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HomeMy WebLinkAboutResolutions - 2014.07.16 - 21403MISCELLANEOUS RESOLUTION #14143 June 11,2014 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (GIO) WHEREAS, Patrick Hatfield is a Sergeant with the Oakland County Sheriffs Office, Canine Unit (Unit); and WHEREAS, while Sergeant Hatfield has worked in this Unit, he has handled the same canine, GTO; and WHEREAS, the Oakland County Sheriffs Office wishes to retire GTO from the Unit, transfer ownership of GIO to Sergeant Hatfield, and release all claims and liability the County may have with respect to GTO; 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 GIO to Sergeant Patrick Hatfield per the attached Transfer of Ownership and Release of Claims Agreement for $1, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute the agreement as attached. PUBLIC SERVICES COMMITTEE 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 PATRICK HATFIELD, and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Patrick Hatfield is a Sergeant with the Oakland County Sheriffs Office, Canine Unit (Unit); WHEREAS, while Patrick Hatfield has worked in this Unit, he has handled the same canine, GIO; WHEREAS, GIO, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Sergeant Hatfield is retiring from the Unit, and the Parties wish to retire GIO from the Unit, transfer ownership of GIO to Patrick Hatfield, and release all claims and liability the County may have with respect to GIO; 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 GIO to Patrick Hatfield 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, Patrick Hatfield will be solely responsible for the care and maintenance of GIO including, but not limited to, veterinary bills, food, and grooming. 3, Patrick Hatfield 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 GIO. 4. Patrick Hatfield 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 GIO, 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. Patrick Hatfield 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 INTENTIONALLY LEFT BLANK Transfer of Ownership and Release of Claims Agreement Page 2 of 3 IN WITNESS WHEREOF, Patrick Hatfield has executed this Agreement consisting of three (3) pages and agrees to be bound by the terms and conditions thereof. Executed: Dated: Patrick Hatfield 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 herein and who executed the foregoing Agreement and who acknowledges that the Agreement was executed by free act and deed. Subscribed and sworn to before me this day of , 20 Notary Public, Oakland 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 Oaldand 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 #14143 June 11, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #14143) July 16, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (G10) 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 "Gio" to trainer and handler Sergeant Patrick Hatfield; and release all claims and liability the County may have with respect to Gio. 2. The County will sell "Gio" 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 Middleton absent. Resolution #14143 July 16, 2014 Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). "? I HEREBY APPROVE THIS 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 July 16, 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 16 th day of July 2014.