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HomeMy WebLinkAboutResolutions - 2016.02.04 - 22196MISCELLANEOUS RESOLUTION # 16027 February 4, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT FOR K-9 DOG (NUKE) WHEREAS, Harvey Wilson is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and WHEREAS, while Deputy Wilson has worked in this Unit, he has handled the same canine, Nuke; and WHEREAS, the Oakland County Sheriff's Office wishes to retire Nuke from the Unit, transfer ownership of Nuke to Deputy Wilson, and release all claims and liability the County may have with respect to Nuke; 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 Nuke to Deputy Harvey Wilson 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 SERVICFS r-OMmITTEE 7 , 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 HARVEY WILSON, and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Harvey Wilson is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); WHEREAS, while Harvey Wilson has worked in this Unit, he has handled the same canine, Nuke; WHEREAS, Nuke, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Nuke is retiring from the Unit, and the Parties wish to retire Nuke from the Unit, transfer ownership of Nuke to Harvey Wilson, and release all claims and liability the County may have with respect to Nuke; 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 Nuke to Harvey Wilson 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, Harvey Wilson will be solely responsible for the care and maintenance of Nuke including, but not limited to, veterinary bills, food, and grooming. 3. Harvey Wilson 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 Nuke. 4. Harvey Wilson 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 Nuke, including 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. Harvey Wilson 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, Harvey Wilson has executed this Agreement consisting of three (3) pages and agrees to be bound by the terms and conditions thereof Executed: Dated: Harvey Wilson STATE OF MICHIGAN ) ) SS COUNTY OF OAKLAND ) On this day of , 20 the above individn21 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 Gingen, 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 #16027 February 4, 2016 The Chairperson referred the resolution to the Finance Committee. There were no objections.