HomeMy WebLinkAboutResolutions - 2011.10.05 - 18748September 22, 2011
MISCELLANEOUS RESOLUTION #11223
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE — DISPOSITION OF K-9 DOG - RUDY
WHEREAS, the Oakland County Board of Commissioners has authorized the
Sheriff to purchase several .K-9 dogs use by the Sheriffs Office; and
WHEREAS, the county purchased "Rudy" and Rudy has faithfully served the
County of Oakland in his role as a K-9 dog for 8 years and is nearing retirement age;, and
WHEREAS, because of the unique circumstances surrounding Rudy's training
and role as a K-9 dog, he has little, if any, fair market value; and
\VI-TER -FAS, in recognition of Rudy's faithful service to the County and the
undeniable bond that has developed between Rudy and his handler, Deputy David Roddy,
the Sheriff recommends that Rudy be sold to Deputy Roddy for a nominal sum; and
WHEREAS, this matter has been reviewed by Corporation Counsel and a
Transfer of Ownership and Release of Claims Agreement is attached.
NOW IT THEREFORE BE RESOLVED that the Oakland County Board
of Commissioners approves selling the canine dog Rudy to Deputy David Roddy per the
attached Transfer of Ownership and Release of Claims Agreement and that the Board
Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement
as attached.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote with Runestad absent.
TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
This Transfer of Ownership and Release of Claims Agreement (Agreement) is entered into
between the County of Oakland and Deputy David Roddy, a Deputy assigned to the Oakland County
Sheriffs Office K-9 litht.
INTRODUCTORY STATEMENTS
. As a member of the Shen.ff's K-9 Unit, Deputy David Roddy has handled Rudy, a K-9
dog purchased by the County for use in the Sheriffs K-9 Unit pursuant to a resolution of the Oakland
County Board of Commissioners;
2. Rudy has faithfully served the County of Oakland in his role as a K-9 dog for
approximately 8 years and, at the age of 9, is nearing retirement age.
3. Because of the unique circumstances surrounding Rudy's training and role as a K-9
dog, he has little fair market value for which he can be sold.
4. In recognition of Rudy's faithful service to the County and the undeniable bond that
has developed between Rudy and Deputy Roddy, the Sheriff recommends that Rudy be sold to
Deputy Roddy for a nominal sum,
NOW THEREFORE, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following terms and conditions:
A. Upon execution of this Agreement by both Parties, the County shall transfer ownership of
Rudy to David Roddy in exchange for payment of one ($1) dollar. The Parties
acknowledge that this is fair and sufficient consideration for the transfer of ownership.
B. Upon execution of this Agreement by both Parties, David Roddy will be solely
responsible for all aspects of Rudy's care and maintenance including but not limited to
veterinary bills, food, grooming and supervision.
C. David Roddy releases and forever discharges Oakland County and the Oakland County
Sheriffs Office from all actual and potential claims, complaints, demands, causes of
action, damages, costs, expenses, fees, and other liabilities of every son and description,
direct or indirect, fixed or contingent, known or unknown, suspected or unsuspected, and
whether or not liquidated, including, without limitation, claims based on preexisting and
future medical conditions or expenses related to Rudy's care and/or property or personal
injuries that may be inflicted by Rudy after this agreement is executed.
D. David Roddy shall indemnify and hold the County harmless from any and all claims
which are incurred by or asserted against the County and/or Oakland County Sheriffs
Department by an person or entity alleged to have been caused or found to arise from
Rudy after this agreement is executed including, but not limited to, all claims relating to
injury or death of any person or damage to any property. Deputy Roddy expressly waives
Transfer of Ownership and Release of Claims Agreement
Executed: Date:
Witnessed: Date:
any and all rights or claims against the County for indemnification (e.g., contractual,
equitable, or by implication), contribution, and subrogation.
E. This Agreement constitutes the complete and entire Agreement between the County and
Deputy David Roddy and fully supersedes any and all prior Agreements or
contemporaneous representations or understandings, verbal or oral, between them
concerning and in any way related to Rudy.
F. This Agreement shall be governed by the laws of the State of Michigan.
0. David Roddy acknowledges that he has had a sufficient opportunity to review this
Agreement and represents that he has carefully and hilly read and understands this
A g,reement.
H. This Agreement shall not become effective prior to the approval by a resolution of the
Oakland County Board of Commissioners.
IN WITNESS WHEREOF, David Roddy has executed this Agreement consisting of two (2)
pages and agrees to be bound by the terms and conditions thereof.
Executed: Date:
David Roddy
Witnessed: Date:
IN WITNESS WHEREOF, Michael Gingell, Chairperson, Oakland County Board, of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on
behalf of the County of Oakland and hereby accepts and binds the County to the terms and conditions
thereof.
Michael Qingell, Chairperson
Oakland County Board of Commissioners
Bill Bullard, Jr.,
Clerk, Register of Deeds
Oakland County
Transfer of Ownership and Release of Claims A eement
Resolution #11223 September 22, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11223) October 5, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — DISPOSITION OF K-9 DOG - RUDY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds .
1. The Oakland County Board of Commissioners, per Miscellaneous Resolution #99114,
authorized the Sheriff to purchase several K-9 dogs for use by the Sheriff's Office.
2. The County purchased "Rudy" eight years ago, and since Rudy is nearing retirement, the
Sheriff recommends that Rudy be sold to his handler, Deputy David Roddy.
3. The County will sell "Rudy" to his current handler for the nominal sum of $1.00 as
outlined in the attached Transfer of Ownership and Release of Claims Agreement.
4. Due to the planned replacement of "Rudy", no budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward, Potts, Greimel and Quarles absent.
Resolution #11233 October 5, 2011
Moved by Potts supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Mat's, McGillivray, Middleton, Nash, Potts, Quarles, Runestad, Scott, Weipert,
Zack, Bosnic. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 5,
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 5th day of October, 2011.
o94.
Bill Bullard Jr., Oakland County