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HomeMy WebLinkAboutResolutions - 2025.05.22 - 42126 AGENDA ITEM: Transfer of Ownership and Release of Claims Agreement for K-9 Dog (Trip) DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Thursday, May 22, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-5260 Motion to approve the transfer of ownership and release of claims agreement for the K-9 Dog Trip to trainer and handler Deputy Craig Pesko; further, authorize the County to sell Trip to Deputy Craig Pesko for the sum of $1.00; further, authorize the Chair of the Board of Commissioners to execute the attached agreement. ITEM CATEGORY SPONSORED BY Contract Penny Luebs INTRODUCTION AND BACKGROUND Craig Pesko is a Deputy with the Canine Unit of the Oakland County Sheriff’s Office. While working in the Canine Unit, Deputy Pesko has handled the canine Trip. The Oakland County Sheriff’s Office wishes to retire Trip from the Canine Unit, transfer ownership of Trip to Deputy Craig Pesko, and release all claims and liability the County may have with respect to Trip. POLICY ANALYSIS • Trip is a Belgian Malinois. • His working duties were focused on explosives. • Trip has been with the county for approximately 5 - 6 years. • Trip is being retired because Deputy Craig Pesko is transitioning out of the K-9 Unit, and Trip is too old to transition to a new handler, as dogs typically retire between 7 - 8 years of service. FISCAL IMPACT: No Budget Amendment Needed Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Timothy Willis, Undersheriff Gaia Piir, Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 5/23/2025 AGENDA DEADLINE: 05/08/2025 4:30 PM ATTACHMENTS 1. SHERIFF - K-9 Transfer of Ownership - Trip COMMITTEE TRACKING 2025-05-13 Public Health & Safety - Recommend to Board 2025-05-22 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Christine Long Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Brendan Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, Kristen Nelson, Angela Powell, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward (16) No: None (0) Abstain: None (0) Absent: Michael Gingell, Robert Smiley (2) Passed Page 1 of 3 Transfer of Ownership and Release of Claims Agreement 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, Trip; WHEREAS, Trip, a canine, is the County property to be transferred under this Agreement; WHEREAS, at this time Trip is retiring from the Unit, and the Parties wish to retire Trip from the Unit, transfer ownership of Trip to Craig Pesko, and release all claims and liability the County may have with respect to Trip; 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 Trip 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 Trip including, but not limited to, veterinary bills, food, and grooming. 3. 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 Page 2 of 3 Transfer of Ownership and Release of Claims Agreement 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 Trip. 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 Sheriff's Office by any person or entity, alleged to have been caused or found to arise from Trip, 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 Page 3 of 3 Transfer of Ownership and Release of Claims Agreement 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 ____________, 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 _______________, 20__ _________________________________ 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: ________________________________ Dated: ________________ David T. Woodward, Chairperson Oakland County Board of Commissioners Witnessed: _______________________________ Dated: _________________