HomeMy WebLinkAboutResolutions - 2018.09.27 - 23794MISCELLANEOUS RESOLUTION #18318 September 5, 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 (EIKO)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Robert Loken is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and
WHEREAS, while Deputy Laken has worked in this Unit, he has handled the same canine, Eiko; and
WHEREAS, the Oakland County Sheriff's Office wishes to retire Elko from the Unit, transfer ownership of
Elko to Deputy Loken, and release all claims and liability the County may have with respect to Eiko; 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 Eiko to Deputy Robert Loken 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 the_adpption of the foregoing resolution.
Commissionfir Dyer, District #14
Chairpersonublic Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Spisz 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 ROBERT LOKEN, and is intended
to transfer ownership of County property and release the County from all claims and liability
with respect to such property.
WHEREAS, Robert Loken is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit);
WHEREAS, while Robert Loken has worked in this Unit, he has handled the same
canine, Eiko;
WHEREAS, Elko, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Elko is retiring from the Unit, and the Parties wish to retire
Eiko from the Unit, transfer ownership of Eiko to Robert Loken, and release all claims and
liability the County may have with respect to Eiko; and
W'HEREAS, 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 Elko to Robert Loken 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, Robert Loken will be
solely responsible for the care and maintenance of Eiko including, but not
limited to, veterinary bills, food, and grooming.
3. Robert Loken releases and forever discharges the County and the Oaldand
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 Eiko.
4. Robert Loken 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 Eiko, 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. Robert Loken 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, Robert Loken has executed this Agreement consisting of three
(3) pages and agrees to be bound by the -Leans and conditions thereof.
Executed: Dated:
Robert Laken
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
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 #18318 September 5, 2018
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #18318) September 27, 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 (EIKO)
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
"Eiko" to trainer and handler Deputy Robert Laken.
2. The County will sell "Eiko" to his current handler for the sum of $1.00 as outlined in the
agreement.
3. No budget amendment is required.
Tit
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall absent.
Resolution #18318 September 27, 2018
Moved by Fleming supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPritiVt YHIS 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 September 27,
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 27th day of September, 2018.
Lisa Brown, Oakland County