HomeMy WebLinkAboutResolutions - 2021.04.29 - 34363MISCELLANEOUS RESOLUTION.#21155 April 29, 2021
BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS
AGREEMENT FOR K-9 DOG (DRAKO)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Thomas Kangas was a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and
WHEREAS while Deputy Kangas worked in this Unit, he handled the same canine, Drako; and
WHEREAS the Oakland County Sheriff's Office wishes to retire Drako from the Unit, transfer ownership of
Drako to Deputy Kangas, and release all claims and liability the County may have with respect to Drako;
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 Drako to trainer and handler
Deputy Thomas Kangas.
BE IT FURTHER RESOLVED the County will sell Drako 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 Public Health and Safety Committee, I move the adoption of the foregoing
resolution.
Commissioner Penny Luebs, District #16
Chairperson, ublic Health and Safety
Committee
PUBLIC HEALTH AND SAFETY 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 THOMAS KANGAS, and is
intended to transfer ownership of County property and release the County from all claims and
liability with respect to such property.
WHEREAS, Thomas Kangas was a Deputy with the Oakland County Sheriffs
Office, Canine Unit (Unit);
WHEREAS, while Thomas Kangas worked in this Unit, he handled the same canine,
Drake;
WHEREAS, Drake, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Drako is retiring from the Unit, and the Parties wish to retire
Drako from the Unit, transfer ownership of Drako to Thomas Kangas, and release all claims
and liability the County may have with respect to Drako; 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 Drako to Thomas Kangas 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, Thomas Kangas will be
solely responsible for the care and maintenance of Drako including, but not
limited to, veterinary bills, food, and grooming.
3. Thomas Kangas 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 ofClarms Agreement
Page 1 of
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 Drako.
4. Thomas Kangas 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 Drako, 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.
Thomas Kangas 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 ownership and Release of Clams Agreement
Page of
IN WITNESS WHEREOF, Thomas Kangas has executed this Agreement consisting of
three (3) pages and agrees to be bound by the terms and conditions thereof.
Executed: Dated:
Thomas Kangas
STATE OF MICHIGAN )
) SS
COUNTY OF OAKLAND )
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 20_
Notary Public, Oakland County, Michigan
My Commission expires:
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County
Board of Commissioners, hereby aclmowledges 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:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Witnessed:
Dated:
Dated:
Transfer of Ownership and Release of Claims Agreement
Page 3 of 3
Resolution #21155 April 29, 2021
Moved by Long seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
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 April 29, 2021,
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 291h day of April, 2021.
Lisa Brown, Oakland County