HomeMy WebLinkAboutResolutions - 2012.12.13 - 20653November 28. 2012
MISCELLANEOUS RESOLUTION #12306
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE: SHERIFFS OFFICE — DISPOSTION OF K-9 DOC BODI
WHEREAS. the Oakland County Board of Commissioners has authorized the
Sheriff to purchase several K-9 dogs for use by the Sheriffs Office; and
WHEREAS, the county purchased "Bodi" and Bodi has thithfully served the
County of Oakland in his role as a K-9 dog iror 8 years and is nearing retirement age., and
WHEREAS, because of the unique circumstances surrounding Bodi's training and
role as a K-9 dog, he has little, if any, fair market value and
WHEREAS, in recognition of Bodi's faithful service to the County and the
undeniable bond that has developed between Bodi and his handler, Deputy Michael
Garrison, the Sheriff recommends that Bodi be sold to Deputy Garrison 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 THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves selling the canine dog Bodi to Deputy Michael Garrison 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
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 Garrison, 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 Garrison has handled Bodi, a
K-9 dog purchased by the County for use in the Sheriffs K-9 Unit pursuant to Oakland County Board
of Commissioner's Miscellaneous Resolution 405079;
2. Bodi has faithfully served the County of Oakland in his role as a K-9 dog for
approximately 8.5 years and, at the age of 8.5, is nearing retirement age.
3. Because of the unique circumstances surrounding Bodi'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 Bodi's faithful service to the County and the undeniable bond that
has developed between Bodi and Deputy Garrison, the Sheriff recommends that Bodi be sold to
Deputy Garrison 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 ten -ns and conditions:
A. Upon execution of this Agreement by both Parties, the County shall transfer ownership of
Bodi to Michael Garrison 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 Garrison will, be solely
responsible for all aspects of Bodi's care and maintenance including but not limited to
veterinary bills, food, grooming and supervision.
C. Michael Garrison 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 Bodi's care and/or property or personal
injuries that may be inflicted by Bodi after this agreement is executed.
D. Michael Garrison shall indemnify and hold the County harmless from any and all claims
which are incurred by or asserted against the County and/or Oaldand County Sheriffs
Department by an person or entity alleged to have been caused or found. to arise from Bodi
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 Garrison expressly waives any
Transfer of Ownership and Release of Claims Agreement
Page 1 of 2
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 Garrison 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 Bodi.
F. This Agreement shall be governed by the laws of the State of Michigan.
•G. Michael Garrison 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 Garrison has executed this Agreement consisting of
two (2) pages and agrees to be bound by the terms and conditions thereof.
Executed: Date:
Michael Garrison
Witnessed: Date:
IN WITNESS WHEREOF, Bill Bullard, Jr., 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 J. Gingell, 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 #12306 November 28, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12306) December 13, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE — DISPOSMON OF K-9 DOG - BODI
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 #05079,
authorized the Sheriff to purchase several K-9 dogs for use by the Sheriffs Office.
2. The County purchased "Bodi" eight years ago, and since Bodi is nearing retirement, the
Sheriff recommends that Bodi be sold to his handler, Deputy Sheriff Michael Garrison.
3. The County will sell ''Bodi" 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 "Bodi", no budget amendment is recommended for
Fiscal Year 2013.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12306 December 13, 2012
Moved by Crawford supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gersherison, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (24)
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).
IHERNY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 December
13, 2012, 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 13th day of December, 2012.
E,J2f„,„1
Bill Buliard Jr., Oakland County