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Home My WebLink AboutResolutions - 1988.12.15 - 17736December 15, 1988 MISCELLANEOUS RESOLUTION # 88353 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - MINI-CONTRACT FOR SHERIFF'S DEPARTMENT AT THE PALACE OF AUBURN HILLS - TRAFFIC CONTROL - 1989 SEASON TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies arid Gentlemen: WHEREAS, Arena Associates, the operators of The Palace of Auburn Hills have requested the Oakland County Sheriffs Department to supply patrol officers to assist in traffic control at the theatre for the 1989 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 Arena Associates at the hourly rate of $31.32 for the 1989 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 Mu BY APPROVE THE FOI Daniel T. Murphy, tainty(lixe ONG RESOLUTION Dat the Palace for any performanee iit advance #88353 DaLt.-: December 15, 1988 AGREEMENT THIS AGREEMENT, made anci entered into this Na day of Tian by and between the COUNTY OF OAKLAND, a Michigan Constt osal Corporation, the OAKLAND COUNTY SHER/FF'S DEPARTMENT (hereinafter i.iolie:ttively referred to as the 'COUNTY"), and ARENA ASSOCIATES, INCORPORATED, a Michigan Corporation, (hereinafter referred to as "AIZENA ASSOCIATES"), and WHEREAS, ARENA ASSOCIATES is the principal owner and operator of an entertainment center in Auburn H ins and the County of Oakland known as the PALACE OF AUBURN HILLS (hereinafter called the "Palace"); and WHEREAS, ARENA ASSOCIATES recognizes that it would be desirable to have increased police traffic services at.the Palace; and WHEREAS, the COUNTY is willing to provide Oakland County Sheriff's Deputies (hereinafter called "Deputies"), if such Deputies are otherwise availaWe in the judgment of the Oakland County Sheriff , to provide police_ traffic servi(77c ,; at the Palace. WHEREAS, all parties agree that all costs for any services by Deputies, parsuai ,Lt to this Agreement, will be borne and paid directly by ARENA ASSOCIATES. NOW, THEREFORE, in consideration of the mutual promises of the parties herein, it is agreed as follows: I. The COUNTY will provide, pursuant to this Agreement, Dcputios in assist in traffic control on the public roads adjacent to the Palace and/or on such other roads as the Director of Public Safety of Auburn Hills believes appropriate for performances or ga;rws.at the Palace. Once incoming traffic has cleared prior to a perlormance or carile,, the Deputies will, at the direction of the Auburn Hills Pal ice, patrol tiv.7'. Palace pa -king 101 and certain areas within the Pala ,:r. 2. The number of Depiiti ,-]ii requested, it ...illy, r! ecitdrol of any such pei'forrn.lece, or Wont': will be communicated :11. mi It% limn-, 1,1 such performance or game to the Oakland County Sheriffs Department by the Director ol Public Safety of Auburn Mil N. Upon the timely receipt or o request, the COUNTY will endeavor to schedule and assign as many of the requited Deputies as it fil7Ay reasonably make available. This duo:: not obligate or otlwrwim. COI )N'T fulfill, either in whole or in part, evor,: or any request for any specific number of Deputies. The COUNTY is only obligated, pursuant to this Agreement, to mnmak a reasonable attempt, in light of its own then existing staffing needs and requirements, to provide the number of Deputies requested. 3. ARENA ASSOCIATES _ shall pay the COUNTY the sum of $31.32 per hour for each hour of services furnished by the Deputies, including court lime , and time during Palace performances or gain ,:is. mm v 1\‘','")1 I .... n Ii 4 . BY: _ oar sniorisrs oy B natr. Date the end of e.z3cH non RENA A ys c-acl; month shal sal )i) Elr:y OUTS Z.:1r] .'71 11<c.-; rmmnco receipt of said from and after t h din date. 5. The COUNTY shaL comply with all laws, ordinances, rin.ss , regulations and lawful orders of any purl c authority bearing on the performancc of the worl< to be performed by the COUNTY herein. 6. The Deputi e s shall have the status *independent contractors and ar1 ,2 not employees or agents of ARENA ASSOCIATES, The COUNTY agrees to pay all taxes in connection with the woT-k of its ;)epu -Oc ,: pursuan tr..)I s A yet. cii L inc1 to pryy,:c1:_. I or :Any and all related employee benefits of its D,2puties. 7. The COUNTY shall assumc responsibility for the. conduct of its Deputies, including all acts and omissions of the Deputies in performing their duti es pursuant to this Agreement. 8. This Agreement shall be effective beginning .jantiary 1, 1989, and shall terminal ,- automatically on December 31, 1989, without any further action or notice required by either party, In addition, this Agreement may be terminated prior to December 31, 1989, by either party, for any reason, upon thirty (30) days written notice to the other party and the Director of Public Safety of Auburn Hills. IN WITNESS THEREOF, the parties hereto have sct their hands the day and date first above written. WITNESSES: COUNT Y OF OAKBAND. A Mf CJIIG N CONTITUTI ifs,NAL CORpop.ivri oN 2a-a 127 A I"\j" (\SS ()"A FL`, .NNculwolu\ Thu, 'di of Corpora lion j Tho! r .i- ;. ',..Viiorl 7.-.x...c.:. ;c: Dirccior Arena A sr-,063 tcn, Intiorpor tcd . . d. The Prov:.swns th( lore ,un- r"C•C',1:, 'n1 r"(1 iii 'Oakland County Executive lehri F. ichck Date /Oakland County Sheriff RESOLUTION # 88353 December 15, 1988 Moved by Richard Kuhn supported by Moffitt the resolution be adopted. AYES: R. McPherson, Moffitt, Oaks, Page, Pernick, Skarritt, Caddell, Calandro, Crake, Gosling, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald. (17) 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, adopted by the Oakland County Board of Commissioners at their regular meeting held on ner 15 , 19m with the original record thereof now remaining on file 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 15th day ofDecember LOA D. ALLEN, County Clerk Register of Deeds