HomeMy WebLinkAboutResolutions - 2014.06.11 - 21365MISCELLANEOUS RESOLUTION # 14121 May 15, 2014
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE
OF CLAIMS AGREEMENT FOR K-9 DOG (Raine)
WHEREAS, Chris Topacio is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit); and
WHEREAS, while Deputy Topacio has worked in this Unit, he has handled the same
canine, Raine; and
WHEREAS, the Oakland County Sheriff's Office wishes to retire Raine from the
Unit, transfer ownership of Raine to Deputy Topacio, and release all claims and liability
the County may have with respect to Raine; 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 transferring ownership of Raine to Deputy Chris Topacio per
the attached Transfer of Ownership and Release of Claims Agreement for $1, and that the
Board Chairperson, on behalf of the County of Oaldand, is authorized to execute the
agreement as attached.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on 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 CHRIS TOPACIO, and is intended
to transfer ownership of County property and release the County from all claims and liability
with respect to such property.
WHEREAS, Chris Topacio is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit);
WHEREAS, while Chris Topacio has worked in this Unit, he has handled the same
canine, Raine;
WHEREAS, Raine, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Raine is retiring from the Unit, and the Parties wish to retire
Raine from the Unit, transfer ownership of Raine to Chris Topacio, and release all claims and
liability the County may have with respect to Raine; and
WHEREAS, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following terms and conditions:
1. Upon execution of this Agreement by both Parties, the County shall transfer
ownership of Raine to Chris Topacio in exchange for payment of one ($1)
dollar. The Parties acknowledge that this is fair and sufficient consideration
for the transfer of ownership.
2. Upon execution of this Agreement by both Parties, Chris Topacio will be
solely responsible for the care and maintenance of Raine including, but not
limited to, veterinary bills, food, and grooming.
3. Chris Topacio releases and forever discharges the County and the Oakland
County Sheriffs Department from any and all claims, demands, rights, or
causes of action of whatsoever kind or nature which he may have, or which he
conceives he may have against them, arising out of any act, omission,
occurrence, or event, and all the consequences, damages, and injuries resulting
or alleged to result therefrom and, which may result or be alleged to result in
the future, even though the same are not presently known, and even though
there is no reason to believe that they may occur, and specifically all such
Transfer of Ownership and Release of Claims Agreement
Page 1 of 3
claims, demands, rights or causes or action which may be based upon or arise
out of the events which are related to the actions and/or receipt of Raine.
4. Chris Topacio 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 any person or entity, alleged to have been
caused or found to arise from Raine, and all claims relating to injury or death
of any person or damage to any property. There shall be no right against the
County for any indemnification (e.g., contractual, equitable, or by
implication), contribution, or subrogation.
5. This Agreement represents the entire Agreement and understanding between
the Parties. This Agreement supercedes all other oral or written agreements
between the Parties. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against
any Party.
6. This Agreement shall be governed by the laws of the State of Michigan.
7. Chris Topacio 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.
8. This Agreement shall not become effective prior to its approval by a resolution
of the Oakland County Board of Commissioners.
THIS SECTION IN IENTIONALLY LEFT BLANK
Transfer of Ownership and Release of Claims Agreement
Page 2 of 3
IN WITNESS WHEREOF, Chris Topacio has executed this Agreement consisting of three
(3) pages and agrees to be bound by the terms and conditions thereof.
Executed: Dated:
Chris Topacio
STATE OF MICHIGAN )
) SS
COUNTY OF OAKLAND )
On this day of , 20 , the above individual personally appeared
before me, is known to me to be the person described hereinRaine and who executed the
foregoing Agreement and who acknowledges that the Agreement was executed by Ike act
and deed.
Subscribed and sworn to before me this day of
Notary Public, Oaldand County, Michigan
My Commission expires:
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: Dated:
Michael Gingell, Chairperson
Oakland County Board of Commissioners
Witnessed: Dated:
Transfer of Ownership and Release of Claims Agreement
Page 3 of 3
Resolution #14121 May 15, 2014
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #14121) June 11, 2014
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR K-9 DOG (RAINE)
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. Resolution requests approval of transfer of ownership and release of claims agreement
documents, and transfer K-9 dog "Raine" to trainer and handler Deputy Chris Topacio;
and release all claims and liability the County may have with respect to Raine.
2. The County will sell "Raine" to his current handler for the nominal sum of $1.00 as
outlined in the attached Transfer of Ownership and Release of Claims Agreement.
3. No budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward and Matis absent.
Resolution #14121 June 11,2014
Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Crawford. (18)
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).
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I HERNEW APPR HIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 June 11,2014,
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 11 th day of June 2014.
;idet/
Lisa Brown, Oakland County