HomeMy WebLinkAboutResolutions - 2020.06.01 - 33290MISCELLANEOUS RESOLUTION #20177 June 4, 2020
BY: Commissioner Penny Luebs, Chairperson, Hath; S—aFety,-and Human Services Committee
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS
AGREEMENT FOR K-9 DOG (ODIN)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Christopher Cadotte was a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and
WHEREAS while Deputy Cadotte worked in this Unit, he handled the same ranine, Odin; and
WHEREAS the Oakland County Sheriff's Office wishes to retire Odin from the Unit, transfer ownership of
Odin to Deputy Cadotte, and release all claims and liability the County may have with respect to Odin;
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 the
transfer of ownership and release of claims agreement to transfer K-9 dog Odin to trainer and handler,
Deputy Christopher Cadotte.
BE IT FURTHER RESOLVED the County will sell Odin to his current handler for the sum of $1.00 as
outlined in the Release of Claims Agreement.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
Commissioner nny Luebs, District #16
Chairperson, Ith, Safety and Human Services
Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kochenderfer and Gingell absent.
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 CHRISTOPHER CADOTTE, and is
intended to transfer ownership of County property and release the County from all claims and
liability with respect to such property.
WHEREAS, Christopher Cadotte is a former Deputy with the Oakland County
Sheriffs Office, Canine Unit (Unit);
WHEREAS, while Christopher Cadotte has worked in this Unit, he has handled the
same canine, Odin;
WHEREAS, Odin, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Odin is retiring from the Unit, and the Parties wish to retire
Odin from the Unit, transfer ownership of Odin to Christopher Cadotte, and release all claims
and liability the County may have with respect to Odin; and
WHEREAS, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following terms and conditions:
Upon execution of this Agreement by both Parties, the County shall transfer
ownership of Odin to Christopher Cadotte 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, Christopher Cadotte will
be solely responsible for the care and maintenance of Odin including, but not
limited to, veterinary bills, food, and grooming.
Christopher Cadotte 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 ofClamms Agreement
Page] of3
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 Odin.
4. Christopher Cadotte 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 Odin, 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. Christopher Cadotte 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 0wnerslup and Release of Claims Agreement
Page 2 of
IN WITNESS WHEREOF, Christopher Cadotte has executed this Agreement consisting of
three (3) pages and agrees to be bound by the terms and conditions thereof.
Executed:
Christopher Cadotte
STATE OF MICHIGAN )
) SS
COUNTY OF OAKLAND )
Dated:
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
►M
Notary Public, Oakland County, Michigan
My Commission expires:
IN WITNESS WHEREOF, David T. Woodward, 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:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Witnessed: Dated:
Transfer of Ownership and Release of Claims Agreement
Page 3 of3
Resolution #20177 June 4, 2020
Moved by Gershenson seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
Discussion followed.
Vote on Consent Agenda, as amended:
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A h)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 June 4, 2020,
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 Circuit Court at Pontiac,
Michigan this 4"' day of June, 2020.
Lisa Brown, Oakland County