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HomeMy WebLinkAboutResolutions - 1987.04.30 - 17749RESOLUTION MISCELLANEOUS RESOLUTION # 87106 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. - CROWD CONTROL - 1987 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 1987 season; and WHEREAS, the Sheriff's Department has agreed to supply such patrel .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 suchservices by the Pine Knob Theatre, Inc. at the hourly raLe of $28-.44 for the 1987 season, as was established by Miscellancou Resolution #86039 .. NOW THEREFORE BE IT RESOLVED that the Oakland Couny Board of Commissioners approve the execution of the attached contret -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 2. REFERENCE: Oakland County Board of Commissioners Miscellaneous Resolution # • - Date: AGREEMENT THIS AGREEMENT, made and entered into this 5th day of May, 1987, 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 Ararious 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 $28.44 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 1987 theatre season. NOW THEREFORE, for and in consideration of the mutual promises of the parties hereto, it is agreed as follows; 1. H During the 1987 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. 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, 1987, And Pine Knob shall pay such bill fifteen (15) days after billing.- Interest of one percent OM 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 ami its principals, agents and employees, from and against all claim, suits, damages, losses and expenses whatsoever, including atterney!Y fees, arising out of or resulting from the performance of its deputies' work OP 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 1987 season or at any time that Pine Knob shall be in default. • IN WITNESS THEREOF, the parties hereto have set their haigh; the day and date first above written. WITNESSES: COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION BY: Roy Rewolcr: Chairperson Board of Commissionefs PINE KNOB THEATRE, 1NC„ a Michigan Corporation, BY: Steven 3. Finkel, General Manager • 9. The Provisions of the foregoing Agreement are cum:urryd in by: Daniel T. Murphy, Oakland County Executive John F. Nichols, Oakland County Sherifi April 30, 1987 RESOLUTION # 87106 Moved by Richard Kuhn supported by Angus McPherson the resolution be adopted. AYES: Moffitt, Nelson, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn, Law, Luxon, Angus McPherson, Ruel McPherson. (20) NAYS: Wilcox, Lanni. (2) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MtCHIGANI 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 Miscellaneous Resolution adopted by the Oakland County Board of Cauuissioners at their meeting held on April 30, 1987 with the original record thereof now remain i ng 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 30th day of April 1987