, such communication shall not give Live Nation any right to direct or control sworn law enforcement personnel. Live Nation shall provide the City, at no cost to the City, with a suitable on-site command post room or other dedicated secure space at the Venue for each Event, reasonably acceptable to the Chief of Police or the Chief's designee, for use by City law enforcement personnel for command, coordination, briefing, communications, report preparation, and related public safety functions. 7. Services Provided. The services provided by City law enforcement personnel may include, without limitation: 2 Docusign Envelope ID: 30C87B75-FDDC-86DD-8179-23E8E82A8076 a. law enforcement presence at and around the Venue; b. traffic direction and control; c. pedestrian safety and crossing assistance; d. crowd management support; e. response to criminal activity, disturbances, fights, disorderly conduct, intoxication- related incidents, trespassing, or other public safety issues; f. coordination with fire, emergency medical services, dispatch, emergency management, and other public agencies; g. security support for ingress, egress, parking, rideshare areas, public rights-of-way, adjacent streets, and other areas affected by the Event; h. command, supervisory, planning, and coordination services; 1. emergency response and incident management; and J. other law enforcement or public safety services reasonably related to the Event. The City shall not be responsible for private event security, ticket enforcement, bag checks, credentialing, backstage access control, alcohol compliance by concessionaires, internal venue rules , or other private operational functions unless separately agreed to. 8. Event Information and Advance Coordination. Live Nation shall provide the City with Event information reasonably necessary for public safety planning, including: a. Event date and scheduled performance time; b. expected attendance; c. ticket sales and capacity information; d. event type; e. site plan, parking plan, traffic plan, and ingress/egress plan; f. private security staffing plan; g. emergency action plan, if any; h. contact information for Live Nation's event manager, security manager, and on-site decision-maker; 3 Docusign Envelope ID: 30C87B75-FDDC-86DD-8179-23E8E82A8076 i. information regarding VIPs, artists, controversial performers, prior threats, expected protests, or other unusual public safety considerations known to Live Nation; and j. any other information reasonably requested by the City. Unless impracticable due to late scheduling or changed circumstances, Live Nation shall provide such information not less than thirty (30) days before each Event. Updated information shall be provided as soon as reasonably available. 9. Reimbursement Obligation. Live Nation shall reimburse the City for all costs incurred by the City in providing law enforcement personnel and related services under this Agreement. The City may calculate reimbursable personnel costs based on the applicable officer rate, overtime rate, special event rate, designated rate, or other rate established by City policy, collective bargaining agreement, personnel policy, payroll practice, or applicable law. 10 . Minimum Call-Out Period. Unless otherwise agreed by the City in writing, each officer assigned to an Event shall be billed for a minimum of four (4) hours, even if the Event ends early, is delayed, postponed, rescheduled, or canceled after officers have reported or been committed to the assignment. 11. Invoicing and Payment. The City shall invoice Live Nation following each Event, or on a monthly basis for multiple Events, at the City's discretion. The invoice shall include a reasonable summary of the personnel assigned, hours worked, applicable rates, and total amount due. Live Nation shall pay each invoice within thirty (30) days after receipt. Payment shall be made to the City of Riverside, Missouri, and delivered to such address or payment portal as the City may designate in writing. Amounts not paid when due shall accrue interest at the rate of 8% per annum. 12 . Cancellation, Postponement, or Material Change. Live Nation shall notify the City as soon as reasonably practicable if an Event is canceled, postponed, rescheduled, materially changed, or expected to have significantly different attendance or operational needs than previously represented. If an Event is canceled, postponed, rescheduled, or materially changed after the City has incurred reasonable, documented, and non-miti'gable planning, scheduling, staffing, administrative, mutual aid, or other costs, Live Nation shall reimburse the City for all such costs incurred before the City receives notice of the cancellation, postponement, rescheduling, or material change. If an Event is canceled less than twenty-four (24) hours before the scheduled officer reporting time, Live Nation shall be responsible for the minimum call-out period for all officers assigned or committed to the Event, unless waived by the City. 13. No Guarantee of Enforcement Outcome or Public Safety Result. The City shall use reasonable professional judgment in providing law enforcement services under this Agreement. However, the City does not guarantee that any Event will be free from criminal activity, injury, property damage, disorderly conduct, traffic congestion, emergency conditions, or other adverse circumstances. This Agreement does not create a special duty to Live Nation, any performer, attendee, vendor, contractor, employee, guest, invitee, or third party beyond any duty imposed by generally applicable law. 4 Docusign Envelope ID: 30C87875-FDDC-86DD-8179-23E8E82A8076 14. Private Security Remains Live Nation's Responsibility. Live Nation shall remain responsible for providing private security, crowd management, ticketing control, credentialing, bag screening, patron screening, alcohol-service monitoring, backstage security, stage-front security, internal venue security, and other private operational security functions customarily associated with concerts and entertainment events. The City's provision of law enforcement personnel shall not relieve Live Nation of its responsibility to safely plan, manage, staff, and operate each Event. 15. Cooperation and Event Safety Planning. The Parties shall cooperate in good faith regarding Event safety planning, including pre-event meetings, traffic planning, emergency access, public communications, staging areas, command posts, and post-event reviews when appropriate. Live Nation shall designate an on-site representative with authority to make operational decisions during each Event. The City shall designate a law enforcement command representative for coordination purposes. 16. Compliance with Law. Each Party shall comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and lawful orders applicable to its obligations under this Agreement. Nothing in this Agreement shall be construed to limit the City's governmental, police, regulatory, emergency, or enforcement authority . 17. Insurance. Live Nation shall maintain, or cause to be maintained, insurance coverage appropriate for the operation of concerts and entertainment events at the Venue, including commercial general liability coverage, workers' compensation coverage, employer's liability coverage, automobile liability coverage, and such other coverage as may be required by separate venue-use, license, lease, sponsorship, promoter, or event agreements. Insurance required under this section shall not be construed as a waiver of the City's sovereign immunity or governmental immunity, nor as a waiver of any limits, defenses, or protections available to the City or any other public agency or public official, officer, employee, agent, or representative under Missouri law. 18. Indemnification. To the fullest extent permitted by law, Live Nation shall indemnify, defend, and hold harmless the City, its elected officials, officers, employees, agents, and representatives, and any outside law enforcement agencies providing personnel or services in connection with an Event, together with their respective elected officials, officers, employees, agents, and representatives (collectively, "City Parties") from and against claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorney's fees (collectively, "Liabilities"), arising out of or related to: a. Live Nation's operation, promotion, production, management, or control of an Event; b. the acts or omissions of Live Nation, its employees, agents, contractors, subcontractors, vendors, performers, guests, invitees, licensees, or patrons; c. the condition, use, operation, or management of the Venue, except to the extent controlled by the City; 5 Docusign Envelope ID: 30C87875-FDDC-86DO-8179-23E8E82A8076 d. Live Nation's breach of this Agreement; or e. any claim by a third party arising from an Event, except to the extent caused by the City's negligence or willful misconduct. Notwithstanding the foregoing, Live Nation shall have no obligation to indemnify the City Parties for Liabilities that arise to the extent of a City Party's negligence or willful misconduct. The outside agencies and persons included within the definition of City Parties are intended third- party beneficiaries of this Section solely for purposes of enforcing the indemnification, defense, and hold harmless obligations set forth herein. The City does not waive, and expressly reserves, all defenses, immunities, and limitations available under Missouri law, including sovereign immunity, official immunity, public duty doctrine, and the liability limits and protections set forth in Sections 537.600 to 537.650, RSMo. The City shall not be required to indemnify or defend Live Nation. 19. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be construed as a waiver of the City's sovereign immunity, governmental immunity, official immunity, public duty doctrine, or any other defense, immunity, or limitation ofliability available to the City, its elected officials, officers, employees, agents, or representatives under federal or Missouri law. No provision of this Agreement shall be construed to expand the City's liability beyond the limits established by Missouri law. 20. Employment Status. No law enforcement officer, employee, contractor, or representative of the City shall be deemed to be an employee, agent, borrowed servant, partner,joint venturer, or contractor of Live Nation. No employee, contractor, vendor, or representative of Live Nation shall be deemed to be an employee, agent, borrowed servant, partner,joint venturer, or contractor of the City. 21. Term. This Agreement shall commence on the last date it is fully executed by both Parties and shall remain in effect through December 31, 2026, unless earlier terminated in accordance with this Agreement. The Parties may renew or extend this Agreement by written amendment approved and executed by both Parties. 22. Records. The City shall maintain records sufficient to support invoices issued under this Agreement. Such records may include staffing rosters, time records, payroll records, invoices from assisting agencies, and other cost documentation. Live Nation may request reasonable supporting documentation for an invoice. The City shall provide documentation reasonably sufficient to verify the charges, subject to any applicable closed-record provisions of the Missouri Sunshine Law, Chapter 610, RSMo. 23. Confidential or Security-Sensitive Information. The Parties acknowledge that certain law enforcement staffing plans, security plans, deployment information, threat assessments, emergency response protocols, and related materials may be considered a closed record under the Missouri Sunshine Law, Chapter 610, RSMo. Nothing in this Agreement shall require the City to 6 Docusign Envelope ID : 30C87B75-FDDC-86DD-8179-23E8E82A8076 disclose such closed records or information in a manner inconsistent with the Missouri Sunshine Law. 24 . Additional Provisions. A. Notices . All notices required or permitted under this Agreement shall be in writing and shall be delivered personally, by recognized overnight courier, by certified mail , or by email with confirmation of receipt to the following: If to the City: City of Riverside, Missouri Attn: City Administrator 2950 NW Vivion Road Riverside, Missouri 64150 Email: ---------- With copy to: Paul A. Campo Williams & Campo, P.C. 200 Unity Circle North, Suite G Lee 's Summit, Missouri 64086 Email: pcampo@publiclawfirm.com If to Live Nation: Live Nation Worldwide, Inc. Attn: Tim Burris 6150 NW Music Blvd Riverside, MO 64150 Email: TimBurris@LiveNation.com With copy to: Live Nation Worldwide , Inc . Attn: Legal Department 325 N Maple Dr. Beverly Hills , CA 90210 Email: legalhob@LiveNation.com Either Party may change its notice information by written notice to the other Party. B. Assignment. Live Nation may not assign , delegate , or transfer this Agreement without the prior written consent of the City. Any attempted assignment without City consent shall be void. C. Relationship to Other Agreements. This Agreement is limited to law enforcement services and reimbursement obligations. It does not replace, supersede , or modify any lease, development agreement, or other agreement applicable to the Venue or any Event, except to the extent expressly stated herein. If there is a conflict between this Agreement and another agreement regarding reimbursement for City law enforcement services, the provision that provides greater reimbursement protection to the City shall control unless the City expressly agrees otherwise in writing. D. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Venue for any action arising out of or relating to this Agreement shall lie exclusively in the Circuit Court of Platte County, Missouri , or, if federal jurisdiction exists , in the United States District Court for the Western District of Missouri. 7 Docusign Envelope ID: 30C87B75-FDDC-86DD-8179-23E8E82A8076 E. No Third-Party Beneficiaries. Except as expressly provided in Sections 17 and 18 with respect to certain City Parties, this Agreement is entered into solely for the benefit of the Parties. Nothing in this Agreement shall be construed to create any right, claim, cause of action, or benefit in favor of any third party, including any Event attendee, performer, vendor, contractor, employee, guest, invitee, neighboring property owner, or member of the public. F. Amendment. This Agreement may be amended only by a written instrument approved and executed by both Parties. G. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. H. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior or contemporaneous discussions, understandings, or agreements regarding City law enforcement staffing and reimbursement for Events at the Venue, except as otherwise expressly provided herein. I. Authority. Each person executing this Agreement represents that he or she has been duly authorized to execute this Agreement on behalf of the Party for whom he or she signs. J. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted electronically shall be deemed original signatures for all purposes. K. The failure of either Party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement and each Party shall be relieved of its obligations hereunder with respect to the performance so prevented. "Force Majeure Occurrence" shall be defined to include, without limitation, Acts of God, strikes, labor disputes, war, fire, earthquake, serious weather anomalies such as hurricane, tornado, cyclone, typhoon, blizzard, tidal wave, tsunami or flood, acts of public enemies, acts of terrorism, epidemic, action offederal, state or local governmental authorities, or other event or reason beyond the reasonable control of a Party that, in each case makes the non-performing Party's performance impossible or impracticable. 8 Docusign Envelope ID: 30C87875-FDDC-86DD-8179-23E8E82A8076 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below. CITY OF RIVERSIDE, MISSOURI By: /s/ Mayor Kathy Rose Name: Kathleen L. Rose Title: Mayor Date: June 5, 2026 ATTEST: By: /s/ Melissa McChesney Melissa McChesney, City Clerk LIVE NATION WORLDWIDE, INC. By: /s/ Andrew Newport Name: Andrew M. Newport Title: Regional Vice President - Operations Date: 5/29/26 9