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HomeMy WebLinkAboutResolutions - 2016.10.26 - 22629MISCELLANEOUS RESOLUTION #16296 October 26, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE — TRANSFER OF OWNERSHIP AGREEMENT FOR K-9 DOG (BOLT) WHEREAS, Craig Pesko is a Deputy with the Oakland County Sheriffs Office, Canine Unit (Unit); and WHEREAS, while Deputy Pesko has worked in this Unit, he has obtained and trained another dog (Bolt) to become an explosive search dog; and WHEREAS Bolt has been successfully trained and certified with the National Association of Police Canine Handlers (NAPCH); and WHEREAS Bolt has been thoroughly examined by the County Veterinarian and has been given a clean bill of health; and WHEREAS the Oakland County Sheriff has concluded that Bolt would be useful and beneficial addition to his Offices K-9 Unit; and WHEREAS Deputy Pesko has agreed to sell Bolt to Oakland County for the nominal sum of $1.00 on the condition that Bolt 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 Bolt's service life, whichever comes first; and WHEREAS the purchase of Bolt from Deputy Pesko (as opposed to purchasing an untrained canine through and 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 transferring ownership of Bolt from Deputy Craig Pesko per the attached Transfer of Ownership Agreement for $1, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute the agreement as attached. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Dwyer and KowaII absent. 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 Sheriffs 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 21 years, and he has served approximately 5 years with the Oakland County Sheriffs Office. 2. Mr. Pesko has a canine to replace his previous canine. This canine, Bolt, is a German Shepherd. 3. Mr. Pesko has trained and successfully certified Bolt as an explosive search dog. 4. Bolt has been thoroughly examined by Veterinarian Brian Covert and been given a clean bill of health. 5. The Oakland County Sheriff has concluded that Bolt would be a useful and beneficial addition to the County's K-9 Unit. 6. The purchase of Bolt from Mr. 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, Mr. Pesko shall transfer ownership of Bolt to the County of Oakland 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 Sheriffs K-9 program in conjunction with Bolt'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 Bolt 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 Bolt 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 Oakland County Sheriff's Office, or Bolt's retirement from service in the K-9 Unit for any reason including age, illness or disability. 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 Bolt. Transfer of Ownership Agreement Page 1 of 1 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 2 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 STAIE OF MICHIGAN ) ) S 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 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 five years. 3. I wish to enter into an agreement with the County of Oakland to sell a German Shepherd canine, Bolt, 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 2016. Notary Public, State of Michigan, Oakland County My Commission Expires: Page 1 of 1 Resolution #16296 October 26, 2016 The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.