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HomeMy WebLinkAboutResolutions - 1983.05.19 - 11688May 19, 1983 MISCELLANEOUS RESOLUTION # 83146 PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON IN RE: CONTRACT FOR ASSISTANCE BY SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE - TRAFFIC CONTROL 1983 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the operators of Pine Knob Music Theatre have requested the Oakland County Sheriff's Department to supply patrol officers to assist in traffic control at the theatre for the upcoming 1983 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 Music Theatre; and WHEREAS the County of Oakland shall be reimbursed for such services by the operator of Pine Knob Music Theatre at the hourly rate of $22.96, for the 1983 season, as was established by Miscellaneous Resolution. #82044 as amended. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the execution of the attached contract consistent with provisions con- tained therein. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE BY: TInN, HEY APPROVE THE FOREGOING RES01. ,ge REFERENCE: Oakland Cty. Bd. of Comm. Misc. Resolution # Date: AGREEMENT This agreement, made and entered into this 1st day of May, 1983, by and between the County of Oakland, a. Michigan Constitutional Corporation, herein called "County", and Pine Knob Investment, a. Michigan Copartnership, herein called "PKI", and WHEREAS PKI is the owner of a summer theatre facility located in Independence Township and the County of Oakland; and WHEREAS PKI, 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 Music Theatre. Nothing in this agreement is to be construed as a. waiver by PKI 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 Music Theatre at times be- fore 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 party hereto it is agreed as follows: 1. During the 1983 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 road adjacent to the Pine Knob Music Theatre. 2. PKI shall pay to the County for such services the sum of $22.96 per hour for each deputy furnished by the County. 3. PKI 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 street adjacent to the Pine Knob Music Theatre. 4. The County shall bill PKI through: Pine Knob Music Theatre, 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, 1983 and PKT 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 per- formed 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 1983 season or at any time that PKI shall be in default. IN WITNESS WHEREOF, 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 INVESTMENT BY: Gary Fraimell, Co-Partner 10. The provisions of the foregoing Agreement are concurred in by: Daniel T. Murphy Oakland County Executive Johannes F. Spreen Oakland County Sheriff #83146 May 19, 1983 this 19th day of ALLEN, County Clerk/Register of De,. 7 LYNN May 1983 Moved by Lanni supported by Jackson the resolution be adopted. AYES: Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore. (24) NAYS: Wilcox, Fortino. (2) 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 #83146 adopted by the Oakland County Board of Commissioners at their eeting held on May 19, 1983 with the original 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