HomeMy WebLinkAboutResolutions - 2013.12.12 - 21132MISCELLANEOUS RESOLUTION #13313 December 12, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — AMENDMENT TO M.R. #13249-ADDITION OF
K-9 DOG
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS M.R. #13249 authorized the addition of a K-.9 Dog from Deputy
Craig Pesko; and
WHEREAS in the Now Therefore Be It Resolved paragraph, Deputy Craig
Pesko's name was incorrectly identified as David Pesko; and
WHEREAS Corporation Counsel has added an affidavit from Craig Pesko; and
WHEREAS this matter has been reviewed by Corporation Counsel and a Transfer
of Ownership Agreement and a sworn affidavit from Deputy Pesko stating that he will
directly benefit from the contract in an amount less than $250 and less than 5% of the
public cost of the contract is attached.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby amends MR #13249 to approve buying Brig from Deputy Craig
Pesko per the attached Transfer of Ownership Agreement for the nominal sum of $1.00
and that the Board Chairperson, on behalf of the County of Oakland, is authorized to
execute said agreement as attached.
Chairperson, on behalf of Public Services Committee, I move the adoption of the
foregoing resolution.
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 Craig 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 two (2) years;
WHEREAS, while Mr. Craig 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
Transfer of Ownership and Release of Claims Agreement
Page of 3
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 any 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., contactual, 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.
8. This Agreement shall not become effective prior to its approval by a resolution
of the Oakland County Board of Commissioners.
TIES SECTION INTENTIONALLY LEFT BLANK
Transfer of Ownership and Release of Claims Agreement
Page 2 of 3
IN WITNESS WHEREOF, Craig Pesko has executed this Agreement consisting of three (3)
pages and agrees to be bound by the terms and conditions thereof.
Executed:
Dated:
Craig Pesko
STATE OF MICHIGAN )
) 55
COUNTY OF OAKLAND )
On this day of , 2013, 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 , 2013
Notary Public, Oakland County, Michigan
My Commission expires:
IN WITNESS WHEREOF, Michael Gingen, 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 Gingen, Chairperson
Oakland County Board of Commissioners
Witnessed: Dated:
Transfer of Ownership and Release of Claims Agreement
Page 3 of 3
FISCAL NOTE (MISC . #13313) December 12, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — AMENDMENT TO M.R. #13249 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. This resolution amends MR #13249 to allow for the acquisition and purchase of K-9 dog
"Brig"; in addition the resolution presents an affidavit correcting the name of the dog
handler and source vendor from David Pesko to Craig Pesko; and states that the direct
benefit to Deputy Craig is less than $250 and less than 5% of the public cost of the
contract.
3. No budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent,
)-1/ 6(113
Resolution #13313 December 12, 2013
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HE-46Y APPROVE TqlS 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 December 12,
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 12th day of December 2013.
Lisa Brown, Oakland County