HomeMy WebLinkAboutResolutions - 2016.02.17 - 22208MISCELLANEOUS 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 SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
TRANSFER OF OWNERSHIP AN]) 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 Clairns Agreement
Page I 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 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 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.
FISCAL NOTE (MISC. #16027) February 17, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR K-9 DOG (NUKE)
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 "Nuke" to trainer and handler Deputy Harvey Wilson;
and release all claims and liability the County may have with respect to Nuke.
2. The County will sell "Nuke' to his current handler for the sum of $1.00 as outlined in the
attached Transfer of Ownership and Release of Claims Agreement.
3. No budget amendment is required.
(51NATE COrliTTEE
-olargret L,14,.„64
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Quarles absent.
Resolution #16027 February 17, 2016
Moved by Hoffman supported by Dwyer the resolutions with (fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford. (19)
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).
W/4
( 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 February 17,
2016, 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 l7 of February, 2016,
Lisa Brown, Oakland County