HomeMy WebLinkAboutResolutions - 2021.10.13 - 34931Jr0'A K LA N D 72
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
October 13, 2021
MISCELLANEOUS RESOLUTION 921-405
Sponsored By: Penny Luebs
IN RE: Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Bolt)
Chairperson and Members of the Board:
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 handled the same canine, Bolt; and
WHEREAS the Oakland County Sheriff s Office wishes to retire Bolt from the Unit, transfer ownership of
Bolt to Deputy Pesko, and release all claims and liability the County may have with respect to Bolt; 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 the
transfer of ownership and release of claims agreement to transfer K-9 dog Bolt to trainer and handler Deputy
Craig Pesko.
BE IT FURTHER RESOLVED the County will sell Bolt to his current handler for the sum of $1.00 as
outlined in the Release of Claims Agreement.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
1 Date: October 13, 2021
David Woodward, Commissioner
aQu kWk Date October 14, 2021
Hilarie Chambers, Deputy County Executive 11
Date: October 15, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-10-05 Public Health & Safety - Recommend to Board
2021-10-13 Full Board
VOTE TRACKING
Motioned by Commissioner Gary McGillivray seconded by Commissioner Christine Long to adopt the attached
Contract: Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Bolt).
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip
Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, Adam L.
Kochenderfer, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray,
Robert Hoffman (19)
No: None (0)
Abstain: None (0)
Absent: Commissioner Miller III, Commissioner Gingell (2)
The Motion Passed.
ATTACHMENTS
Sheriff K-9 Bolt (Pesko) OWNERSHIP CLAIMS AGT
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 13, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my band and affixed the seal of the Circuit Court at Pontiac,
Michigan on Friday, October 13, 2021.
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Lisu Brown, Oakland County Clerk/Register of Deeds
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 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 Sheriff s Office,
Canine Unit (Unit);
WHEREAS, while Craig Pesko has worked in this Unit, he has handled the same
canine, Bolt;
WHEREAS, Bolt, a canine, is the County property to be transferred under this
Agreement;
WHEREAS, at this time, Bolt is retiring from the Unit, and the Parties wish to retire
Bolt from the Unit, transfer ownership of Bolt to Craig Pesko, and release all claims and
liability the County may have with respect to Bolt, and
WHEREAS, in consideration of the mutual promises, obligations, representations,
and assurances in this Agreement, the Parties agree to the following tens and conditions:
Upon execution of this Agreement by both Parties, the County shall transfer
ownership of Bolt to 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, Craig Pesko will be solely
responsible for the care and maintenance of Bolt including, but not limited to,
veterinary bills, food, and grooming.
Craig Pesko releases and forever discharges the County and the Oakland
County Sheriff s Office 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 1 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 Bolt.
4. 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 Office by any person or entity, alleged to have been caused or
found to arise from Bolt, including 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. 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.
THIS SECTION INTENTIONALLY LEFT BLANK
Transfer of Ownership and Release ofClamn 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:
Craig Pesko
STATE OF MICHIGAN )
) SS
COUNTY OF OAKLAND )
Dated:
On this day of 20 , 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 120
Notary Public, Oakland County, Michigan
My Commission expires:
IN WITNESS WHEREOF, David T. Woodward, 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:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Witnessed:
Dated:
Dated:
Transfer of Ownership and Release of Claims Agreement
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