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Home My WebLink AboutResolutions - 2007.04.26 - 28326April 5, 2007 MISCELLANEOUS RESOLUTION # 07079 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE — ADDITION OF K-9 DOG WHEREAS Deputy Topacio's current canine. Teddy, is ready to retire after faithfully serving the citizens of Oakland County in his role as a police canine for nearly 8 years; and WHEREAS Deputy Topacio has purchased a dog to replace Teddy in the K-9 unit and this canine, Raine, is a Belgian Malinois; and Whereas Raine has been successfully trained and certified in the areas of Narcotics Detection, Article Searches, Tracking and Obedience; and WHEREAS Raine has been thoroughly examined by Veterinarian Brian Covert and been given a clean bill of health; and WHEREAS the Oakland County Sheriff has concluded that Raine would a be useful and beneficial addition to his Office's K-9 Unit; and WHEREAS Deputy Topacio has agreed to sell Raine to Oakland County for the nominal sum of $1.00 on the condition that Raine be sold back to him for the same nominal sum upon Deputy Topacio's transfer from the K-9 unit or at the end of Raine's service life, whichever comes first; and WHEREAS, the purchase of Raine from Deputy Topacio (as opposed to purchasing an untrained canine through an outside source) will result in a savings to the County of approximately $15,000; and WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer of Ownership Agreement is attached. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves buying Raine from Deputy Chris Topacio per the attached Transfer of Ownership 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 AGREEMENT This Transfer of Ownership Agreement (Agreement) is entered into between the County of Oakland and Deputy Chris Topacio, a Sheriff Deputy assigned to the Oakland County Sheriffs Office K-9 Unit. INTRODUCTORY STATEMENTS 1. Deputy Chris Topacio is a highly-trained and skilled member of the Sheriffs K-9 Unit. He has served in this capacity for approximately eight years. 2. Deputy Topacio's current canine, Teddy, is ready to retire after faithfully serving the citizens of Oakland County in his role as a police canine for nearly 8 years. 3. Deputy Topacio purchased a canine to replace Teddy. This canine, Raine, is a Belgian Malinois. 4. Deputy Topacio has trained and successfully certified Raine in the areas of Narcotics Detection, Article Searches, Tracking and Obedience. 5. Raine has been thoroughly examined by Veterinarian Brian Covert and been given a clean bill of health. 6. The Oakland County Sheriff has concluded that Raine would be a useful and beneficial addition to the County's K-9 Unit. 7. The purchase of Raine from Deputy Topacio (as opposed to purchasing an untrained canine through an outside source) will result in a savings to the County of approximately $15,000. 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, Deputy Topacio shall transfer ownership of Raine to the County of Oakland 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, Deputy Topacio agrees that he will abide by all terms and conditions of the Sheriff's K-9 program in conjunction with Mite's service as a K-9 dog. C. Upon execution of this Agreement, the cost of food, veterinary care, grooming, boarding (when necessary), equipment and other related expenses for Raine shall be paid by the County in accordance with the Canine Program Agreement previously executed by Deputy Topacio upon his assignment to the Sheriffs Canine Unit. D. The Parties agree that Deputy Topacio retains an unconditional right to purchase Raine back from the County for a nominal sum of $1.00 upon any of the following events: the Deputy's transfer out of the Canine unit; Deputy Topacio's termination, resignation, or retirement from the Oakland County Sheriff's Office, or Raines retirement from service in the K-9 unit for any reason including age, illness or disability. Transfer of Ownership Agreement Page 1 of 2 E. This Agreement constitutes the complete and entire Agreement between the County and Deputy 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 Raine. F. This Agreement shall be governed by the laws of the State of Michigan. G. Deputy Topacio acknowledges that he has had a sufficient opportunity to review this Agreement and represents that he has carefully and fully read and understands the same. H. This Agreement shall not become effective prior to its approval by a resolution of the Oakland County Board of Commissioners. IN WITNESS WHEREOF, Chris Topacio has ex this Agreement consisting of two (2) pages and agrees to be ho . d by the s and conditions thereof Execute'. , illhoillr Dated: I ,6'12--667 Chris ape:or Witnessed: A- 11 Dated: 5-../4/A2 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. Executed: U3-124-4 Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners Dated: Witnessed: Dated: Ruth Johnson Clerk, Register of Deeds Oakland County Transfer of Ownership Agreement Page 2 of 2 Resolution #07079 April 5, 2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #07079) April 26, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — ADDITION 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. Due to the retirement of "Teddy", the Sheriffs Departments Canine unit is in need of an additional trained K-9, 2. Deputy Toped°, who has a trained dog "Raine", valued at $15,000, has agreed to sell "Raine to the county for the sum of $1.00. 3. Funding is available in the FY 2007 and FY 2008 budget therefore no amendments are recommended. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Coulter absent. • Resolution #07079 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, Greinnel, 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 Sb/o7 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 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 Apft, 2007. Ruth Jehittsolif, County Clerk