HomeMy WebLinkAboutResolutions - 1977.06.02 - 13223HER/ APPROVE THE FORGOING
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Miscellaneous Resolution No. 8020 June 2, 1977
BY: PUBLIC SERVICES COMMITTEE - Henry W. Hoot, Chairman
IN RE: CONTRACT WITH PINE KNOB MUSIC THEATRE -
TO THE OAKLAND COUNTY BOARD OF COMISSIONERS
MT. 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 1977 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 operators of Pine Knob Music Theatre; and
WHEREAS, the County of Oakland shall be reimbursed for such
services by the operators of Pine Knob Music Theatre a..ta rate of $13.41
per man-hour.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of
Commissioners approves the execution of the attached contract with the
operators of Pine Knob Music Theatre.
The Public Services Committee, by Henry W. Hoot, Chairman, moves
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
AGREEMENT
THIS AGREEMENT made and entered into this
,
/./;,, day of
A.D„ 1977, by and between the COUNTY OF OAKLAND,
a Michigan Constitutional Corporation, hereinafter called the "County"
and PINE KNOB THEATRE, INC., hereinafter called "Pine Knob":
FACTS UNDERLYING THIS AGREEMENT
Pine Knob is the operator . of the summer theatre facility in Independence
Township. Performances at the theatre generate substantial numbers of people
which may require crowd control within the Theatre grounds. The County,
at Pine Knob's request, has agreed to furnish Deputies from the Oakland
County Sheriff's Department and equipment for such appropriate control during
the 1977 Theatre season as required by Pine Knob.
Pine Knob wishes to utilize a variable number of Deputies at various
times in accordance with their evaluation of their requirements.
Pine Knob agrees to notify the County in advance of its requirements
and to pay the County the Sum of Thirteen and 41/100 ($13. 41) Dollars per hour
per Deputy work hours so utilized.
Pine Knob agrees to pay the County monthly for this service as set
forth in Paragraph 2 below.
NOW, THEREFORE, for and in consideration of the mutual promises
of tine parties hereto, it is agreed as follows:
1, During the 1977 season at Pine Knob, for each Theatre per-
frycri:-Janco, the Go n ty 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 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, 1977 and Pine Knob shall pay such bill Fifteen (15) Days after
Twelve (Ino)
billing. Interest of Se-v-eft--(44r) Percent per annum shall be paid on any out-
standing balance from and after due date until paid.
3. County shall comply with all laws, ordinances, rules, regulations
and orders of any public authority hearing 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 employees or agents as to Pine Knob.
5. County shall indemnify and hold harmless Pine Knob and its
pi-incipals, agents and employees, from and against all claims, suits,. damages, -
losses and expenses vinatsoever, including attorneys I fees, arising out of or
resulting from the performance of its Deputies work on the Theatre grounds
pursuant to the terms of this Agreement
County agrees to pay all taxes in_ connection with the work of its
Deputies pursuant to this Agreement and to provid.e and pay f or all Worl:s:merits.
m.-1-rpensation, hospitalization and other related employee benefits of its
t
7. This Agreement shall terminate at the end of the 1977 season
or at any time that Pine Knob shall be in default
IN WITNESS WHEREOF, the parties hereto have set th e i r ha nd s th e
and date first above-written,
COUNTY OF OAKLAND
da
WITNESSED: By
APPROVED BY
Daniel, T. Murphy
Oakland County Executive
Its Chairman Oakland County Board of Commissioners
By
Its Oakland County Sheriff
PINE KNOB THEATRE, INC.
By f
k
Its
7
#8020 June 2, 1977
this 2nd day
Moved by Hoot supported by Simson the resolution be adopted.
Discussion followed.
AYES: Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante,
Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth,
Simson, Wilcox, Aaron, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot. (25)
NAYS: None. (0)
The Chairman announced the vote just taken was in error. In order to
abide by the laws of the Board, it would be necessary to suspend the rules to
adopt the resolution.
Moved by Perinoff supported by Fortino the rules be suspended for
immediate consideration of Resolution #8020 just voted on,
AYES: Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley,
Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Simson,
Wilcox, Aaron, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution:
AYES: Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy,
Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Simson, Wilcox, Aaron,
DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, resolution #8020 was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn P. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
aglp,pIecl. -vtlq.(Igk.tarA r CouRt,y .CoMM3 55j On rs
At . PD. ..... ...........
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
Lynn D. Allen Clerk
By ....... ............ ....Deputy Clerk