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HomeMy WebLinkAboutAgendas/Packets - 1972.01.02 - 39548® PARKS AND CRATI C ISIN oakland county service center 1 2800 watkins lake road pontiac, michigan 338-6196 Frances Clark Chairman Velma Austin January 3, 1972 Vice -Chairman Henry A. Schiffer Secretary To the Members of the Daniel W. Barry PARKS AND RECREATION COMMISSION Clarence A. Durbin William L. Mainland Oakland County, Michigan Paul W. McGovern Donald W. Nick Ladies and Gentlemen: Carl W. O'Brien E. Frank Richardson Commissioners A meeting has been called of the PARKS AND ° RECREATION COMMISSION as follows: Kenneth L. Van Natto Director TIME ....... ....... 9:30 a.m. ° Friday, January 7, 1972 Gerard C. Lacey Assistant Director PLACE.............Parks and Recreation Office ® 2800 Watkins Lake Road Pauline McCormick Adm. Assistant Pontiac, Michigan 48054 0 PURPOSE ........... Special Meeting. The meeting is called in accordance with authori- zation of Frances Clark, Chairman of the Parks and Recreation Commission. Cordially, Pauline McCormick PM:lw OAKLAND COUNTY PARKS AND RECREATION COMMISSION AGENDA January 7, 1972 1. Call meeting to order 2. Roll Call 3. Approval of minutes of December 10, 14, 15, 17, 22, and 28, 1971. 4. Reports by Mr. Lacey: a. 4-H Youth Activities Center b. Industrial appraisers request C. Legislative Report "Legacy of Parks". 5. Report on Addison -Oaks by Mr. Johnston 6. Statement of Operations - November 1971 7. Old Business 8. New Business 9. Adj ourn PARKS AND RECREATION COMMISSION oakland county service center 2800 watkins lake road pontiac, michigan 338-6196 Frances Clark December 30, 1971 Chairman Velma Austin Vice -Chairman Henry A. Schiffer Secretary ° Daniel W. Barry Clarence A. Durbin William L. Mainland Paul W. McGovern Donald W. Nick Carl W. O'Brien E. Frank Richardson Commissioners Pursuant to your instruction a meeting with 4H ° decision makers was held on Tuesday, December 28, 1971. Kenneth L. Van Natto Director The purpose of the meeting was to develop mutually ® satisfactory protocols, and preliminary agreements relative to the future association between The Oakland County Gerard C. Lacey Assistant Director Parks and Recreation Commission and the 4H Council at the Youth Activity Center, at Springfield -Oaks County Park. Pauline McCormick Adm. Assistant ® The attached report and prospectus for agreement outlines, what I hope you will accept, as fair and equitable terms for both parties. For the practical reason "that the constituency of both covenantees is subject to change, I believe these covenants should be in writing". There is also some Michigan authority to the effect that all agreements pertaining to leaseholds and joint occupancy of real estate should be in writing. It will be appreciated, if you will examine the contents of this "preliminary agreement" and bring your thoughts and inputs, relative thereto, to the January 7, 1972 Commission meeting. Sincerely yours, Gerard C. Lacey R E P O R T TO: Oakland County Parks and Recreation Commissioners FROM: Gerard C. Lacey SUBJECT: Report on meeting of Tuesday, December 28, 1971 with 4-H, relative to our mutual responsibilities for 4-H Activities Center at Springfield -Oaks. PERSONS PRESENT: Mrs. Scramlin - 4-H Advisory Council President Judge Norman Barnard - Ex-officio member Mr. Dave Dinger - 4-H Fair Board President Mr. James Harden - 4-H Youth Agent Gerard Lacey- Oakland County Parks and Recreation SUMMARY: 1. In essence the 4-H Council proposed that: "the 4-H Board have general supervision over planning, control and management of the 4-H Fair at Springfield -Oaks. 2. That monies/profits from 4-H Fair will be retained by the 4-H Agricultural Association to be used to operate the Oakland County 4-H Program. 3. There be no rental charges for 4-H activities, at Springfield -Oaks. 4. That times for 4-H activities as outlined in the attached schedule be allocated by Oakland County Parks and Recreation Commission. PROPOSED PRELIMINARY AGREEMENT By and Between Oakland County Parks and Recreation Commission and the Oakland County 4-H Board of Directors, for their association and joint occupancy of the "Youth Activities Center Building', lo- cated at Springfield -Oaks County Park, Davisburg, Michigan herein- after called Center. This Agreement was proposed the 28 day of December, 1971 by members of the 4-H Advisory Council, as designated representatives of the 4-H Board of Directors, hereinafter called 4-H, and presented to Gerard C. Lacey, Assistant Director, Oakland County Parks and Recreation, as the representative of the Oakland County Parks and Recreation Commission, hereinafter called Commission. The 4-H Propose as Follows: 1. That the proposed annual schedule of 4-H events, enclosed herein, be accepted by the Commission and the dates and times requested be allocated for 4-H usage during the year 1972, except as may be modi- fied by the mutual consent of the parties hereto. 2. That the 4-H submit by January 1 each year, hereafter, a proposed schedule of 4-H activities to be reviewed for the consent of, The Commission, for the dates and times therein requested. 3. That there be no rental chargeable to the 4-H for the use of the Center, during the 4-H Fair period or during the interim usage throughout the calendar year. 4. That the annual 4-H Fair be held at the Center, under the management and supervision of 4-H. 5. That monies and/or profits from said Fair inure to be retained by 4-H for the operation of the Oakland County 4-H program, except as specifically provided to defray expenses incurred by the Commission, resultant of such activities, and outlined hereunder. -2- 6. That in the event that due to adverse weather, act of God or other calamity, the 4-H Fair should lose money, and the 4-H deem it necessary, to hold another Fair, at another time, during the same calendar year, that such additional dates should be negotiated and shall not be unreasonably with- held by the Commission. 7. That the 4-H be permitted to move their Service Club food trailer to the Center; that it be permitted to remain there at a mutually agreeable site; that it be operated by the 4-H during the 4-H Fair and dur- ing such other events as are mutually agreed to; that monies derived from the food trailer operation dur- ing 4-H Fair time be retained by the 4-H; that the operation of the trailer by 4-H be permitted during such other events as can be mutually agreed to; that during such other events, wherein the Commission may have a proprietory interest, and where feasible, a mutually satisfactory financial arrangement may be negotiated, wherein the Commission would receive a percentage of the revenues derived from such operation. The Commission Proposes as Follows: 1. To receive the proposed annual 4-H schedule of events before'January 1st each year, review it, for rati- fication, or possible modification, and to give its consent to the time and dates requested in sufficient time that same may be effected by 4-H. 2. To accept the above outlined 4-H proposals as stated except that in amplification of the 4-H responsibilities pertaining to the conduct of the 4-H Fair, it is understood and agreed that the 4-H accept the responsi- bilities for the following costs. 1. Tents, rental and erection 2. Electrical work, special wiring, gas, water and sewer connections not immediately available 3. Police protection 4. Maintenance and manure removal 5. Garbage removal 6. hest rooms, maintenance of 7. Fair book 8. Judges fees 9. Paid labor, in all matters pertinent to the development and coordination of the Fair 10. Advertising 11. Auctioneer - 3- 12. Fireworks 13. General supplies 14. Ribbons and trophies 15. Premium monies 16— Ambulance 17. Utilities, including cost of electrical power utilized in preparation for, conduct of, and dismantling and clean-up of Fair 18. Insurance which indemnifies and saves harmless the Commission its officers, agents, employees, from any and all claims, causes of action and suits occuring or resulting from any damage, injury or loss to any person or persons what- soever 19. Hay - straw 20. Livestock buyers luncheon 21. Commercial exhibitors, costs including special services, necessary insurance including workmens liability 22. Parking attendants 23. Carnival costs, including insurance which indemnifies the Commission 24. Water - hook-up to the livestock tents and carnival 25. Storage and security therefore 26. Modification, electric hook-up and water lines to the storage building which can be mutually agreed to, except where the benefit of such modi- fication flows to the Commission, 3, That the Commission operate the food service within the Activities Building during the 4-H Fair, and it retain sufficient dining space within the small hall to seat at least fifty or sixty (50 or 60) people; that any monies derived from this food operation be retained by the Commission. 4. That the 4-H shall pay for the cost of electricity consumed as a result of their usage of the Center throughout the year as well as the cost for electricity consumed during 4-H Fair -time. These costs are to be determined by the use of cost factors provided by, Detroit Edison, multiplied by the hours of usage. Where possible the Commission shall project such costs to enable the 4-H to budget them. -4- 5. That the Commission shall have the right to review, before the fact, the selection, of the Carnival to be picked by the 4-H. This review is not for the purpose of intervening in financial arrangements, but specifically to assess the quality of the Carnival equipment and the business ethics of the operator, in order to determine whether such selection will reflect for good or bad on the Commission. In the event that the Commission makes a negative determina- tion, the Commission and the 4-H shall negotiate the issues until an accord is reached. A Carnival con- tract may not be executed by the 4-H until there can be agreement. However, such agreement must not be unreasonably withheld. 6. That in all matters where there is a possibility of vicarious liability, criticism, or bad selection on the Commission resultant from the issuance of contracts by the 4-H, the Commission reserves the right to intervene, and stay the execution of any contract which might impair the Commissionis image. 7. That failure of the Commission to insist on any rule or regulation deemed reasonable to the proper conduct of an accepted activity, shall not constitute a waiver of the Commissionts right to require or deny such conduct as is appropriate to the sensibilities of reasonable men. 8. That this is a "Preliminary Agreement' to establish mutually beneficial guidelines for the parties hereto and that it shall govern as an "open-ended agreement", permitting both parties to negotiate for the in- sertion and/or deletion of such covenants as will make this agreement a mutually satisfactory working plan.