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HomeMy WebLinkAboutResolutions - 1985.05.23 - 11128MISCELLANEOUS RESOLUTION # 85163 May 23, 1985 BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON SHERIFF'S DEPARTMENT - IN RE: RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE, INC. - CROWD CONTROL - 1985 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Pine Knob Theatre, Inc., the operator of a summer theatre facility by the same name, has requested the Oakland County Sheriff's Department to supply patrol officers for crowd control within the theatre grounds for the upcomin: 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 Pine Knob Music Theatre, Inc.; and WHEREAS, the County of Oakland shall be reimbursed for such services by the Pine Knob Theatre, Inc. at the hourly overtime 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." WHEREAS, Pine Knob is the operator of a summer theatre facility in Independence Township; and WHEREAS, all or certain of the performances may require crowd control within the theatre grounds; and WHEREAS, Pine Knob desires to utilize that number of deputies at various times in accordance with their evaluation of their requirements; and WHEREAS, Pine Knob agrees to notify the County in advance of its requirements for such deputies and pay the sum of $24.27 per hour, per deputy worked, to the County, said sum to be paid monthly; and WHEREAS, the County agrees that it shall furnish deputies from the Oakland County Sheriff's Department and such equipment as shall be determined necessary for crowd control within the theatre grounds during the 1985 theatre season. NOW THEREFORE, for and in consideration of the mutual promises of the parties hereto, it is agreed as follows: 1. During the 1985 season at Pine Knob, for each theatre performance, the County shall provide Sheriff's Deputies as required by Pine Knob as set forth above, to provide for the reasonable control and maintenance of order within the theatre grounds. The County takes no responsibility for estimating the number of deputies necessary. 2. The County shall bill Pine Knob, whose address is: Pine Knob Theatre, Inc. c/o Fisher Theatre, Fisher Building, Detroit, Michigan 48202, Attention: Donald Brown, for such services on a monthly basis at the end of each month beginning June 30, 1985 and Pine Knob shall pay such bill fifteen (15) days after billing. Interest of one percent (1%) each month shall be paid on any outstanding balance from and after due date until paid. • 3. County shall comply with all laws, ordinances, rates, regulations and orders of any public authority bearing on the performance of the work to be performed by the County. • 4. 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. 5. County shall indemnify and hold harmless Pine Knob and its principals, agents and employees, from and against all claims, suits, damages, losses and expenses whatsoever, including attorneys' fees, arising out of or resulting from the performance of its deputies' work on the theatre grounds pursuant to the terms of this Agreement. 6. County agrees to pay all taxes in connection with the work of its deputies pursuant to this Agreement and to provide and pay for all Workman's Compensation, hospitalization and other related employee benefits of its deputies. 7. 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 8. The Provisions of the foregoing Agreement are concurred in by: Daniel T. Murphy Oakland County Executive John F. Nichols Oakland County Sheriff B4 All ma tk I. ,ALLEN :on y Clerk/Register of Deeds day of 19 85 85163 May 23, 1985 Moved by Lanni supported by Richard Kuhn the resolution be adopted. AYES: 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, McDonald. (26) NAYS: W1lcox. 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 23rd