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HomeMy WebLinkAboutResolutions - 1981.05.21 - 15349MISCELLANEOUS RESOLUTION 81197 May 21, 1981 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, Chairman, 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 con- trol at the theatre for the upcoming 1981 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 deter- mined 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 $17.98, for the 1981 season, as was established by Miscellaneous Resolution #9315, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approve the execution of the attached contract consistent with provisions con- tained therein. Mr. Chairman, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE Oakland County Board of Commissioners Miscellaneous Resolution # Date May 1, 1981 AGREEMENT This agreement, made and entered into this 1st day of May, 1981, by and between the County of Oakland, a Michigan Constitutional Corporation, 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 Indpendence 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 THERFORE in consideration of the mutual promises of the party hereto it is agreed as follows: 1. During the 1981 season at Pine Knob, for each theatre performance and reasonable times immediately before and after such performance 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 $17.98 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 control 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, 1981 and PKI shall pay such bill 15 days after billing. Interst 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 1981 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, Copartner 10. The provisions of the foregoing Agreement are concurred in by: Daniel T. Murphy Oakland County Executive Johannes F. Spreen Oakland County Sheriff 5315 MISCELLANEOUS RESOLUTION February 28, 1580 (--\‘ PUBLIC SERVICES COMMITTEE ' •; ' \(/ hehry V. Hoot, Chal-rman Hi tt2E:33Y APPROVE THE FOREGOING RESOLUTION r in/ ir r,d4 BY: PUBLIC SERVICES COMMITTEE, HENRY W . HOOT, CHAIRMAN IN RE: ESTABLISHMENT OF 1980/1581 CONTRACT . OVERTME RATE F SHERIFF DEPUT ES R USE OF TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Codissioners - to permit the Sheriff Department to enter into contractual agreements with various communities and organizations for the purposes of providing deputies for traffic and security assignment for various activities and events; and WHEREAS the Sheriff Department provides assistance on an overtime availability of Sheriff Deputies as requested, such overtime cost to be billed back to the requesting community or organization at rates established by the Board of Commissioners; and WHEREAS such rates for 1980/1981 have been established by the County Executive's Department of Management and Budget, consistent with the attached schedule. NOW THEREFORE BE IT RESOLVED that the hourly overtime rate of $16.40 & $17.98 be established as the hourly rate charged for each deputy used for the purpose of traffic and security assignments as contracted for. These rates would cover the period January 1, 1980 through December 31, 1580, and January 1, 1981 through December 31, 1981, respectively. BE IT FURTHER RESOLVED that each contract entered into between the Sheriff Department and community or organization must be approved by the Board of Com- missioners prior to implementation of said agreement. If the community is under contractual agreement for Sheriff Law Enforcement Patrol services, the review and approval of the Public Services Committee shall suffice prior to implementation. The Public Services Committee, by Henry W. Hoot, Chairman, moves the adoption of the foregoing resolution. 21st day o May 198] J ALLEN' #81197 May 21, 1981 Moved by Lanni supported by Jackson the resolution be adopted. Chairperson Richard R. Wilcox vacated the Chair to speak on the resolution. Discussion followed. Moved by Aaron supported by Montante the resolution be amended to read, "that this contract also be approved by the trustee in bankruptcy handling the matter On behalf of Pine Knob Investment Company". A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, Moffitt, Montante, Moore, Murphy, Page, Patterson, Perinoff, Pernick, Price, Whitlock, Aaron, Caddell, Cagney, DiGiovanni, Doyon. (22) 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 #81197 adopted by the Oakland County Board of Commissioners at their meeting held on May 21, 1981 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 this Counky Clerk/Register of Deeds