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HomeMy WebLinkAboutResolutions - 2008.11.20 - 9562November 6, 2908 .MISCELLANWOLIS RESOLUTION #,;08-•5.1 BY; Public. Services Committee, Jeff 'Potter, Chairperson IN RE: SHERIFF'S OFFICE — DISPOSTION.OF K-9 DOG WHEREAS, the Oakland County Board of Commissioners, by M.R. #99114 authorized the Sheriff to purchase several K-9 dogs use by the Sheriffs Office; and WHEREAS, the county purchased "R:ocko" pursuant to this resolution and Rocko has faithfully served the County of Oakland in his role as a K-9 dog for almost 9 years and is nearing retirement age:, and WHEREAS, because of the unique circumstances surrounding Rocko's training and role as a K-9 dog, he has little, if any, fair market value; and WHEREAS, in recognition of Rocko's faithful service to the County and the undeniable bond that has developed between Rocko and his handler, Deputy Sherry Locher, the Sheriff recommends that Rock° be sold to Deputy Locher for a nominal sum; and WHEREAS, this matter has been reviewed by Corporation Counsel and a Transfer of Ownership and Release of Claims Agreement is attached. NOW It THEREFORE BE RESOLVED that the Oakland County Board of Commissioners approves selling the dog Rocko to Deputy Sherry Locher per the attached Transfer of Ownership and Release of Claims Agreement and that the BOard Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. - Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public ServicespOrnmittee Vote: Motion carried unanimously on a roll call vote with Potter, Gingeli, Potts and Gregory 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 Sherry Locher and is intended to transfer ownership of County property and release the County from all claims and liability with respect to such property. WHEREAS, Sherry Locher ;5 a Deputy with the Oailand County Sheriffs Office, Canine Unit (Unit) and has worked in this thut for approximately 8 years; WHEREAS, while Deputy Locher has worked in this Unit, she has handled the same canine, Rocko; WHEREAS, Rock, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this tune. Deputy Locher is staying in the Unit, and the Parties wish to retire. Rock() from the Unit, transfer ownership of Rocko to Deputy Locher, and release all claims and liability the County may have with respect to Rocko: and WHEREAS, in consideranoi; of the niutua 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 lovatership of Rock;) to Sherry Locher in exchange for payment of one ($t) 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. Sherry Locher will be solely responsible for the care and maintenance of Rock° including, but not limited to. veterinary food. and groomini]. 3. Sherry Locher reiez:ses anerforever dischar ges the County of Oakland and the Oakland County Sheriffs Department from any and all claims, demands, rights, or causes of action of whatsoever kind or nature which she may have, or which she coneeive: site may have against them arising out of any act, omission: occurrence. or event, and all the consequences, damages, and injuries resultitw or alleged to result there from and, which may result or be alleged to result in the future, even though the same_are not presently tcnown, 4ind even though there is no reason to believe that they may occur, and specifically all such eiaim. demands, rights or causes or action which may be based upon or arise out of the events which are related to the actions andlor receipt of Rock°. 4. Subsequent to assuming ownership of Rocko, Shen -y Locher shall indemnify and hold the County harmless from any and all claims which are incurred by or asserted against the Cotinty and/or Oakland County Sheriffs Department by an person or entity, alleged to have been caused or found to arise from Rocko, and all claims :elating #0 injury or death of any person or damage to any property. There shall he no right against the County for any indemnification (e.u., contractual, equitable, or by implication), contribution, or subrogation.. 5. This Agrectnew represents the entire Agreement arid understanding between the Parties. Thic Agreement supercedes all other oral or written agreements between the Parties The language of this ./1,:reemieni, shall be construed as a whole accordim7 to its fair meaning. and not constraed strictly for or av.ains ., any Pam. 6. This Agreement shall be governed by the la\y., of tric State of Michigan. . ,Sherry Locher acknowledges that he has had a s -afficient opportunity to review this Agreement and represents that he has carefully and fully read and understands th is Agreement. In witness hereof. Sherry Locherhas executed this Agreement consisting of two (2) pages this daY of , 2008 Sherry Locher STA IE OF MICHIGAN ) - COUNTY OF OAKLAND ) • On this day of 2008, tine above individual personally appeared - before me, is known to me to be the person described herein an who executed the foregoing A(...Treerrient and who ackriowiedge n-7 that the Agreement was executed by free act and deed. Subscribed and sworn to before me this day of , 2008 • Notary Publi, Oakland County, Michigan My Commission expires: Resolution 408251 November 6, 2008 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #08251) BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — DISPOSITION 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. The Oakland County Board of Commissioners, per Miscellaneous Resolution #99114, authorized the Sheriff to purchase several K-9 dogs for use by the Sheriffs Office. 2. The County purchased "Rocko'' nine years ago, and since Rocko is nearing retirement, the Sheriff recommends that Rocko be sold to his handler, Deputy Sherry Locher. 3. The County will sell "Rookol to his current handler for the nominal sum of $1.00 as outlined in the attached Transfer of Ownership and Release of Claims Agreement. 4. Due to the planned replacement of "Rocko", no budget amendment is recomMended for Fiscal Year 2009 and Fiscal Year 2010. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Kowa11. Crawford, Potter and Rogers absent. November 20, 2008 h/2..w/d Resolution #0825 -I November 20, 2008 Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Ginger', Gosselin, Gregory. Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Zack, Bullard. (23) NAYS: None- (0 ) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HERESY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) 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 November 20, 2008, 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 20th day of November, 2008. Gat Ruth Johnson, County Clerk