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Home My WebLink AboutResolutions - 2018.10.10 - 23818MISCELLANEOUS RESOLUTION #18339 September 27, 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 (CLAY) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Travis Dick is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and WHEREAS, while Deputy Dick has worked in this Unit, he has handled the same canine, Clay; and WHEREAS, the Oakland County Sheriff's Office wishes to retire Clay from the Unit, transfer ownership of Clay to Deputy Dick, and release all claims and liability the County may have with respect to Clay; 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 Clay to Deputy Travis Dick 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 adoption of the foregoing resolution. kite Commissioner Iiiiiatnyef, District #404-3 vri Lk' 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 TRAVIS DICK, and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Travis Dick is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); WHEREAS, while Travis Dick has worked in this Unit, he has handled the same canine, Clay; WHEREAS, Clay, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Clay is retiring from the Unit, and the Parties wish to retire Clay from the Unit, transfer ownership of Clay to Travis Dick, and release all claims and liability the County may have with respect to Clay; 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 Clay to Travis Dick 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, Travis Dick will be solely responsible for the care and maintenance of Clay including, but not limited to, veterinary bills, food, and grooming. 3. Travis Dick 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 Clay. 4. Travis Dick 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 Clay, 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. Travis Dick 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, Travis Dick has executed this Agreement consisting of three (3) pages and agrees to be bound by the terms and conditions thereof Executed: Dated: Travis Dick 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 #18339 September 27, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. bninnissioner Thomas Middleton,TiiStrict #4 Chairperson, Finance Committee FISCAL NOTE (MISC. #18339) October 10, 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 (CLAY) 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 "Clay" to trainer and handler Deputy Travis Dick. 2. The County will sell "Clay" to his current handler for the sum of $1.00 as outlined in the Release of Claims Agreement. 3. No budget amendment is required. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #18339 October 10, 2018 Moved by Berman supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingen, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (20) 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). /c/t6/ HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 October 10, 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 10th day of October, 2018. 67e--71 -= Lisa Brown, Oakland County