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HomeMy WebLinkAboutResolutions - 1988.04.28 - 174787)VE T RESOLUM , MISCELLANEOUS RESOLUTION # 88105 BY: IN RE: SHERIFF'S DEPARTMENT- RENEWAL OF CONTRACT FOR SHERIFF'S DEPARTMENT AT PINE KNOB MUSIC THEATRE INC. - CROWD CONTROL: 1988 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Pine Knob Theatre, Inc., the operator of a summer theatre facility by the same name, has requested the Oakland County Sheriff's Department to supply patrol officers for crowd control within the theatre grounds for the upcoming 1988 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 Pine Knob Theatre, Inc. at the hourly rate of $29.73 for the 1988 season, as was established by Miscellaneous Resolution #88040. 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 PUBLIC SERVICES COMMITTEE, RICHARD R. KUHN, JR., CHAIRPERSON REFERENCE: Oakland County Board of Commissioners Miscellaneous Resolution I/ Date: AGREEMENT THIS AGREEMENT, made and entered into this 5th day of May , 1988, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation hereinafter called "County", and PINE KNOB THEATRE, INC., hereinafter called "Pine Knob." WHEREAS, Pine Knob is the operator of a summer 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 at the discretion of the Sheriff's Department; and WHEREAS, Pine Knob agrees to notify the County in advance of its requirements for deputies and pay the sum of $29.73 per hours, 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 crowd control within the theatre grounds during the 1988 theatre season. NOW THEREFORE, for and in consideration of the mutual promises of the parties hereto, it is agreed as follows: 1. During the 1988 season at Pine Knob, for each theatre performance, the County shall provide Sheriff's Deputies as set forth above, to provide for the reasonable control and maintenance of order within the theatre grounds. 2. Pine Knob shall conform to the sound levels as set forth by Independence Township. 3, The County shall bill Pine Knob, whose address is: 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, 1988, and Pine Knob 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. 4. 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. 5. 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. 6. County shall indemnify and hold harmless Pine Knob 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. 7. 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. 8. This Agreement shall terminate at the end of the 1988 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 BY: Roy Rewold, Chairperson Date Board of Commissioners PINE KNOB THEATRE, INC. a Michigan Corporation, BY: _ Steven J. Finkel, Date General Manager 9. The Provisions of the foregoing Agreement are concurred in by: BY: Daniel T. Murphy Date Oakland County Executive BY: John F. Nichols Oakland County Sheriff Date 28th day of April 1D8 8 C.) 1_.LEN, County Clerk/Register of C (1V RESOLUTION # 88105 April 28, 1988 Moved by Moffitt supported by Crake the resolution be adopted. AYES: Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R.Kuhn, S. Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Moffitt, Oaks, Page, Rewold, Rowland, Skarritt, Aaron. (22) 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 and having a seal, do hereby certify that I have compared the annexed copy of : the attached resolution which was a,dopted by the Oakland County Board of Commissioners, at their meeting held on April 28, 1988 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Test loony Idhereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan . this