HomeMy WebLinkAboutResolutions - 1986.05.22 - 10778MISCELLANEOUS RESOLUTION # 86146
May 22 1 1986
BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR ASSISTANCE BY SHERIFF'S
DEPARTMENT AT PINE KNOB THEATRE, INC. - TRAFFIC CONTROL
1986 SEASON
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the operators of Pine Knob Theatre, Inc. have requested
the Oakland County Sheriff's Department to supply patrol officers to assist in
traffic control at the theatre for the upcoming 1986 season; and
WHEREAS, the Sheriff's Department has agreed to supply such patrol
officers on an availability overtime hourly basis, the number of man-hours to
be determined by the Sheriff's Department; and
WHEREAS, the County of Oakland shall be reimbursed for such services
by the operator of Pine Knob Theatre, Inc. at the hourly rate of $27.18 for the
1986 season, as was established by Miscellaneous Resolution #86039.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners approve the execution of the attached contract consistent with
provisions contained therein.
Mr. Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
HERt#Y APPROVE'THE FOREGOING RESOLUTION
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REFERENCE:
Oakland County Board of Commissioners
Miscellaneous Resolution #
Date:
AGREEMENT
This agreement, made and entered into this 5th day of May, 1986, by
and between the County of Oakland, a Michigan Constitutional Corporation,
hereinafter called "County", and Pine Knob Theatre, Inc., hereinafter called
"Pine Knob", and
WHEREAS, Pine Knob is the operator of a summer theatre facility in Inde-
pendence Township and the County of Oakland; and
WHEREAS, Pine Knob, due to the absence of sufficient police traffic services
by Independence Township, and in recognition that said traffic services are
required on the public roads, hereby contracts with the County of Oakland
to assure against the lack of said traffic control on public streets adjacent
to Pine Knob Theatre. Nothing in this agreement is to be construed as a waiver
by Pine Knob of its rights to pursue litigation against local government entities
of Independence Township or others to assure compliance with existing Michi-
gan State Laws; and
WHEREAS, Pine Knob agrees that staffing will be at the discretion of the
Sheriff's Department with regard to traffic assignments on the public roads
adjacent to Pine Knob Theatre at times before and after performances at said
theatre; and
WHEREAS, the County is agreeable to provide a number of officers that
the Oakland County Sheriff's Department may have available for such purposes
for the consideration hereinafter set forth.
NOW THEREFORE in consideration of the mutual promises of the parties
hereto, it is agreed as follows:
1. During the 1986 season at Pine Knob, for each theatre performance
and reasonable times immediately before and after such performances the County
will provide, under this agreement, patrol officers to provide traffic control
on the public roads adjacent to the Pine Knob Theatre and during the concert
to provide patrols in the Pine Knob parking lot to control loitering.
2. Pine Knob shall pay to the County for such services the sum of $27.18
per hour for each deputy furnished by the County including court time.
3. Pine Knob shall supply to Oakland County Patrol Officers, at Pine
Knob expense, barriers and batteries to be used in flashlights for traffic control
on the public streets adjacent to the Pine Knob Theatre.
4. Pine Knob shall supply all parking, road and informational signs
as required by Independence Township.
5. Pine Knob shall provide an emergency exit for police and fire vehicles
as required by Independence Township.
6. Pine Knob will agree to close down the Pine Knob Road exit and
route all traffic down Sashabaw Road.
7. The County shall bill Pine Knob through: Pine Knob Theatre, Inc.,
c/o Fisher Theatre, Fisher Building, Detroit, Michigan 48202, Attention: Larry
Simon, for such services on a monthly basis at the end of each month beginning
June 30, 1986 and Pine Knob shall pay such bill 15 days after billing. Interest
of 1% each month shall be paid on any outstanding balance from and after due
date until paid.
8. County shall comply with all laws, ordinances, rules, regulations
and orders of any public authority bearing on the performance of the work
to be performed by the County.
9. County shall be responsible for all the acts and omissions of its
deputies which it acknowledges and agrees are in the status of independent
contractors and not to employees or agents as to Pine Knob.
10. County shall assume responsibility for the conduct of its deputies
in performing their duties while acting within the scope of their employment
on the public roads and/or theatre grounds in accordance with the terms of
this agreement.
11. County agrees to pay all taxes in connection with the work of its
deputies pursuant to this agreement and to provide pay for any and all related
employee benefits of its deputies.
12. This agreement shall terminate at the end of the 1986 season or at
any time that Pine Knob shall be in default.
IN WITNESS THEREOF, the parties hereto have set their hands the day
and date first above written.
WITNESSES: COUNTY OF OAKLAND, A MICHIGAN
CONSTITUTIONAL CORPORATION
BY:
Richard R. Wilcox, Chairperson
Board of Commissioners
PINE KNOB THEATRE, INC.,
a Michigan Corporation
BY:
Steven S. Finkel,
General Manager
13. The Provisions of the foregoing Agreement are concurred in by:
Daniel T. Murphy,
Oakland County Executive
John F. Nichols,
Oakland County Sheriff
#86146 May 22, 1986
Commissioners at their meeting held on May 22 986
14,a 198.6
Moved by Lanni supported by Webb the resolution be adopted.
AYES: Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price,
Rewold, Rowland, Skarritt, Webb, Aaron, Caddell, Cafandro, Doyon,
Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law,
McConnell, McDonald, McPherson. (25)
NAYS; Wilcox. (1)
A sufficient majority having voted therefor, the resolution
was adopted.
STATE OF MI.CHtGANI
COUNTY. OF OAKLAND}
I:, Lynn D. Allen, Clerk of the County. of Oakland and having a
seal, do hereby certify that t have compared the annexed copy of
Miscellaneous Resolution #86146 adopted by the Oakland County Board of
with the original record thereof novt remaining in my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County at Pontiac, Michigan .
this 22nd day of
CY76771T Allan, COray Clerk/
RegYster of Deeds