HomeMy WebLinkAboutResolutions - 1985.05.23 - 11127May 23, 1985
MISCELLANEOUS RESOLUTION #8S162
BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON
SHERIFF' DEPARTMENT -- IN RE: CONTRACT FOR ASSISTANCE BY SHERIFF'S DEPARTMENT AT PINE KNOB
THEATRE INC. - TRAFFIC CONTROL 1985 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 1985 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
operator of Pine Knob Theatre, Inc.; 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 $24.27, for the 1985 season, as was
established by Miscellaneous Resolution #84052.
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
REFERENCE:
Oakland County Board of Commissioners
Miscellaneous Resolution #
Date:
AGREEMENT
This agreement, made and entered into this 9th day of May, 1985, 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
Independence 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 Michigan
State Laws.
WHEREAS Pine Knob agrees to confer with the County with regard to
traffic control factors required to determine need for deputies to be assigned 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 Deparment may have available for such purposes for
the consideration hereinafter set forth.
NOW THEREFORE in consideration of the mutual promises of the party
hereto it is agreed as follows:
1. During the 1985 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.
2. Pine Knob shall pay to the County for such services the sum of $24.27
per hour for each deputy furnished by the County.
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.
e, Inc— c/o 4. The County shall bill Pine Knob through: Pine Knob Thea
Fisher Theatre, Fisher Building, Detroit, Michigan 48202, Attention: Donald
Brown, for such services on a monthly basis at tie end of each month beginning
June 30, 1985 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. This agreement shall terminate at the end of the 1985 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
10. The Provisions of the foregoing Agreement are concurred in by:
Daniel T. Murphy
Oakland County Executive
John F. Nichols
Oakland County Sheriff
B4
#85162 May 23, 1985
23rd day of 19 85
"4
Moved by Lanni supported by Richard Kuhn the resolution be adopted.
AYES: McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff,
Pernick, Price, Rewold, Skarritt, Webb, Aaron, Caddell, Calandro, Doyon, Fortino,
Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, (26)
NAYS: Wilcox. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at
their meeting held on May 23, 1985
with the orginial record thereof now 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
I 6 6 O. ALLEN
Coun y Clerk/Register of Deeds