HomeMy WebLinkAboutResolutions - 2011.10.05 - 18750September 22, 2011
MISCELLANEOUS RESOLUTION #11225
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFF'S OFFICE — DISPOSITION OF K-9 DOG - BOSS
WHEREAS, the Oakland County Board of Commissioners has authorized the
Sheriff to purchase several K-9 dogs for use by the Sheriff's Office; and
WHEREAS, the county purchased "Boss" and Boss 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 Boss's training and
role as a K-9 dog, he has little, ir any, Pair market value; and
WHEREAS, in recognition of Boss's faithful service to the County and the
undeniable bond that has developed between Boss and his handler, Deputy Michael
Richardson, the Sheriff recommends that Boss be sold to Deputy Richardson 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
o l'Commissioners approves selling the canine dog Boss to Deputy Michael Richardson
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 Michael Richardson, a Deputy assigned to the Oakland
County Sheriff's Office K-9 Unit.
INTRODUCTORY STATEMENTS
1. As a member of the Sheriffs K-9 Unit, Deputy Michael Richardson has handled Boss,
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 Coinmissioners;
2. Boss 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 Boss'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 Boss's faithful service to the County and the undeniable bond that
has developed between Boss and Deputy Richardson, the Sheriff recommends that Boss be sold to
Deputy Richardson for a nominal sum •
NOW THEREFORE, in consideration of the mutual promises, obligations, representations,
and assurances in this AD-cement, the Parties agree to the following terms and conditions:
A. Upon execution.. of this Agreement by both Parties, the County shall transfer ownership of
Boss to Michael Richardson 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, Michael Richardson will be solely
responsible for all aspects of Boss's care and maintenance including but not limited to
veterinary bills, food, grooming and supervision.
C. Michael Richardson 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 sort 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 Boss's care and/or property or personal
injuries that may be inflicted by Boss after this agreement is executed.
D. Michael Richardson shall iaideranify and hold the County harmless fi -om 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 Boss 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 Richardson expressly
Transfer of Ownership and Release of Claims Agreement
Page 1 of 2
waives 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 Michael Richardson 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 Boss.
F. This Agreement shall be governed by the laws of the State of Michigan.
G. Michael Richardson acknowledges that he has had a sufficient opportunity to review this
Agreement and represents that he has carefully and fully read and understands this
Agreement.
H. This Agreement shall not become effective prior to the approval by a resolution of the
Oakland County Board of Commissioners.
IN WITNESS WHEREOF, Michael Richardson has executed this Agreement consisting of
two (2) pages and agrees to be bound by the terms and conditions thereof.
Executed: - Date:
Michael Richardson
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.
Executed: Date:
Michael Gingen, Chairperson
Oakland County Board of Commissioners
Witnessed: Date:
Bill Bullard, Jr.,
Clerk, Register of Deeds
Oakland County
Transfer of Ownership and Release of Claims Agreement
Page 2 of 2
Resolution #11225 September 22, 2011
The Chairperson referred the resolution to the Finance committee. There were no objections.
FISCAL NOTE (MISC. #11225) October 5, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — DISPOSITION OF K-9 DOG - BOSS
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 "Boss" eight years ago, and since Boss is nearing retirement, the
Sheriff recommends that Boss be sold to his handler, Deputy Michael Richardson.
3. The County will sell "Boss" 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 "Boss", 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 #11225 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, Matis, McGillivray, Middleton, Nash, Potts, Quarles, Runestad, Scott, VVeipert,
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).
I wTEB OVE THE FOREGO,, Ma
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,
cy4.
Bill Bullard Jr., Oakland County