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HomeMy WebLinkAboutResolutions - 1990.05.24 - 16789HET3F7'1Y APPROVE THE FOREMING REsownom a-P 'CA ñi L.XeCiride May 24, 1990 MISCELLANEOUS RESOLUTION 11 90117 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR CROWD/TRAFFIC CONTROL AT MICHIGAN RENAISSANCE FESTIVAL - 1990 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Michigan Renaissance Festival, the operator of a summer theatre facility by the same name, has requested the Oakland County Sheriffs Department to supply patrol officers for crowd and traffic control within the theatre grounds for the upcoming 1990 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 Sheriff's Department; and WHEREAS, the County of Oakland shall be reimbursed for such services by the Michigan Renaissance Festival at the hourly overtime rate of $29.80 for the 1990 season, as was established by Miscellaneous Resolution 1189200, 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 4/42 tiaz, a. riMichigan CSQuaissance cFastival Sincerely, Mary Main General Manager 700 East Marie. 0 1i11Ril-10am • Michigan. • 48009 3U/645-964o Fax Pr 013/G45-5351 January 18, 1990 Sheriff John F. Nichols Oakland County Sheriff's Department 1201 N. Telegraph Rd. Pontiac, Michigan 48053 Dear Sheriff Nichols: The Michigan Renaissance Festival once again attempted to contract the services of the Michigan State Police to assist in traffic control on Dixie Highway during our days of operation, and our request was denied by Lieutenant Matthew Hogan. The Michigan Renaissance Festival would therefore like to request to contract the services of the Oakland County Sheriff's Department for assistance in traffic control on Dixie Highway and for on-site control during our days of operation. We request one (1) uniformed deputy for traffic control during our peak hours of operation -- 12:00 noon to 8:00 p.m. and two (2) uniformed deputies for on-site control - 1 from 10:00 a.m. until 9:00 p.m. and 1 from 1:00 p.m. until 7:00 p.m. 1990 Festival dates are as follows: August 18-19, 25-26, September 1-2-3, 8-9, 15-16, 22-23, 29-30. Hours of operation are from 10:00 a.m. to 7:00 p.m. Please inform us of the procedures necessary for contracting such services. Should you require any additional information, please feel free to contact me at 645-9640. Thank you for your assistance and your prompt reply. cc: Dale Cunningham Donald Titsworth, Groveland Township Supervisor Dr. Jim Greig, Holly Township Supervisor MM/mp REFERENCE: Oakland County Board of Commissioners Miscellaneous Resolution # 90117 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 MICHIGAN RENAISSANCE FESTIVAL, hereinafter called "Michigan Renaissance Festival." WHEREAS, Michigan Renaissance Festival is the operator of a summer facility in Holly Township; and WHEREAS, all or certain of the performances may require traffic and crowd control within the theatre grounds; and WHEREAS, Michigan Renaissance Festival desires to utilize that number of deputies at various times at the discretion of the Sheriffs Department; and WHEREAS, Michigan Renaissance Festival agrees to notify the County in advance of its requirements for deputies and pay the sum of $29.80 per hour, per deputy worked including court time, 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 traffic and crowd control within the theatre grounds during the 1990 theatre season. NOW THEREFORE, for and in consideration of the mutual promises of the parties hereto, it is agreed as follows: I. During the 1990 season at Michigan Renaissance Festival, for each theatre performance, the County shall provide Sheriffs Deputies as set forth above, to provide for the reasonable control and maintenance of order within the theatre grounds. 2. The County shall bill Michigan Renaissance Festival, whose address is: Michigan Renaissance Festival, 700 East Maple, Birmingham, Michigan 48011, for such services on a monthly basis at the end of each month beginning August 30, 1990, and Michigan Renaissance Festival shall pay such bill fifteen (15) days after billing. Interest of one percent (1%) each month shall be paid on any outstanding balance from and after due date until paid. BY: .40f. David Pearson, Owner ftz Date BY: Daniel T. Murphy Oakland County Executive Date BY: hrk f . Date akland County Sheriff 3. County shall comply with all laws, ordinances, rates, regulations and orders, or any public authority, bearing 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 to employees or agents as to Michigan Renaissance Festival. .5. County shall indemnify and hold harmless Michigan Renaissance Festival and its principals, agents and employees, from and against all claims, 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 1990 season or at any time that Michigan Renaissance Festival 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 RewolZ, Chairperson— Date Board of Commissioners IGAN RENAISSANCE FESTIVAL MIC 8. The Provisions of the foregoing Agreement are concurred in by: BY: Resolution # 90117 May 24 1990 Moved by Richard Kuhn supported by Huntoon the resolution be adopted. AYES: Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra, 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'hereby 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 Ma . 19 90 LynrYD. Alien, County Clerk