Loading...
HomeMy WebLinkAboutResolutions - 2014.11.19 - 21575MISCELLANEOUS RESOLUTION #14277 November 19, 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 (Knight) WHEREAS, Ian Kershaw is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and WHEREAS, while Deputy Kershaw has worked in this Unit, he has handled the same canine, Knight; and WHEREAS, the Oakland County Sheriffs Office wishes to retire Knight from the Unit, transfer ownership of Knight to Deputy Kershaw, and release all claims and liability the County may have with respect to Knight; 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 Knight to Deputy Ian Kershaw 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. /2,1 PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Bosnic 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 IAN KERSHAW, and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. VVIIEREAS, Ian Kershaw is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); WHEREAS, while Ian Kershaw has worked in this Unit, he has handled the same canine, Knight; WHEREAS, Knight, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Knight is retiring from the Unit, and the Parties wish to retire Knight from the Unit, transfer ownership of Knight to Ian Kershaw, and release all claims and liability the County may have with respect to Knight; 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 Knight to Ian Kershaw 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, Ian Kershaw will be solely responsible for the care and maintenance of Knight including, but not limited to, veterinary bills, food, and grooming. 3. Ian Kershaw releases and forever discharges the County and the Oakland County Sheriffs Office 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 Knight. 4. Ian Kershaw 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 Office by any person or entity, alleged to have been caused or found to arise from Knight, 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. Ian Kershaw 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. TIES SECTION INTENTIONALLY LEFT BLANK Transfer of Ownership and Release of Claims Agreement Page 2 of 3 IN WITNESS WHEREOF, Ian Kershaw has executed this Agreement consisting of three (3) pages and agrees to be bound by the terms and conditions thereof. Executed: Dated: Ian Kershaw STA I E 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 Oakland and hereby accepts and binds the County to the tern's and conditions thereof. Executed: Dated: Michael Gingell, Chairperson Oaldand County Board of Commissioners Witnessed: Dated: Transfer of Ownership and Release of Claims Agreement Page 3 of 3 Resolution #14277 November 19, 2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.