HomeMy WebLinkAboutResolutions - 2018.05.02 - 23448MISCELLANEOUS RESOLUTION ,#18102 April 19, 2018
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS
AGREEMENT FOR K-9 DOG (PACO)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Michael Garrison is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit);
and
WHEREAS, while Deputy Garrison has worked in this Unit, he has handled the same canine, Paco;
and
WHEREAS, the Oakland County Sheriff's Office wishes to retire Paco from the Unit, transfer
ownership of Paco to Deputy Garrison, and release all claims and liability the County may have
with respect to Paco; 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 Paco to Deputy Michael Garrison 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.
Chairperson, on behalf of the Public Services Committee, I move ,theThiloption of the foregoing
resolution.
Corrimissioner Bill Dwyer, District #14
Chairperson, Public Services Committee
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 MICHAEL GARRISON, and is
intended to transfer ownership of County property and release the County from all claims and
liability with respect to such property.
WHEREAS, Michael Garrison is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit);
WHEREAS, while Michael Garrison has worked in this Unit, he has handled the
same canine, Paco;
WHEREAS, Paco, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Paco is retiring from the Unit, and the Parties wish to retire
Paco from the Unit, transfer ownership of Paco to Michael Garrison, and release all claims
and liability the County may have with respect to Paco; 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 Paco to Michael Garrison 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, Michael Garrison will be
solely responsible for the care and maintenance of Paco including, but not
limited to, veterinary bills, food, and grooming,
3. Michael Garrison 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 ClaimsAgreement
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 Paco.
4. Michael Garrison 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 Paco, 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 supereedes 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. Michael Garrison 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, Michael Garrison has executed this Agreement consisting of
three (3) pages and agrees to be bound by the terms and conditions thereof.
Executed: Dated:
Michael Garrison
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 #18102 Apr l 19, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
/ommissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FISCAL NOTE (MISC. #18102) May 2, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR K-9 DOG (PACO)
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 authorizes the Transfer of Ownership and Release of Claims Agreement for K-9 dog
"Paco" to trainer and handler Deputy Michael Garrison.
2. The County will sell "Paco" to his current handler for the sum of $1.00 as outlined in the
agreement.
3. No budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18102 May 2,2018
Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, KowaII, Long, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, 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.
f HEREBYAPPRCNErHieRESOLUTION
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 May 2, 2018,
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 2 nd day of May, 2018.
Lisa Brown, Oakland County