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Home My WebLink AboutResolutions - 2007.04.26 - 28325April 5, 2007 MISCELLANEOUS RESOLUTION # 07078 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — DISPOSITION OF K-9 DOG WHEREAS, the Oakland County Board of Commissioners, by M.R. #99114 authorized the Sheriff to purchase several K-9 dogs used by the Sheriffs Office; and WHEREAS, the county purchased "Teddy" pursuant to this resolution and Teddy has faithfully served the County of Oakland in his role as a K-9 dog for almost 7 years and is nearing retirement age:, and WHEREAS, because of the unique circumstances surrounding Teddy's training and role as a K-9 dog, he has little, if any, fair market value; and WHEREAS, in recognition of Teddy's faithful service to the County and the undeniable bond that has developed between Teddy and his handler, Deputy Chris Topacio, the Sheriff recommends that Teddy be sold to Deputy Topacio 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 IT THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves selling the dog Teddy to Deputy Chris Topacio per the attached Transfer of Ownership and Release of Claims Agreement and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. 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 Deputy Chris Topacio, a Deputy assigned to the Oakland County Sheriff s Office K-9 Unit. INTRODUCTORY STATEMENTS 1. As a member of the Sheriff's K-9 Unit, Deputy Chris Topacio has handled Teddy, a K-9 dog purchased by the County for use in the Sheriff's K-9 Unit pursuant to Oakland County Board of Commissioner's Miscellaneous Resolution #99114; 2. Teddy has faithfully served the County of Oakland in his role as a K-9 dog for approximately 7 years and, at the age of 9, is nearing retirement age. 3. Because of the unique circumstances surrounding Teddy's training and role as a K-9 dog, he has little fair market value for which he can be sold. 4. In recognition of Teddy's faithful service to the County and the undeniable bond that has developed between Teddy and Deputy Topacio, the Sheriff recommends that Teddy be sold to Deputy Topacio for a nominal sum. NOW THEREFORE, in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following terms and conditions: A. Upon execution of this Agreement by both Parties, the County shall transfer ownership of Teddy to Chris Topacio in exchange for payment of one ($1) dollar. The Parties acknowledge that this is fair and sufficient consideration for the transfer of ownership. B. Upon execution of this Agreement by both Parties, Chris Topacio will be solely responsible for all aspects of Teddy's care and maintenance including but not limited to veterinary bills, food, grooming and supervision. C. Chris Topacio releases and forever discharges Oakland County and the Oakland County Sheriff's Office from all actual and potential claims, complaints, demands, causes of action, damages, costs, expenses, fees, and other liabilities of every sort and description, direct or indirect, fixed or contingent, known or unknown, suspected or unsuspected, and whether or not liquidated, including, without limitation, claims based on preexisting and future medical conditions or expenses related to Teddy's care and/or property or personal injuries that may be inflicted by Teddy after this agreement is executed. D. Chris Topacio 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 Teddy after this agreement is executed including, but not limited to, all claims relating to injury or death of any person or damage to any property. Deputy Topacio expressly Transfer of Ownership and Release of Claims Agreement Page 1 of 2 IN WITNESS WHEREOF, Chris Topacio has executed this Agreement consisting of two (2) pages and agrees to be bound by the terms and conditions thereof. Date: Date: .5-7414 elo Date: Date: ))/J,e ig 1-SQ/4 ák Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners Executed: Witnessed: waives any and all rights or claims against the County for indemnification (e.g., contractual, equitable, or by implication), contribution, and subrogation. E. This Agreement constitutes the complete and entire Agreement between the County and Deputy Chris Topacio and fully supersedes any and all prior Agreements or contemporaneous representations or understandings, verbal or oral, between them concerning and in any way related to Teddy. F. This Agreement shall be governed by the laws of the State of Michigan. G. Chris Topacio 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. H. This Agreement shall not become effective prior to the approval by a resolution of the Oakland County Board of Commissioners. IN WITNESS WHEREOF, Bill Bullard, Jr., 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. Ruth Jobe's& Clerk, Register of Deeds Oakland County Transfer of Ownership and Release of Claims Agreement Page 2 of 2 Resolution #07078 April 5, 2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #07078) April 26, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE - DISPOSITION OF 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 Miscellaneous Resolution. #99114, authorized the Sheriff to purchase several K-.9 dogs for use by the Sheriffs Office. 2. The County purchased "Teddy" July 19, 1999, and since Teddy is nearing retirement, the Sheriff recommends that Teddy be sold to his handler, Deputy Chris Topacio. 3. The County will sell "Teddy" to his current handler for the nominal sum of $1.00 as outlined in the attached Transfer of Ownership and Release of Claims Agreement. 4. Due to the planned replacement of "Teddy", no budget amendment is required for FY 2007 and FY 2008. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Coulter absent. Resolution #07078 April 26, 2007 Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Woodward, Zack, Bullard. (25) 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). I HEREBY APPROVE THE FOREGOING RESOLUTION l e STATE OF MICHIGAN) COUNTY OF OAKLAND) 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 April 26, 2007, 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 26th day of April, 2007. ; Johnsbfi, County Clerk