HomeMy WebLinkAboutResolutions - 2013.10.02 - 21056MISCELLANEOUS RESOLUTION # 13249 September 19, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — ADDITION OF K-9 DOG
WHEREAS Deputy Pesko's current canine, Maverick, is ready to retire after
faithfully serving the citizens of Oakland County in his role as a police canine; and
WHEREAS Deputy Pesko has purchased a dog to replace Maverick in the K-9
unit and this canine, Brig, is a Dutch Shepherd; and
WHEREAS Brig has been successfully trained and certified in the areas of
narcotics Detection, Article Searches, Tracking and Obedience; and
WHEREAS Brig has been thoroughly examined by Veterinarian Brian Covert and
been given a clean bill of health; and
WHEREAS the Oakland County Sheriff has concluded that Brig would be useful
and beneficial addition to his Office's K-9 Unit; and
WHEREAS Deputy Pesko has agreed to sell Brig to Oakland County for the
nominal sum of $1.00 on the condition that Brig be sold back to him for the same
nominal sum upon Deputy Pesko's transfer from the K-9 unit or at the end of Brig's
service life, whichever comes first; and
WHEREAS, the purchase of Brig from Deputy Pesko (as opposed to purchasing
an untrained canine through an outside source) will result in a savings to the County of
approximately $15,000; and
WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer
of Ownership Agreement is attached.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves buying Brig from Deputy David Pesko per the attached
Transfer of Ownership Agreement and that the Board Chairperson, on behalf of the
County of Oakland, is authorized to execute said agreement as attached.
PUBLIC SERVICES COMMITTEE
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 Deputy Pesko, and is intended to transfer ownership
of County property and release the County from all claims and liability with respect to such
property.
WHEREAS, Craig Pesko is a Deputy with the Oakland County Sheriffs Office,
Canine Unit (Unit) and has worked in this Unit for approximately 2 years;
WHEREAS, while Deputy Pesko has worked in this Unit, he has handled the same
canine, Maverick;
WHEREAS, Maverick, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Maverick is retiring from the Unit, and the Parties wish to
retire Maverick from the Unit, transfer ownership of Maverick to Mr. Craig Pesko, and release
all claims and liability the County may have with respect to Maverick; 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 Maverick to Mr. Craig Pesko 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, Mr. Craig Pesko will be
solely responsible for the care and maintenance of Maverick including, but not
limited to, veterinary bills, food, and grooming.
3. Mr. Craig Pesko releases and forever discharges the County and the Oakland
County Sheriffs Department 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
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 Maverick.
4. Mr. Craig Pesko 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 Department by an person or entity, alleged to have been
caused or found to arise from Maverick, and 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. Mr. Craig Pesko 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.
In witness hereof Sgt. Joseph Lambourn, Deputy Craig Pesko has executed this
Agreement consisting of two (2) pages this day of , 2003
STATE OF MICHIGAN )
) SS
COUNTY OF OAKLAND )
On this day of , 2003, 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 , 2003
Notary Public, Oakland County, Michigan
My Commission expires:
TRANSFER OF OWNERSHIP AGREEMENT
This Transfer of Ownership Agreement (Agreement) is entered into between the County of
Oakland and Deputy Craig Pesko, a Sheriff Deputy assigned to the Oakland County Sheriffs Office
K-9 Unit.
INTRODUCTORY STATEMENTS
1. Deputy Craig Pesko is a highly-trained and skilled member of the Sheriff's K-9 Unit.
He has served in this capacity for approximately two years and 15 years with Pontiac
PD.
2. Deputy Pesko current canine, Maverick, is ready to retire after faithfully serving the
citizens of Oaldand County in his role as a police canine for 7 years.
3. Deputy Pesko purchased a canine to replace Maverick. This canine, Brig, is a Dutch
Shepherd. _ .
4. DeputY Pesko has trained -and successfully certified Brig in the areas of Narcotics
Detection, Article Searches, Tracking and Obedience.
5. Brig has been thoroughly examined by Veterinarian Brian Covert and been given a
clean bill of health.
6. The Oakland County Sheriff has concluded that Brig would be a useful and beneficial
addition to the County's K-9 Unit.
7. The purchase of Brig from Deputy Pesko (as opposed to purchasing an untrained
canine through an outside source) will result in a savings to the County of
approximately $15,000.
NOW THEREFORE, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following terms and conditions:
A. Upon execution of this Agreement by both Parties, Deputy Pesko shall transfer
ownership of Brig to the County of Oakland in exchange for payment of one (1)
dollar. The Parties acknowledge that this is fair and sufficient consideration for the
transfer of ownership.
Upon execution of this Agreement by both Parties, Deputy Pesko agrees that he will
abide by all terms and conditions of the Sheriff .s K-9 program in conjunction with
Brig's service as a K-9 dog.
C. Upon execution of this Agreement, the cost of food, veterinary care, grooming,
boarding (when necessary), equipment and other related expenses for Brig shall be
paid by the County in accordance with the Canine Program Agreement previously
executed by Deputy Pesko upon his assignment to the Sheriffs Canine Unit.
D. The Parties agree that Deputy Pesko retains an unconditional right to purchase Brig
back from the County for a nominal sum of $1.00 upon any of the following events:
the Deputy's transfer out of the Canine unit; Deputy Pesko termination, resignation, or
retirement from the Oakland County Sheriff's Office, or Brig's retirement from
service in the K-9 unit for any reason including age, illness or disability.
Transfer of Ownership Agreement
Page 1 of 2
E. This Agreement constitutes the complete and entire Agreement between the County
and Deputy Pesko and fully supersedes any and all prior Agreements or
contemporaneous representations or understandings, verbal or oral, between them
concerning and in any way related to Brig.
F. This Agreement shall be governed by the laws of the State of Michigan.
G. Deputy Pesko acknowledges that he has had a sufficient opportunity to review this
Agreement and represents that he has carefully and fully read and understands the
same.
H. This Agreement shall not become effective prior to its approval by a resolution of the
Oakland County Board of Commissioners.
IN WITNESS WHEREOF Joseph Lambourn, Craig Pesko has executed this Agreement
consisting of two (2) pages and agrees to be bound by the terms and conditions thereof.
Executed: Dated:
Craig Pesko
Witnessed: Dated:
IN WITNESS WHEREOF, Michael Gingell, 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:
Michael Gingell, Chairperson
Oakland County Board of Commissioners
Witnessed: Dated:
Lisa Brown
Clerk, Register of Deeds
Oakland County
Transfer of Ownership Agreement
Page 2 of 2
Resolution #13249 September 19, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13249) October 2, 2013 BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — ADDITION 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 #05079,
authorized the Sheriff to purchase several K-9 dogs for use by the Sheriff's Office.
2. The County purchased "Maverick" seven years ago, and since Maverick is nearing
retirement age, the Sheriff recommends that Maverick be sold to his handler, Deputy
Craig Pesko.
3. The County will sell "Maverick " 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. The Sheriffs Office will replace Maverick with a new dog named Brig who will be
purchased from Deputy Pesko for the nominal sum of $1.00 which will result in savings to
the County of approximately $15,000.
5. No budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
Resolution #13249 October 2, 2013
Moved by Hoffman Supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
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i HEREBY APPROVE THiS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7.;
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 October 2,
2013, 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 2 nd day of October 2013.
Lisa Brown, Oakland County