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HomeMy WebLinkAboutResolutions - 2022.09.01 - 37591 AGENDA ITEM: Contract for Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Diago) 22-307 COMMITTEE MEETING: Board of Commissioners DATE: Thursday, September 1, 2022 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET DEPARTMENT SPONSORED BY Sheriff’s Office Penny Luebs INTRODUCTION AND BACKGROUND This is a request to approve the transfer of ownership and release of claims agreement to transfer K-9 dog Diago to trainer and handler Deputy Rodney White. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Curtis Childs Gaia Piir, Sheriff Fiscal Officer piirg@oakgov.com ITEM REVIEW TRACKING Board of Commissioners Created/Initiated - 9/1/2022 Board of Commissioners Approved - 9/1/2022 Executive's Office Approved - 9/8/2022 Clerk/Register of Deeds Final Approval - 9/14/2022 AGENDA DEADLINE: 09/01/2022 6:00 PM COMMITTEE TRACKING 2022-08-23 Public Health & Safety - Recommend to Board 2022-09-01 Full Board ATTACHMENTS 1. Sheriff K-9 Diago (White) OWNERSHIP CLAIMS AGT September 1, 2022 MISCELLANEOUS RESOLUTION #22-307 Sponsored By: Penny Luebs Sheriff’s Office - Contract for Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Diago) Chairperson and Members of the Board: WHEREAS Rodney White is a Deputy with the Oakland County Sheriff's Office, Canine Unit (Unit); and WHEREAS while Deputy White has worked in this Unit, he has handled the same canine, Diago; and WHEREAS the Oakland County Sheriff’s Office wishes to retire Diago from the Unit, transfer ownership of Diago to Deputy White, and release all claims and liability the County may have with respect to Diago; 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 Diago to trainer and handler Deputy Rodney White. BE IT FURTHER RESOLVED the County will sell Diago 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, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: September 01, 2022 David Woodward, Commissioner Date: September 08, 2022 Hilarie Chambers, Deputy County Executive II Date: September 14, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-08-23 Public Health & Safety - Recommend to Board 2022-09-01 Full Board VOTE TRACKING Motioned by Commissioner William Miller III seconded by Commissioner Angela Powell to adopt the attached Contract: for Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Diago). Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Adam Kochenderfer (18) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. Sheriff K-9 Diago (White) OWNERSHIP CLAIMS AGT 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 September 1, 2022, 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 on Thursday, September 1, 2022. Lisa Brown, Oakland County Clerk / Register of Deeds Page 1 of 3 Transfer of Ownership and Release of Claims Agreement 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 RODNEY WHITE and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Rodney White is a Deputy with the Oakland County Sheriff's Office, Canine Unit (Unit); WHEREAS, while Rodney White has worked in this Unit, he has handled the same canine, Diago; WHEREAS, Diago, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time, Diago is retiring from the Unit, and the Parties wish to retire Diago from the Unit, transfer ownership of Diago to Rodney White, and release all claims and liability the County may have with respect to Diago; and WHEREAS, in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following terms and conditions: 1. Upon execution of this Agreement by both Parties, the County shall transfer ownership of Diago to Rodney White 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, Rodney White will be solely responsible for the care and maintenance of Diago including, but not limited to, veterinary bills, food, and grooming. 3. Rodney White releases and forever discharges the County and the Oakland County Sheriff's 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 Page 2 of 3 Transfer of Ownership and Release of Claims Agreement 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 Diago. 4. Rodney White shall indemnify, defend, and hold the County harmless from any and all claims which are incurred by or asserted against the County and/or Oakland County Sheriff's Office by any person or entity, alleged to have been caused or found to arise from Diago, 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. Rodney White 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 Page 3 of 3 Transfer of Ownership and Release of Claims Agreement IN WITNESS WHEREOF, Rodney White has executed this Agreement consisting of three (3) pages and agrees to be bound by the terms and conditions thereof. Executed: ______________________________ Dated: _______________ Rodney White 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 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: _________________