HomeMy WebLinkAboutResolutions - 1982.05.20 - 13819F A..PPROVE THE FCREGC-!".'
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May 20, 1982
MISCELLANEOUS RESOLUTION If_ 89150
BY: PUBLIC SERVICES COMMITTEE, JAMES E. LANNI, CHAIRPERSON
IN RE: RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB
MUSIC THEATRE-CROWD 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 for crowd
control within the theatre grounds 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 Theatre at the hourly overtime 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 Com-
missioners approve the execution of the attached contract consistent 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. Bd. 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, here-
inafter called "County", and PINE KNOB THEATRE, INC., and Pine Knob Invest-
ment, 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 $19.80 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 1982 theatre season.
NOW THEREFORE, for and in consideration of the mutual promises of the parties
hereto, it is agreed as follows:
,l. During the 1982 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 reasonablecontrol 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 adddress 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, 1982, and Pine Knob shall pay such bill fifteen (15) days
after billing. Interest of one (190 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
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 allclaims, 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 Workman's -
Compensation, hospitalization and other related employee benefits of its
deputies.
7. This Agreement shall terminate at the end of the 1982 season or at any
time that Pine Knob shall be in default.
IN WITNESS THEREOF, the parties hereto have set their hands the day and
date first above written.
WITNESSES:
Constitutional Corporation
BY:
Richard R.- Wilcox, Chairperson
Board of Commissioners
PINE KNOB, INC.
BY:
PINE KNOB INVESTMENT
BY:
Gary Francell, Co-Partner
8. The Provisions of the foregoing Agreement are concurred in by:
Daniel T. Murphy
Oakland County Executive
Johannes F. Spreen
Oakland County Sheriff
COUNTY OF OAKLAND, a Michigan
#82150 May 20, 1382
day of 41110 May . _ 1982
i / /Law
ALLEN
County Clerk/Register of Deeds
this 20th
Moved by Lanni supported by Cagney the resolution be adopted.
Moved by Calandro supported by Moffitt the resolution be amended by
changing the NOW THEREFORE BE IT RESOLVED paragraph to read:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approve the execution of the attached contract as amended with the following changes:
Paragraph #5 be amended to read:
5. 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.
A sufficient majority having voted therefore, the amendment carried.
Vote on resolution as amended:
AYES: Patterson, Perinoff, Pernick, Peterson, Price, Aaron, Caddell,
Cagney, Calandro, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson,
Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Page. (24)
NAYS: Whitlock, Wilcox. (2)
A sufficient majority having voted therefor, the resolution as amended was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 #82150 adopted by the Oakland County Board of Commissioners
at their meeting. held on My .20, •382
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, 1 have !hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan