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Home My WebLink AboutResolutions - 1990.05.24 - 16787May 24, 1990 90115 MISCELLANEOUS RESOLUTION # BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE, INC. - TRAFFIC CONTROL - 1990 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the operators of Pine Knob Theatre, Inc. have requested the Oakland County Sheriff's Department to supply patrol officers to assist in traffic control at the theatre for the upcoming 1990 season; and WHEREAS, the Sheriff's Department has agre( 0 - to supply such patrol officers on an availability overtime hourly basis, the number of man-hours to be determined by the Sheriff's Department; and WHEREAS, the County of Oakland shall be reimbursed for such services by the operator of Pine Knob Theatre, Inc. at the hourly rate of: Lieutenant, $38.44; Sergeant, $35.40; and Patrol Deputy, $29.80; for the 1990 season, as was established by Miscellaneous Resolution #89200. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners 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 HErBY AFTP! VE Th7 FOREGOING RESOLUTION diqq./.90 Darrè? T. Mufp*,-County XEICU „a 'jaklana ouny DOara ()I 40171MISSIOrlerS Miscellaneous Resolution # 90115 Date: May 24, 1990 AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May , 1990, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation hereinafter called "County", and PINE KNOB THEATRE, INC., hereinafter called "Pine Knob," and WHEREAS, Pine Knob is the operator of a summer theatre facility in Independence Township and the County of Oakland; and WHEREAS, Pine Knob, 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 Theatre. Nothing in this agreement is to be construed as a waiver by Pine Knob of its rights to pursue litigation against local government entities of Independence Township or others to assure compliance with existing Michigan State Laws; and WHEREAS, Pine Knob agrees that staffing will be at the discretion of the Sheriff's Department with regard to traffic assignments on the public roads adjacent to Pine Knob 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 parties hereto, it is agreed as follows: 1. During the 1990 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 roads adjacent to the Pine Knob Theatre and during the concert to provide patrols in the Pine Knob parking lot to control loitering. 2. Pine Knob shall pay to the County for such services the sum of $38.44 per hour for Lieutenant, $35.40 per hour for Sergeant, and $29.80 per hour for Patrol Deputy furnished by the County including court time. 3. Pine Knob 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 streets adjacent to the Pine Knob Theatre. 4. Pine Knob shall supply all parking, road and informational signs as required by Independence Township. 5. Pine Knob shall provide an emergency exit for police and fire vehicles as required by Independence Township. BY: Daniel T. Murphy Oakland County Executive n F. Nichol( Date akland County Sheriff Date 6. The County shall bill Pine Knob through: Pine Knob Theatre, Inc., c/o Fisher Theatre, Fisher Building, Detroit, Michigan 48202, Attention: Larry Simon, for such services on a monthly basis at the end of each month beginning June 30, 1990 and Pine Knob 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. 7. 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. 8. 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. 9. 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. 10. 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. IL This agreement shall terminate at the end of the 1990 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: COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION Roy Rewoyl, Chairperson Date Board of Commissioners PINE KNOB THEATRE, INC. a Michigan Corporation, BY: John J\ NèderNnder General\Ma\nag Date 12. The Provisions of the foregoing Agreement are concurred in by: BY: Resolution # 90115 May 24 1990 -Moved by Richard Kuhn supported by Huntoon the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, •Price (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do thereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 24, 1990 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 24th day ±—May _ 1S 90 (at"- Lynp/D. Allen, County t'le!--('/— Nerierlander Organization Pine Knob Music Theatre, Inc. P.O. Box 16499 Clarkston, Michigan 48016 (3 13) 625-0511 Fax (313) 625-5872 March 6, 1990 Oakland Oount Sh=i -f .F Department 121 N. 7-1e ,,,Eh Rft Pontiac, Mi 48053 Attention: Sheriff John Nichols Re: 1990 Concert Season Dear Sheriff Nichols: Once again, it is that time of year to begin preparation for the summer season. It is Pine Knob's hope and intention to contract directly with the sheriff's department, for traffic and crowd control. Please let this letter serve as a confirmation of that intent. The proposed contract between us will hopefully be a renewal of the past agreements between us. I look forward to meeting with you or your representatives at your convenience, once your department has completed the proposed contract. Nechr l nder \\j Manage Pine Knob Theatre cc: Capt. Matheny Dale A. Cunningham Respectfully, John Genera Pine n(\ \\f-