HomeMy WebLinkAboutResolutions - 2013.12.12 - 21133MISCELLANEOUS RESOLUTION #13314 December 12, 2013
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE
OF CLAIMS AGREEMENT FOR K-9 DOG
WHEREAS, Mr. Craig Pesko is a Deputy with the Oaldand County Sheriffs Office,
Canine Unit (Unit) and has worked in this Unit for approximately two (2) years; and
WHEREAS, while Deputy Pesko has worked in this Unit, he has handled the same
canine, Maverick; and
WHEREAS, the Oakland County Sheriff's Office wishes to retire Maverick from
the Unit, transfer ownership of Maverick to Deputy Pesko, and release all claims and
liability the County may have with respect to Maverick; 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 transferring ownership of Maverick to Deputy Craig Pesko per
the attached Transfer of Ownership and Release of Claims Agreement for $1, and that the
Board Chairperson, on behalf of the County of Oaldand, is authorized to execute said
agreement as attached.
PUBLIC SERVICES COMMITTEE
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
AFFIDAVIT OF CRAIG PESKO
STATE OF MICHIGAN )
) SS.
COUNTY OF OAKLAND )
This Affidavit is filed pursuant to MCL 15.323(2)(a), which permits a public servant to disclose
of any pecuniary interest in a contract with the public entity, if the public servant will directly
benefit from the contract in an amount less than $250 and less than 5%, by filing a sworn
affidavit to that effect with the official body.
Your affiant being first duly sworn deposes and says as follows:
1. If called upon to testify in this matter, I would be competent to testify to the
matters set forth herein.
2. I am presently a deputy with the Oakland County Sheriffs Office, Canine Unit
(Unit) and have worked in this Unit for approximately two years.
3. I wish to enter into an agreement with the County of Oakland to sell a Dutch
Shepherd canine, Brig, to the County of Oakland in exchange for payment of $1.00,
4. I will directly benefit from the contract in an, amount less than $250.00 and less
than 5% of the public costs of the contract.
FURTHER DEPONTH AND SAITH NOT.
Craig Pesko
Signed and sworn to before me in Oakland County, Michigan, on the day of
2013.
Notary Public, State of Michigan, Oakland County
My Commission Expires:
Page 1 of 1
TRANSFER OF OWNERSHIP AGREEMENT
This Transfer of Ownership Agreement (Agreement) is entered into between the County of
Oakland and Mr. Craig Pesko, a Sheriff Deputy assigned to the Oakland County Sheriff's Office K-9
Unit.
INTRODUCTORY STATEMENTS
1. Mr. 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 he has served
approximately 15 years with the Pontiac Police Department.
2. Mr. Pesko' s current canine, Maverick, is ready to retire after faithfiilly serving the
citizens of Oakland County in its role as a police canine for seven years.
3. Mr. Pesko purchased a canine to replace Maverick. This canine, Brig, is a Dutch
Shepherd.
4. Mr. 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 Mr. Pesko (as opposed to purchasing an =trained 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, Mr. Pesko shall transfer ownership
of Brig to the County of Oaldand in exchange for payment of one dollar ($1.00). The
Parties acknowledge that this is fair and sufficient consideration for the transfer of
ownership.
B. Upon execution of this Agreement by both Parties, Mr, 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 Mr. Pesko upon his assignment to the Sheriff's Canine Unit.
D. The Parties agree that Mr. Pesko retains a right of first refusal to purchase Brig back
from the County for a nominal sum of one dollar ($1.00) upon any of the following
events: Mr. Pesko's transfer out of the Canine Unit; Mr. Pesko's termination,
resignation, or retirement from the Oalcland 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 3
E. This Agreement constitutes the complete and entire Agreement between the County
and Mr. 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. Mr. 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.
THIS SECTION INTENTIONALLY LEFT BLANK
Transfer of Ownership 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 )
)SS
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 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:
Transfer of Ownership Agreement
Page 3 of 3
FISCAL NOTE (MISC. #13314) December 12, 2013
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AND RELEASE OF CLAIMS AGREEMENT
FOR 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. Resolution requests approval of transfer of ownership and release of claims agreement
documents, and transfer K-9 dog "Maverick" to trainer and handler Deputy Craig Pesko;
and release all claims and liability the County may have with respect to Maverick.
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. No budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent.
Resolution #13314 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).
HEREBY APPROVEWIS RESOLUTION
CHE OEPUTY 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 12 th day of December 2013.
Lisa Brown, Oakland County