HomeMy WebLinkAboutResolutions - 2012.12.13 - 20654November 28, 2012
MISCELLANEOUS RESOLUTION 42307
BY: Public Services Committee, Jim Runestad, Chairperson
IN RE; SHERIFFS OFFICE — DISPOSTION OF K-9 DOG KELO
WHEREAS, the Oakland County Board of Commissioners has authorized the
Sheriff to purchase several .K-9 dogs .f.br use by the Sheriff's Office; and
WHEREAS, the county purchased "Kelt)" and Keio 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 Kelo's training and
role as a K-9 dog, he has little, if any, fair market value; and
WHE,R[:A_S, in recognition of Kelo's faithful sers..Tic.e to the County and the
undeniable bond that has developed between .K.elo and his handler, Deputy Rodney
White, the Sheriff recommends that .1<lelo be sold. to Deputy White 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 Kelt) to Deputy Rodney White 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 unanimous] s' 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 Rodney White, a Deputy assigned to the Oakland County
Sheriffs Office K-9 Unit.
INTRODUCTORY STATEMENTS
1. As a member of the Sheriff's K-9 Unit, Deputy Rodney White has handled Kelo, a K-
9 dog purchased by the County for use in the Sheriff's 1‹.-9 Unit pursuant to Oakland County Board of
Commissioner's Miscellaneous Resolution 405079;
2. Kelo 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 Kelo'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 Kelo's faithful service to the County and the undeniable bond that
has developed between Kelo and Deputy White, the Sheriff recommends that Kelo be sold to Deputy
White 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
Kelo to Rodney White 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, Rodney White will be solely
responsible for all aspects of Kelo's care and maintenance including but not limited to
veterinary bills, food, grooming and supervision.
C. Rodney White 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 Kelo's care and/or property or personal
injuries that may be inflicted by Kelo after this agreement is executed.
D. Rodney White 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 Kelo
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 White 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 Rodney White 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 Kelo.
F. This Agreement shall be governed by the laws of the State of Michigan.
G. Rodney White 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, Rodney White has executed this Agreement consisting of two
. (2) pages and agrees to be bound by the terms and conditions thereof.
Executed: Date:
Rodney White
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 #12307 November 28, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
/ f.FINA,yCE
FISCAL NOTE (MISC. #12307) December 13, 2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFFS OFFICE — DISPOSITION OF K-9 DOG - KELO
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 Sheriff's Office,
2. The County purchased "Kelo" eight years ago, and since Kelo is nearing retirement, the
Sheriff recommends that Kelo be sold to his handler, Deputy Sheriff Rodney White,
3. The County will sell " Kelo " 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 "Kelo", no budget amendment is recommended for
Fiscal Year 2013.
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12307 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, Gershenson, 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).
HEREBY APPROVE THIS RES iPLUTIO
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL45M9A (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,,01„,,i 094.
Bill Bullard Jr., Oakland County