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HomeMy WebLinkAboutResolutions - 1988.10.13 - 17667DaFni;1 T àjnfy xer;t: October 13, 1988 MISCELLANEOUS RESOLUTION R8273 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, DR., CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT .MINI-CONTRACT FOR SHERIFF'S DEPARTMENT AT THE PALACE OF AUBURN HILLS - TRAFFIC CONTROL -1988 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen; WHEREAS, the operators of The Palace of Auburn Hills has requested the Oakland County Sheriff's Department to supply patrol officers to assist in traffic control at the theatre for the remainder of the 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 Sheriffs Department; and WHEREAS, the County of Oakland shall be reimbursed for such services by The Palace of Auburn Hills 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 I.L ' APPROVE THE FOR • 1NG RE * OTION Date REFERENCE: .. Oakland County Board of Commissioners Miscellaneous Resolution ii Date: AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of October 1988, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation hereinafter called "County", and THE PALACE OF AUBURN HILLS, hereinafter called "The Palace," and WHEREAS, The Palace is the operator of an entertainment theatre in Auburn Hills and the County of Oakland; and WHEREAS, The Palace, due to the absence of sufficient police traffic services by Auburn Hills, 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 The Palace; and WHEREAS, The Palace agrees that staffing will be in coordination with Auburn Hills Public Safety and the Sheriff's Department with regard to traffic assignments on the public roads adjacent to The Palace 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 1988 at the Palace, for each 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 Palace performance. 2. The Palace shall pay to the County for such services the sum of $29.73 per hour for each deputy furnished by the County includin_g court time. 3. The County shall bill The Palace for such services on a monthly basis at the end of each month beginning October 30, 1988 and The Palace 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. 4. 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. 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 The Palace. 6. 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. Date Date Date 7. 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. 3. This agreement shall terminate on December 31, 1938 or at any time that The Palace 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 THE PALACE OF AUBURN HILLS BY: Thomas D r-z-o-s-, Director 12. The Provisions of the foregoing Agreement are concurred in by: BY: Daniel T. Murphy Oakland County Executive BY: John F. Nichols Oakland County Sheriff Resolution # 88273 October 13, 1988 October 1D88 ALLEN, County Clerk/Register of De 'day of LYWI Moved by Richard Kuhn supported by Crake the resolution be adopted. AYES: Skarritt, Wilcox, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, R. Kuhn, S. Kuhn, Lanni, Luxon, McConnell, McDonald, R. McPherson, Moffitt, Oaks, Page, Pernick, Rewold, Rowland. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution 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 the attached resolution adopted by the Oakland County Board. of Commissioners ,at r their regular meeting held on October 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 Testimony Whereof, I have hereunto set my hand and affixed the seal or said County at Pontiac, Michigan this - 13th