HomeMy WebLinkAboutResolutions - 1978.05.18 - 12857REPORT
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN
IN RE: SHERIFF'S PINE KNOB CONTRACT - MISCELLANEOUS RESOLUTION #8433
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Finance Committee has reviewed the Miscellaneous Resolution
#8433 and the proposed amendment and finds:
1) Should the rate of 13.47 per hour be adopted, approximately $12,200
in revenue would be generated if the same number of hours are worked in 1978
as 1977,
2) Should the rate of 14.60 per hour be adopted, approximately $13,200
in revenue would be generated if the same number of hours are worked in 1978
as 1977,
3) The 1978 Revenue Budget was based on the 1977 rate of 13.41 plus 8%
or $14.48 per hour. Total revenue was anticipated to be $13,000.
Since the difference in potential revenue generated is not substantially
different from Budget, and there is considerable uncertainty with regard to
the number of hours to be worked, no budget adjustment is advised at this time
FINANCE COMMITTEE
Paul E. Kasper, Chairman
PUBLIC SERVICES COMMITTEE
(t
. Hoot, Chairman
Ar770VE THE FOrEGONG R-ESOLLAp,„,q ,:.
oy, ny
MISCELLANEOUS RESOLUTION # 8433 MAY 4, 1978
BY: PUBLIC SERVICES COMMITTEE, HENRY W. HOOT, CHAIRMAN
IN RE: RENEWAL OF CONTRACT FOR ASSISTANCE BY SHERIFF'S
DEPARTMENT AT PINE KNOB MUSIC THEATRE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, 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 1978 season; and
WHEREAS the Sheriff's Department has agreed to supply such deputies
on a hourly basis, the number of man-hours to be determined by the oper-
ators of Pine Knob Music Theatre; and
WHEREAS the County of Oakland shall be reimbursed for such service
by the operators of Pine Knob Music Theatre at a rate of $13.47 per man-
hour.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Com-
missioners approve the execution of the attached contract with the opera-
tors of Pine Knob Music Theatre.
The Public Services Committee, by Henry W. Hoot, Chairman, moves the
adoption of the foregoing resolution.
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of June 9
1978, by and between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, hereinafter called "County ", and PINE KNOB THEATRE, INC.,
hereinafter called "Pine Knob ";
WHEREAS, Fine 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 re -
quirements; and
WHEREAS, Pine Knob agrees to notify the County in advance of
its requirements for such deputies and pay the sum of $13.47 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 1978 theatre
season.
NOW THEREFORE, for and in consideration of the mutual promises
of the parties hereto, it is agreed as follows:
1. During the 1978 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 con -
trol 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 beginning June 30, 1978 and
Pine Knob shall pay such bill fifteen (15) days after billing. Interest
of one percent (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 per-
formances 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 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 1978
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
By:
Daniel T. Murphy
Oakland County Executive
By:
Johannes F. Spreen
Oakland County Sheriff
PINE KNOB THEATRE, INC.
By:
Its:
#8433 May 18, 1978
Moved by Hoot supported by Roth the report be accepted and Resolution
#8433 be adopted.
The Chairperson stated the following amendment was made and supported
at the May 4, 1978 Board meeting, and is now before the Board:
"The 3rd WHEREAS paragraph be amended by deleting the rate of '$13.47'
and inserting the amount of '$14.60'.
Vote on amendment:
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Gabler, Hoot, Kasper, Lanni, McConnell, Moffitt, Montante, Moxley,
Murphy, Page, Patterson, Pernick, Peterson, Roth, Simson, Wilcox, Aaron, Daly,
DiGiovanni, Doyon, Fortino. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #8433 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
Resolution #8433 adopted by the Oakland County Board of Commissioners
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at their meeting held on May 18, 1978
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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
18th May 78 „......day of 0000000 00 •0•••• 19. e •
Lynn D. Allen Clerk
By.,.. ...... ..,......... ......... ..Deputy Clerk
this