HomeMy WebLinkAboutResolutions - 1979.03.01 - 1239611 7 , AfiL
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APPROVE THE FO
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March 1, 1979
MISCELLANEOUS RESOLUTION 8859
BY: PUBLIC SERVICES COMMITTEE, HENRY W. HOOT, CHAIRPERSON
IN RE: RENEWAL OF CONTRACT FOR ASSISTANCE BY SHERIFF'S DEPARTMENT AT
PINE KNOB MUSIC THEATRE
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 deputies for crowd control
within the theatre grounds for the upcoming 1979 season; and
WHEREAS the Sheriff's Department has agreed to supply such deputies
on an availability overtime hourly basis, the number of man hours to be
determined by the operators of Pine Knob Music Theatre; and
WHEREAS the County of Oakland shall be reimbursed for such services
by the operator of Pine Knob Theatre at an hourly rate as established by
the Oakland County Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Chairman of the Board of Commissioners
Is hereby authorized and directed to execute the attached contract in the
name of Oakland County, consistent with the provisions contained therein.
The Public Services Committee, by Henry W. Hoot, Chairperson, moves
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
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Henry W. Hoot, Chairperson
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REFERENCE:
Oakland Cty. Bd. of Comm.
Misc.
Date:
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of January, 1979,
by and between the COUNTY OF OAKLAND,-i -MTMgan 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 require-
ments for such deputies and pay the sum of $14.70 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 during the 1979 theatre season.
NOW THEREFORE, for and in consideration of the mutual promises of the parties
hereto, it is agreed as follows:
1. During the 1979 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 service, on a monthly basis at the end of each month begin-
ning June 30, 1979, and Pine Knob shall pay such bill fifteen (15) days after
billing. Interest of one (1%) per month shall be paid on any outstanding balance
from and after due date until paid.
3. County shall comply with all laws, ordinances, rules, regulations and
orders of any public authority bearing on the performances of the work to be per-
formed 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 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 Workmen's
Compensation, hospitalization and other related employee benefits of its deputies.
7. This Agreement shall terminate at the end of the 1979 season or at any
time that Pine Knob 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:
Wallace F. Gabler, Jr.
Chairman, Board of Commissioners
PINE KNOB, INC.
By:
8. The Provisions of the foregoing Agreement are concurred in by:
Daniel T. Murphy
Oakland County Executive
Johannes F. Spreen
Oakland County Sheriff
• March 1, 1979 #8859
Moved by Patterson supported by Moffitt the resolution be adopted.
AYES: Montante, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price,
Wilcox, Aaron, Doyon, Fortino, Gabler, Gorsline, Kasper, Kelly, Lewand, McConnell,
McDonald, Moffitt. (20)
NAYS: Hobart. (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 #8859 adopted by the Oakland County Board of
Commissioners at their meeting held on March 1, 1979
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
this 1st day of March
Lynn D. Allen Clerk
By Deputy Clerk