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HomeMy WebLinkAboutResolutions - 2003.12.11 - 27084MISCELLANEOUS RESOLUTION #03340 November 20, 2003 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: SHERIFF'S OFFICE - DISPOSITION OF CANINE (K-9) DOG To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by M.R. #99114 authorized the Sheriff to purchase several K-9 dogs for the use by the Sheriff's Office; and WHEREAS the county purchased "AZY" on July 19, 1999; and WHEREAS the K-9 Deputy who "AZY" is assigned to is requesting to leave the K-9 unit for personal reasons; and WHEREAS because of the individual training and loyalty established with the handler and the dog, it becomes unsuitable for the animal to be retrained with another handler; and WHEREAS these unique circumstances result in the animal having no fair market value for which it can be sold; and WHEREAS the Sheriff is recommending selling of this dog to his handler for a nominal sum; 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 selling the dog "AZY" to the Deputy assigned per the attached Transfer of Ownership and Release of Claims Agreement. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: 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 Brett Giroux, and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Brett Giroux is a Deputy with the Oakland County Sheriffs Department, Canine Unit (Unit) and has worked in this Unit for approximately four (4) years; WHEREAS, while Mr. Giroux has worked in this Unit, he has handled the same canine, Azy; WHEREAS, Azy, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Mr. Giroux is transferring from the Unit, and the Parties wish to retire Azy from the Unit, transfer ownership of Azy to Mr. Giroux, and release all claims and liability the County may have with respect to Azy; 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 Azy to Mr. Giroux 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, Mr. Giroux will be solely responsible for the care and maintenance of Azy including, but not limited to, veterinary bills, food, and grooming. 3. Mr. Giroux releases and forever discharges the County and the Oakland County Sheriffs Department 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 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 Azy. 4. Mr. Giroux 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 Department by an person or entity, alleged to have been caused or found to arise from Azy, and 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. Mr. Giroux 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. In witness hereof, Brett Giroux has executed this Agreement consisting of two (2) pages this /7 day of ltd-taactz- ,2003 STATE OF MICHIGAN ) SS COUNTY OF OAKLAND ) On this 11 day of 1iLe.J..vA41 , 2003, 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 I day of ka.cA-wze-1 , 2003 Cei-ert c 0-15vvv-e-k- otary Pu c, Oakland County, Michigan My Commission expires: JENNIFER IVIcCARRICK Notary Public, Oakland County, Michigan My Commission Expires March 4, 2007 2 Resolution #03340 November 20, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #03340) December 11, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: SHERIFF'S OFFICE - DISPOSITION OF CANINE (K-9) DOG 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. The Oakland County Board of Commissioners, per M.R. #99114, authorized the Sheriff to purchase several K-9 dogs for use by the Sheriff's Office. 2. The County purchased "AZY" July 19, 1999 and assigned the dog to a K-9 deputy who is now requesting to leave the K-9 unit. 3. Individual training and loyalty established between the handler and dog makes it unsuitable for the animal to be retrained with another handler. 4. The County will sell "AZY" to his current handler for the nominal sum of $1.00 as outlined in the attached Transfer of Ownership and Release of Claims Agreement. 5. No budget amendment is required for FY 2004. FINANCE COMMITTEE /froc__16,v FINANCE COMMITTEE Motion carried unanimously on a roll call vote. G. William Caddell, County Clerk Resolution #03340 December 11, 2003 Moved by KowaII supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION /z--/ Ido3 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 December 11, 2003 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thg County of Oakland at Pontiac, Michigan this 11th day of December, 2003.