HomeMy WebLinkAboutReports - 2023.12.07 - 40866
AGENDA ITEM: Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Rebel)
DEPARTMENT: Sheriff’s Office
MEETING: Board of Commissioners
DATE: Thursday, December 7, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3587
Motion to approve the transfer of ownership and release of claims agreement to transfer K-9 dog
(Rebel) to trainer and handler Deputy Harvey Wilson and authorize the Chair of the Board of
Commissioners to execute the attached agreement.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
Harvey Wilson is a Deputy with the Oakland County Sherrif’s Office, Canine Unit (Unit) and while
Deputy Wilson has worked in this Unit, he has handled the same canine, Rebel. Rebel has reached
the age of retirement and will be officially retired on January 8, 2024.
POLICY ANALYSIS
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Curtis Childs, Undersheriff
Gaia Piir, Sheriff Fiscal Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 12/7/2023
AGENDA DEADLINE: 12/07/2023 6:00 PM
ATTACHMENTS
1. SHERIFF - K-9 Rebel Transfer of Ownership
COMMITTEE TRACKING
2023-11-28 Public Health & Safety - Recommend to Board
2023-12-07 Full Board - Adopt
Motioned by: Commissioner Charles Cavell
Seconded by: Commissioner Ajay Raman
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault (18)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
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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 HARVEY WILSON, and is
intended to transfer ownership of County property and release the County from all claims and
liability with respect to such property.
WHEREAS, Harvey Wilson is a Deputy with the Oakland County Sheriff's Office,
Canine Unit (Unit);
WHEREAS, while Harvey Wilson has worked in this Unit, he has handled the same
canine, Rebel;
WHEREAS, Rebel, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Rebel is retiring from the Unit, and the Parties wish to retire
Rebel from the Unit, transfer ownership of Rebel to Harvey Wilson, and release all claims and
liability the County may have with respect to Rebel; 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 Rebel to Harvey Wilson 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, Harvey Wilson will be
solely responsible for the care and maintenance of Rebel including, but not
limited to, veterinary bills, food, and grooming.
3. Harvey Wilson 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
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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 Rebel.
4. Harvey Wilson 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 Rebel, 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. Harvey Wilson 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
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Transfer of Ownership and Release of Claims Agreement
IN WITNESS WHEREOF, Harvey Wilson has executed this Agreement consisting of three
(3) pages and agrees to be bound by the terms and conditions thereof.
Executed: ______________________________ Dated: _______________
Harvey Wilson
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: _________________