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HomeMy WebLinkAboutResolutions - 1982.05.20 - 13818MISCELLANEOUS RESOLUTION # 82149 may 20, 1982 BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON IN RE: CONTRACT FOR ASSISTANCE BY SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE - TRAFFIC CONTROL 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 1982 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 $19.80, for the 1982 season, as was established by Miscellaneous Resolution #82044. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis- sioners approve the execution of the attached contract onsistent 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 Cty. Ed. of Comm. Misc. Resolution # Date: AGREEMENT This agreement, made and entered into this 1st day of May, 1982, by And between the County of Oakland, a Michigan Constitutional Corporation, i f 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 before 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 1982 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 $19.80 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 con- trol on the public street adjacent to the Pine Knob Music Theatre. 4. The County.shall bill PKI through: Pine Knob Music 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, 1982 and PKI 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 performed 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 indemnify and hold harmless PKI and its principal agents and employees from and against all claims, suits, damages, losses and expenses whatsoever, including attorney fees arising out of or resulting from the performance of its deputies ° work on the public roads or if need arises on the theatre grounds pursuant to 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 1982 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 Francell, 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 this 20th da May y of Aill vw4 ALLEN 19 82 #82I49 May 20, 1982 Moved by Lanni supported by Pernick the resolution be adopted. Moved by Calandro supported by Jackson the resolution be amended by changing the NOW THEREFOREBE IT RESOLVED paragraph to read: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissiohers approve the execution of the attached contract as amended with the following changes: Paragraph 7 be amended to read: 7. County shall assume responsibility for the conduct of it's 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. A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Page, Patterson, Perinoff, Pernick, Peterson, Price, Whitlock, Aaron, Caddell, Cagney, Calandro, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Moore, (25) NAYS: Wilcox. (1) A sufficient majority having voted therefor, the resolution as amended 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 #82149 adopted by the Oakland County Board of Commissioners at theiT meeting. held on May .20, 1982. 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 County Clerk/Register of Deeds