HomeMy WebLinkAboutResolutions - 2005.12.08 - 27795MISCELLANEOUS RESOLUTION #05 275 November 10, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - ACCEPTANCE OF AT SYSTEMS DONATED VEHICLE FOR
USE BY THE SPECIAL RESPONSE TEAM (SRT)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS AT Systems, Inc, a Delaware Corporation desires to donate
a used armored vehicle (VIN #3FEWF8018XMA21001) to the Oakland County
Sheriff's Office; and
WHEREAS the Sheriff is willing to accept this vehicle; and
WHEREAS the Oakland County Sheriff's Office will be responsible
for all costs associated with maintenance of the vehicle (Forfeiture
funds); and
WHEREAS the vehicle will be used for training purposes and as a
tactical support vehicle for events requiring armored support, traffic
control and or rescue and transport of the SRT; and
WHEREAS Miscellaneous Resolution #83204, Procedure for Acceptance
of a Gift Donation from Private Sources, adopted by the Board of
Commissioners on July 14, 1984, provides for official acknowledgment
and acceptance of gifts, with financial implication to the County, by
the Board of Commissioners through signed resolution.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners acknowledges and accepts the Armored Vehicle from AT
Systems and authorizes the Chairperson of the Board to approve the
attached Used Vehicle Donation 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 on a roll call vote with Molnar absent.
•
AT SYSTEMS USED VEHICLE DONATION TO LAW ENFORCEMENT DONATION
AGREEMENT
This Agreement is made this day of 2005 by and between AT
Systems, Inc. ("AT") a Delaware Corporation and Oakland County Sheriffs Office, a law
enforcement agency located in, Oakland County, Pontiac, Michigan or US Government
("Agency").
WHEREAS AT desires to donate a used armored vehicle (Unit 3228) VIN number
3FEWF8018XMA21001 (the "Vehicle") to the Agency for use in the Agencies law enforcement
functions; and
WHEREAS Agency desires to receive the vehicle from AT for such exclusive purposes.
NOWTHEREFORE: In consideration of the mutual promises, covenants and premises herein
the parties agree as follows:
1) AT agrees to donate to the Agency an armored vehicle identified as VIN number
3FEWF8018XMA21001 (the "Vehicle"). Such Vehicle was put into service by
AT on August 11, 1999.
2) The Agency agrees to accept the Vehicle upon the terms set forth herein.
3) The Agency agrees and acknowledges that the Vehicle is being transferred to the
Agency on an as is, where is basis with all faults. The Agency acknowledges that
it has had an opportunity to inspect the Vehicle and it agrees to accept it in such
state.
4) In consideration for the donation of the Vehicle, the Agency agrees, upon its
acceptance of the Vehicle, to assume all legal obligations, responsibilities and
liabilities incident to the Agency's ownership of said Vehicle.
5) The Agency agrees that the Vehicle may only be used for law enforcement
purposes. If the Agency no longer desires to use the vehicle for such purposes,
the Agency agrees that it will either transfer the Vehicle to another law
enforcement agency with the same restrictions set forth herein, and with the
written consent of AT, which consent shall not be unreasonably withheld, or the
Vehicle shall be destroyed by appropriate methods.
6) The Agency agrees that the donation of the Vehicle to it by AT does not violate
any applicable law and that all necessary approvals by the Agency, or any
political subdivision of which it is a part, will be received prior to taking title to
the Vehicle.
7) This Agreement sets forth the entire Agreement, including the attached AT
Systems Vehicle Donation Program Application constitutes the entire agreement
between the parties in relationship to the transfer of the subject Vehicle.
8) The Agency agrees that the Vehicle is being transferred to it without any
warranties of any kind, including without limitation, any implied warranties or
implied warranties of merchantability or fitness for a particular purpose.
NOWTHEREFORE: The parties hereto, intending to be bound, have caused this Agreement to
be executed by their duly authorized representatives, who represent and warrant that they are so
authorized, effective as of the date first set forth above.
AGENCY AT SYSTEMS, INC.
Signature Signature
Name Name
Title Title
FISCAL NOTE (M.R. #05275) December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - ACCEPTANCE OF AT SYSTEMS DONATED VEHICLE FOR USE
BY THE SPECIAL RESPONSE TEAM (SRT)
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 resolution accepts the donation of a used armored vehicle from
AT Systems, Inc. for use by the Sheriff's Office.
2. The Sheriff's Office will be responsible for all costs associated
with the operation and maintenance of the vehicle.
3. Funds in the amount of $363,682.44 (balance as of 9/30/05) are
available in the Sheriff's Department Law Enforcement Enhancement
account (Fund 10100 #4030101-222430).
4. The Sheriff is requesting $2,700 of these funds be used to pay for
the operation and maintenance of the vehicle to enhance law
enforcement efforts in compliance with state law for the use of
these funds.
5. A FY 2006 budget amendment is recommended as follows:
GENERAL FUND #10100
Revenue
4030101-10100-112580-670285 Enhancement Funds
Total General Fund Revenue
Expenditures
4030601-10100-110040-776661 Motor Pool
4030601-10100-110040-774677 Insurance Fund
Total General Fund Expenditures
FY 2006
$ 2,700
$ 2,700
$ 1,700
$ 1,000
$ 2,700
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
Resolution #05275 November 10, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
1 OEM THE FORGOING RESOWNON
Resolution #05275 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
,0n••
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 8, 2005,
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 8th day of December, 2005.
RuttrAtinon, County Clerk