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HomeMy WebLinkAboutResolutions - 2016.04.21 - 22306MISCELLANEOUS RESOLUTION #16093 April 21, 2016 BY: Public Services Committee, Bill Dwyer, Chairperson IN RE: SHERIFF'S OFFICE — FISCAL YEAR 2016 MICHIGAN MEDICAL MARIHUANA OPERATION AND OVERSIGHT — GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Michigan Department of Licensing and Regulatory Affairs Bureau of Professional Licensing has awarded the Oakland County Sheriffs Office Narcotics Enforcement Team (NET) funding for the Fiscal Year (FY) 2016 Michigan Medical Marihuana Operation and Oversight (MMOO) Grant Program; and WHEREAS the grant application requested $323,725 in funding, which resulted in a grant award of $323,725; and WHEREAS there is no grant match required; and WHEREAS the grant funding period is October 1, 2015 through September 30, 2016; and WHEREAS the grant award will allow partial funding for overtime reimbursement of NET Investigators for marihuana investigations in the amount of $133,972; and WHEREAS the grant award will allow for purchase of evidence bags for storing marihuana plants in the amount of $1,000; and WHEREAS the grant award will allow for funding of in-state and out-of-state marihuana specific training in the amount of $10,000; and WHEREAS the grant award will allow for purchase of an evidence transportation van, 4-wheel drive truck and enclosed trailer in the amount of $80,753; and WHEREAS the grant award will allow for purchase of raid vests to protect officers during high-risk marihuana investigations in the amount of $98,000; and WHEREAS this grant award has completed the County Executive's Grant Review Process in accordance with the Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2016 Michigan Medical Marihuana Operation and Oversight Grant award, for the period October 1, 2015 through September 30, 2016, in the amount of $323,725. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized to execute the grant award and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original application as approved. BE IT FURTHER RESOLVED that one (1) van, one (1) truck and one (1) trailer be added to the County fleet. BE IT FURTHER RESOLVED this program is contingent upon continued grant funding. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. / PUBLIC SE2 V/I„CE, COMMITTEE , / 7 PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF Sheriff's Office GRANT NAME: 2016 Michigan Medical Marihuana Operation and Oversight Grant FUNDING AGENCY: Michigan Department of Licensing and Regulatory Affairs Bureau of Professional Licensing DEPARTMENT CONTACT PERSON: Liz Coleman 248 858-2866 STATUS: Acceptance DATE: March 21, 2016 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (3/17/2016) Department of Human Resources: FIR Approved (No Committee).- Lori Taylor (3/21/2016) Risk Management and Safety: Approved by Risk Management. --Robert Erlenbeck (3/21/2016) Corporation Counsel: Approved. -Nicole B. Tabin (3/21/2016) From: To: Cc; Subject: Date: Van Pelt, Laurie M Weg Catherine A; Taylor, Lot Lail_eatricjaG; Schultz, Dean 3 oiernan Ltzne ; Cunnlnoham, Dale A; Miles, lkent H.; Malone Jr., Prentiss Fe GRAN' REVIEW: Sheriff's Office - 2016 Michigan Medical Marihuana Operation and Oversight Grant' Acceptance Thbrsday, March 17, 2016 5:00:44 PM Approved. From: West, Catherine A Sent: Thursday, March 17, 2016 4:46 PM To: Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G; Schultz, Dean J Cc: Coleman, Lizbeth J; Cunningham, Dale A; Miles, Brent H; Malone Jr,, Prentiss Subject: GRANT REVIEW: Sheriffs Office - 2016 Michigan Medical Marihuana Operation and Oversight Grant - Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt Lori Taylor — Dean Schultz — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE —Sheriff's Office 2016 Michigan Medical Marihuana Operation and Oversight Grant Michigan Department of Licensing and Regulatory Affairs Bureau of Professional Licensing Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: March 24, 2016 GRANT INFORMATION Date: March 17, 2016 Operating Department: Sheriff's Office Department Contact: Liz Coleman Contact Phone: 248-858-2866 Document Identification Number: 2016BPLMMOG-OAKLAND REVIEW STATUS: Acceptance Resolution Required Funding Period: October 1, 2015 through September 15, 2016 Original source of funding: PA 84 of 2015 (Section 902) Will you issue a sub award or contract: No New Facility /Additional Office Space Needs: N/A IT Resources (New Computer Hardware / Software Needs or Purchases): N/A STATE OF MICHIGAN RICK SNYDER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MIKE ZIMMER GOVERNOR LANSING DIRECTOR March 9, 2016 Michael Gingell Oakland County Sheriff Office 1200 N. Telegraph Rd. Pontiac, MI 48341 Dear Mr. Gingell: We are pleased to let you know that your request has been approved for the Medical Marihuana Operation and Oversight Grants for Law Enforcement Offices. Attached you will find a copy of the Grant 2016BPLMMOG-OAKLAND with 2 signature pages signed by Director Mike Zimmer. Please sign both copies and return 1 to myself at: Rudy Litterini Bureau of Professional Licensing Department of Licensing and Regulatory Affairs Ottawa Building, 611 W. Ottawa Street, 3 rd Floor Lansing, MI 48933 Once we receive this document back we will finalize the grant and send you the purchase order number for your records. If you have any questions, please feel free to contact me at litterinirmichiqan.gov or 517-335-5970 Sincerely, Rudy Litterini Departmental Analyst Legal Affairs Division/ Boards and Committees Section Bureau of Professional Licensing Department of Licensing and Regulatory Affairs BUREAU OF PROFESSIONAL LICENSING 611 W. OTTAWA . P.O. BOX 30670 LANSING, MICHIGAN 48909 www.mIchigan.govibpl• 517-.373-8068 Department of Licensing and Regulatory Affairs Bureau of Professional Licensing Medical Marihuana Operation and Oversight Grants for County Law Enforcement Offices 2016 Grant Application Authority: Michigan Medical Marihuana Act 2008 IL 1, Section 6(1), MCL 333.26426 This application must be submitted electronically to Rudy Litterini at Eitterinirarnichian,gov at the Bureau of Professional Licensing on or before January 1, 2016. Applicant (Name of County Law Enforcement Office) Oakland County Sheriffs Office Federal 10 # 38-6004876 SOetitin"51k)(GiefitAdiiiiiii§frgioihf Michael Gingell Name 1200 N Telegraph Rd Address Pontiac MI 48341 City State Zip Code 248-858-4076 gingellm@oakgov.com Area Code/Telephone Number Email Address Pr a Funds must be used for education, communication and enforcement of the Michigan Medical Marihuana Act, 2008 IL I, MCL 333.26421 to 333.26430. On agency letterhead, submit your proposal that includes the items listed below: • Describe the project (s) for which funds are requested with an implementation plan • Explain how funds will be used to coordinate efforts with other agencies, if applicable. • What impact will these funds have on the community and what you hope to accomplish. • Explain how these funds will be combined with other funding to complete the project, if necessary ▪ Explain anticipated outcomes that will result from this grant. .0, Submit a detailed budget showing how the requested funds will be expended. certify and agree to report how the grant was expended and to provide a report to the Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing, no later than September 15, 2016, If discretionary grants are awarded to a municipal law enforcement agency or agencies, I further agree to require the receiving municipal law enforcement agencies to provide reports on how the discretionary grants were spent and will include as attachments the municipal law enforcement agency reports to the county report. By signing below I also agree to mo.; and follovothe statutory provisions in which this program was established pursuant to Section 902 of PA 84 0f2015. Sibrialtir'e of do ty—drafit Jyrriinistrator (Original Signature Required) Date Chairperson, Oakland County Board of Commissioners Title ucENsINa A,J5 REC WAVY AFFAIRS CUSTOMER OTTIVEN. RUMNESS WEEDER November 1, 2015 31Page Medical Marihuana Operation and Oversight Grants for County Law Enforcement Offices: Oakland County I. Overview The Oakland County Narcotic Enforcement Team (NET) is a multijurisdictional task force which is designed to integrate federal and local law enforcement agencies for the purpose of identifying, investigating, and prosecuting drug traffickers and to dismantle their organizations. In 1971, participating law enforcement agencies in Oakland County agreed to organize and support, on an inter-agency level, a task force known as the Oakland County Narcotic Enforcement Team. NET, currently under direction from the Oakland County Sheriff's Office, has officers from the Oakland County Prosecutor's Office, and 15 local police departments. The NET Advisory Board meets on a regular basis and helps set policy and direction to the NET task force. NET also assigned two Deputies to two different DEA task force groUps as well. These groups bring local officers together to work with DEA agents. II. Project One of the goals and objectives of the NET Unit is to monitor compliance with the Michigan Medical Marihuana Act (MMMA). Investigators are tasked with educating patients and caregivers. The NET Unit is also responsible for investigating individuals who manufacture Butane Hash Oil (BH0). This process is extremely dangerous and has caused residential fires and explosions. NET investigators conduct 'knock and talk' investigations on marihuana grow operations across Oakland County. During these investigations, patients and caregivers are checked for compliance and educated as needed. NET investigators investigate Drug Trafficking Organizations (DT0s) who violate the Michigan Medical Marihuana Act. NET investigates street level marihuana dealers, mid-level marihuana dealers and large-scale multistate DTOs who smuggle high quality marihuana from California, Colorado, and other states where marihuana has been legalized. NET is currently devoting its resources to the investigation of Continuing Criminal Enterprises (CCEs). These investigations involve DTOs who operate a criminal enterprise under the guise of the MMMA. The DTOs use marihuana dispensaries/provisioning centers to operate criminal organizations, but are not entities that are in compliance with state and federal law. III. Coordination with other agencies Currently, NET works with all local police departments and is responsive to their direct needs. This enables NET to have stronger local ties and provides for better sharing of intelligence information. NET will continue with the operation of street level crews for undercover drug buys and investigations of street level marihuana dealers. NET operates a conspiracy team where intelligence gathered can be turned over for development of investigations and arrests to disrupt and dismantle marihuana DT0s. The Oakland County Sheriff's Office will provide the Unit Commander, Deputies, and administrative positions. Additionally, the OCSO will also provide investigative buy funds, confidential informant payments, phones, pagers, vests, vehicles, and all other equipment and supplies needed. The local departments will provide their officer's salaries, fringe benefits, and other related costs. NET will further develop a partnership between the Oakland County Sheriff's Office, all local police departments, and federal agencies such as the FBI, DEA, and the IRS. The Oakland County Sheriff's Office will take the lead role in the NET Unit, but will follow the direction of the NET Advisory Board which consists of all departments and agencies that provide a full-time officer to NET. NET plans to utilize all resources available, by working closely with the specialized units of the local police departments such as their undercover teams, vice units, and detective bureaus. NET will develop cases and informants with these units to ensure great success. The Unit's partnership with the Oakland County Prosecutor's Office is vital to ensure that cases are developed and prosecuted to the fullest extent under the law. In addition, NET will work with the Deputies assigned to Road Patrol at the various substations to better understand and identify localized drug problems in each jurisdiction. NET's involvement and cooperation with the federal agencies, such as the FBI, DEA, ATF, IRS, and HIDTA, will increase under the OCSO leadership. OCSO's Commitment to NET: (1) Lieutenant - Unit Commander (4) Sergeants -Team Leaders (5) Deputies - Team Members (1) Auditor (1) Technical Assistant (1) Property Room Technician (1) Part-Time Office Assistant The Oakland County Sheriff's Office also provides the NET office, utilities, office equipment, supplies, phones, pagers, computers, cell phones, undercover vehicles, 'buy' money, investigative expenses, and informant fees. Additional full-time team members assigned from the following municipalities: Bloomfield Township - Bloomfield Twp. Police Department City of Birmingham - Birmingham Police Department City of Farmington Hills - Farmington Hills Police Department City of Farmington - Farmington Department of Public Safety City of Ferndale - Ferndale Police Department City of Madison Heights - Madison Heights Police Department City of Pontiac - OCSO Pontiac Substation City of Rochester Hills - OCSO Rochester Hills Substation City of Rochester - Rochester Police Department City of Royal Oak - Royal Oak Police Department City of Southfield - Southfield Police Department City of Troy - Troy Police Department Waterford Township - Waterford Township Police Department West Bloomfield Township - West Bloomfield Township Police Department White Lake Township - White Lake Township Police Department IV. Community Impact Marihuana is the most commonly used illicit drug in the United States. There has been a dramatic increase across Oakland County in the number of people using marihuana. Nationwide, marihuana use has doubled from 2007 to 2013. After alcohol, marihuana has the highest rate of dependence and abuse among all drugs. Marihuana is considered a gateway drug and has been associated with the use of other illicit narcotics. Marihuana is being smuggled, mailed, and transported into Oakland County from other states on a regular basis. The marihuana is being used and sold as 'medical marihuana', when in reality, the majority of the cases is not for medical purposes. Marihuana dispensaries in the community have attracted DTOs that are operating under the guise of the MMMA. The dispensaries attract a criminal element in the community and put law abiding citizens at risk. As an example, NET is currently investigating a DTO operating four marihuana dispensaries in Oakland and Wayne County. The investigation has revealed an incident involving two employees of the dispensaries who were shot by a rival DTO. One individual was murdered; the other shot several times, but survived. While some dispensaries may operate to serve patients and caregivers, the vast majority operate outside the confines of the MMMA and bring additional criminal activity into the community. While marihuana laws in the state may be reformed in the future, it remains a Schedule I narcotic and those operating outside of the allowed MMMA act will continue to be a focus of criminal investigations. V. Use Of Grant Funding Overtime Reimbursement: Using the funds received from the grant, NET investigators would be allotted wage and overtime reimbursement which would allow for additional investigative hours. The funds would offset additional hours incurred from labor intensive marihuana investigations. Investigative, administrative, and prosecutorial aspects would be covered by these additional monies. Additionally, during marihuana investigations the cell phones of those involved in the criminal case are examined by the Oakland County Sheriff's Office Computer Crimes Unit. Due to the large number of phones that are examined for marihuana cases, the overtime hours would also be used for the completion of these exams which is a key component in all NET investigations. Evidence Bags: The funds would be used for the purchase of evidence bags which are specifically designed for storing marihuana plants. Training: The funds would be used for in-state and out-of-state marijuana specific training. The training would provide education for investigators on specific laws and investigative techniques as it relates to marijuana and the application of the MMMA. Currently, NET is looking into trainings that could be held locally at the Sheriff's Office. Due to the location of the training, many outside agencies would be invited to participate in addition to NET investigators. Having investigators all cross-trained across the county on the same laws and techniques is helpful for consistency in marihuana investigation cases. Evidence/Transportation Van & Truck with Enclosed Trailer: NET would utilize funds for a cargo van to assist in the transportation of evidence and investigators during marihuana investigations. At the execution of search warrants, the van would also carry needed supplies and transportation of evidence and items to be tested back to the Oakland County Sheriff's Office Forensic Laboratory. Additionally, NET is in need of a truck and enclosed trailer. Year to date in 2015, NET investigators seized and destroyed over 6,494 marihuana plants and 1,936.3 pounds of marihuana from illegal operations. The truck and trailer would be used for safe and secure transportation of the marihuana and plants from the scene and then later for destruction. The truck would be useful for locating grow operations in rural environments, heavily wooded areas, and in difficult terrain. A truck and trailer are essential for the continued success of the NET Unit and enforcement of the MMMA. Raid Vests: The funds would also be used to purchase raid vests to protect officers during high-risk marijuana investigations. It is very common to have guns present during these investigations. The above referenced investigation involved a Middle Eastern DTO where two individuals were shot. The main target in the investigation was in possession of 11 loaded guns at the time of his arrest. In 2015, so far, NET officers conducted 202 marihuana investigations which resulted in the execution of 138 high-risk searches. VI. Anticipated Outcome The NET Unit will use the additional funds to offset overtime cost and pay for personnel and equipment expenses associated with MMMA violations and marihuana related criminal investigations. Additional hours will allow for more illegal marihuana grow operations to be dismantled. NET investigators will continue to monitor compliance with the MMMA. Investigators will continue to educate patients and caregivers. NET investigators will continue to enforce criminal laws associated with the MMMA and criminally prosecute those individuals that are not in compliance. NET investigators will continue to conduct knock and talk investigations on marihuana grow operations across Oakland County. During these investigations, patients and caregivers will be checked for compliance and educated as needed. Additionally, NET will investigate individuals and/or DTOs ) that are violating the MMMA. VII. Proposed Initiative Budget Below is a funding request and proposed spending of the MMMA Grant funds. NET is requesting reimbursement for overtime for county and local officers investigating cases involving the illegal distribution of marihuana, marihuana edibles and/or butane hash oil. Funding will be used to provide training for existing investigators and new investigators entering the unit. The training would be specifically related to the investigation of marihuana grow operations and the MMMA. The grant would further be used to purchase protective vests to keep investigators safe while conducting high-risk operations. During 2015, so far, NET investigators executed 138 search warrants as a result of illegal marihuana investigations. The vests provide protection for the officers and also serve to clearly identify the investigators as law enforcement officers. Additionally, NET is requesting the purchase of a truck and enclosed trailer. The truck and enclosed trailer would be used to transport seized marihuana plants and marihuana from the scene. When the case is adjudicated, the truck and trailer would be used to transport the marihuana and marihuana plants for off-site destruction. VIII. Detailed Spending of MMMA Grant Funds: (28) Investigators at $49.26 per hr $133,971.74 (0.T. 28 investigators) average O.T. rate for an estimated 2720 hours of marihuana related investigations. Training (28) Investigators $10,000.00 ($357:14 per Investigator) 4 day Indoor Marihuana Grow School. Marijuana bags $1,000.00 (1000 x $1.00 per bag) Used for packaging marijuana plants 2016 Chevrolet Express Cargo Van $31,000.00 2016 Chevrolet Silverado 4x4 Truck $40,000.00 2016 Renegade 8x20 enclosed trailer $9,753.26 (28) First Spear Raid Vests $98,000.00 (28 First Spear raid Vest) 28 x $3,500.00 per vest Protective Gear for investigators Total. Grant Request: $323,725.00 GRANT NO.2016BPLIVIMOG-OAKLAND GRANT BETWEEN THE STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS AND OAKLAND COUNTY SHERIFF OFFICE GRANTEE/ADDRESS: Michael Gingell Oakland County Sheriff Office 1200 N. Telegraph Rd. Pontiac, MI 48341 (248-858-4076) (gingellm@oakgov.com) GRANT ADMINISTRATOR/ADDRESS: Rudy Litterini Bureau of Professional Licensing Department of Licensing and Regulatory Affairs Ottawa Building, 611 W. Ottawa Street, 3" Floor Lansing,MI 48933 (517-335-5970) (litterinir@michigan.gov) GRANT PERIOD: From January 1,2016 to September 15, 2016 TOTAL AUTHORIZED BUDGET: $323,725 Federal Contribution: $ State Contribution: $323,725 Local Contribution: $ Other Contributions: $ ACCOUNTING DETAIL: Index/PCA No. :68800/75029 1 GRANT This is Grant #2016BPLMMOG-OAKLAND between the Department of Licensing and Regulatory Affairs (Grantor), and Oakland County Sheriff Office (Grantee), subject to terms and conditions of this grant agreement (Agreement). 1.0 Statement of Purpose The Michigan Medical Marihuana Program (MMMP) is a state registry program within the Legal Affairs Division/Boards and Committees Section in the Bureau of Professional Licensing at the Michigan Department of Licensing and Regulatory Affairs. The program administers the Michigan Medical Marihuana Act as approved by Michigan voters on November 4, 2008. The program implements the statutory tenets of this act in such a manner that protects the public and assures the confidentiality of its participants. Law enforcement agencies within each Michigan county are eligible to receive funding to be used for the education, communication and enforcement of the MMMP Act. 1.1 Statement of Work The Grantee agrees to undertake, perform, and complete the following project: The Oakland County Sheriff Office will use funds for wages and equipment related to the enforcement, education and communication of the Medical Marihuana Act. These services are more specifically described in the Grantee's Proposal, Attachment A. 1.2 Detailed Budget A. This Agreement does not commit the State of Michigan (State) or the Department of Licensing and Regulatory Affairs (LARA) to approve requests for additional funds at any time. B. If applicable, travel expenses will not be reimbursed at rates greater than the State Travel Rates, Attachment C, without the prior written consent of the Grant Administrator. C. Attachment B is the Budget. The Grantee agrees that all funds shown in the Budget are to be spent as detailed in the Budget. • Changes in the Budget will be allowed only upon prior review and written approval by the Grant Administrator, 1.3 Payment Schedule 2 The maximum amount of grant assistance offered is $ 323,725 . Progress payments up to a total of 85% of the Total Authorized Budget may be made upon submission of a Grantee request indicating grant funds received to date, project expenditures to date (supported with computer printouts of accounts, general ledger sheets, balance sheets, etc.), and objectives completed to date. Backup documentation such as computer printouts of accounts, ledger sheets, check copies, etc. shall be maintained for audit purposes in order to comply with this Agreement. The payment of the final 15% of the grant amount shall be made after completion of the project and after the Grant Administrator has received and approved a final report, if applicable. The final payment is also contingent upon the submission of a final invoice that includes expenditures of grant funds reported by line item and compared to the approved Budget. Public Act 279 of 1984 states that the state shall take all steps necessary to assure that payment for goods or services, is mailed within 45 days after receipt of the goods or services, a complete invoice for goods or services, or a complete contract for goods or services, whichever is later. 1.4 Monitoring and Reporting Program Performance A. Monitoring. The Grantee shall monitor performance to assure that time schedules are being met and projected work by time period is being accomplished. B. Quarterly Reports. The Grantee shall submit to the Grant Administrator quarterly perfoiniance reports that briefly present the following information: 1. Percent of completion of the project objectives. This should include a brief outline of the work accomplished during the reporting period and the work to be completed during the subsequent reporting period. 2. Brief description of problems or delays, real or anticipated, which should be brought to the attention of the Grant Administrator. 3. Statement concerning any significant deviation from previously agreed- upon Statement of Work. C. A Final Report is required. The Grantee will do the following: 1. Submit 1 draft copies of the final report no later than September 1,2016 for review by the Grant Administrator. 2. After the Grant Administrator has determined the completeness and factual accuracy of the report, the Grantee shall submit 1 final copies of the report to the Grant Administrator by September 15, 2016: 3. The final report will include the following information: 3 a. A summary of the project implementation plan and any deviations from the original project as proposed. Accomplishments and problems experienced while carrying out the project activities. c. Coordinated efforts with other organizations to complete the project. d. Impacts, anticipated and unanticipated, experienced as a result of the project implementation. e. Financial expenditures of grant money and other contributions to the project, in-kind and/or direct funding. f. Any experience in applying the project products and anticipated "next steps". g. Actual Budget expenditures compared to the Budget in this Agreement. Include the basis or reason for any discrepancies. PART - GENERAL PROVISIONS 2.1 Project Changes Grantee must obtain prior written approval for project changes from the Grant Administrator. See Section 1.2, Detailed Budget. 2.2 Delegation Grantee may not delegate any of its obligations under the Grant without the prior written approval of the State. Grantee must notify the State at least 90 calendar days before the proposed delegation, and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Grantee must: (a) be the sole point of contact regarding all contractual project matters, including payment and charges for all Grant Activities; (b) make all payments to the subgrantee; and (c) incorporate the terms and conditions contained in this Grant in any subgrant with a subgrantee. Grantee remains responsible for the completion of the Grant Activities, compliance with the terms of this Grant, and the acts and omissions of the subgrantee. The State, in its sole discretion, may require the replacement of any subgrantee. 2.3 Project Income To the extent that it can be determined that interest was earned on advances of funds, such interest shall be remitted to the Grantor. All other program income shall either be added to the project budget and used to further eligible program objectives or deducted from the total program budget for the purpose of determining the amount of reimbursable costs. The final deteimination shall be made by the Grant Administrator. 2.4 Share-in-savings The Grantor expects to share in any cost savings realized by the Grantee, Therefore, final Grantee reimbursement will be based on actual expenditures. Exceptions to this requirement must be approved in writing by the Grant Administrator. 2.5 Order of Spending Unless otherwise required, Grantee shall expend funds in the following order: (1) private or local funds, (2) federal funds, and (3) state funds. Grantee is responsible for securing any required matching funds from sources other than the State. 2.6 Purchase of Equipment The purchase of equipment not specifically listed in the Budget, Attachment B, must have prior written approval of the Grant Administrator. Equipment is defined as non-expendable personal property having a useful life of more than one year. Such equipment shall be retained by the Grantee unless otherwise specified at the time of approval. 5 2.7 Accounting The Grantee shall adhere to the Generally Accepted Accounting Principles and shall maintain records which will allow, at a minimum, for the comparison of actual outlays with budgeted amounts. The Grantee's overall financial management system must ensure effective control over and accountability for all funds received. Accounting records must be supported by source documentation including, but not limited to, balance sheets, general ledgers, time sheets and invoices. The expenditure of state funds shall be reported by line item and compared to the Budget. 2.8 Records Maintenance, Inspection, Examination, and Audit The State or its designee may audit Grantee to verify compliance with this Grant. Grantee must retain, and provide to the State or its designee upon request, all financial and accounting records related to the Grant through the term of the Grant and for 7 years after the latter of termination, expiration, or final payment under this Grant or any extension ("Audit Period"). If an audit, litigation, or other action involving the records is initiated before the end of the Audit Period, Grantee must retain the records until all issues are resolved. Within 10 calendar days of providing notice, the State and its authorized representatives or designees have the right to enter and inspect Grantee's premises or any other places where Grant Activities are being perfoirned, and examine, copy, and audit all records related to this Grant. Grantee must cooperate and provide reasonable assistance. If any financial errors are revealed, the amount in error must be reflected as a credit or debit on subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of the Grant must be paid or refunded within 45 calendar days. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subgrantee that performs Grant Activities in connection with this Grant. If the Grantee is a governmental or non-profit organization and expends the minimum level specified in OMB Uniform Guidance ($750,000 as of December 26, 2013) or more in total federal funds in its fiscal year, then Grantee is required to submit an Audit Report to the Federal Audit Clearinghouse (FAC) as required in 200.36. 2.9 Competitive Bidding The Grantee agrees that all procurement transactions involving the use of state funds shall be conducted in a manner that provides maximum open and free competition. When competitive selection is not feasible or practical, the Grantee agrees to obtain the written approval of the Grant Administrator before making a sole source selection. Sole source contracts should be negotiated to the extent that such negotiation is possible. 3.0 Liability 6 The State is not liable for any costs incurred by the Grantee before the start date or after the end date of this Agreement. Liability of the State is limited to the terms and conditions of this Agreement and the grant amount. 3.1 Intellectual Property Unless otherwise required by law, all intellectual property developed using funds from this Agreement, including copyright, patent, trademark and trade secret, shall belong to the Grantee. 3.2 Safety The Grantee, and all subgrantees are responsible for insuring that all precautions are exercised at all times for the protection of persons and property. Safety provisions of all Applicable Laws and building and construction codes shall be observed. The Grantee, and every subgrantee are responsible for compliance with all federal, state and local laws and regulations in any manner affecting the work or performance of this Agreement and shall at all times carefully observe and comply with all rules, ordinances, and regulations. The Grantee, and all subgrantees shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Agreement. 3.3 General Indemnification Inasmuch as each party to this grant is a governmental entity of the State of Michigan, each party to this grant must seek its own legal representation and bear its own costs; including judgments, in any litigation which may arise from the performance of this grant. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. 3.4 Termination A. Termination for Cause The State may terminate this Grant for cause, in whole or in part, if Grantee, as determined by the State: (a) endangers the value, integrity, or security of any location, data, or personnel; (b) becomes insolvent, petitions for bankruptcy court proceedings, or has an involuntary bankruptcy proceeding filed against it by any creditor; (c) engages in any conduct that may expose the State to liability; (d) breaches any of its material duties or obligations; or (e) fails to cure a breach within the time stated in a notice of breach. Any reference to specific breaches being material breaches within this Grant will not be construed to mean that other breaches are not material. 7 If the State terminates this Grant under this Section, the State will issue a termination notice specifying whether Grantee must: (a) cease perfonitance immediately, or (b) continue to perfoim for a specified period. If it is later determined that Grantee was not in breach of the Grant, the termination will be deemed to have been a Termination for Convenience, effective as of the same date, and the rights and obligations of the parties will be limited to those provided in Subsection B, Termination for Convenience. The State will only pay for amounts due to Grantee for Grant Activities accepted by the State on or before the date of termination, subject to the State's right to set off any amounts owed by the Grantee for the State's reasonable costs in terminating this Grant. The Grantee must pay all reasonable costs incurred by the State in terminating this Grant for cause, including administrative costs, attorneys' fees, court costs, transition costs, and any costs the State incurs to procure the Grant Activities from other sources. B. Termination for Convenience The State may immediately terminate this Grant in whole or in part without penalty and for any reason, including but not limited to, appropriation or budget shortfalls. If the State terminates this Grant for convenience, the State will pay all reasonable costs, as determined by the State, for State approved Grant Responsibilities. 3.5 Conflicts and Ethics Grantee will uphold high ethical standards and is prohibited from: (a) holding or acquiring an interest that would conflict with this Grant; (b) doing anything that creates an appearance of impropriety with respect to the award or performance of the Grant; (c) attempting to influence or appearing to influence any State employee by the direct or indirect offer of anything of value; or (d) paying or agreeing to pay any person, other than employees and consultants working for Grantee, any consideration contingent upon the award of the Grant. Grantee must immediately notify the State of any violation or potential violation of these standards. This Section applies to Grantee, any parent, affiliate, or subsidiary organization of Grantee, and any subgrantee that performs Grant Activities in connection with this Grant. 3.6 Non-Discrimination Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Grantee and its subgrantees agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, or mental or physical disability. Breach of this covenant is a material breach of this Grant. 8 3.7 Unfair Labor Practices Under MCL 423.324, the State may void any Grant with a Grantee or subgrantee who appears on the Unfair Labor Practice register compiled under MCL 423.322. 3.8 Force Majeure Neither party will be in breach of this Grant because of any failure arising from any disaster or acts of god that are beyond their control and without their fault or negligence. Each party will use commercially reasonable efforts to resume performance. Grantee will not be relieved of a breach or delay caused by its subgrantees. If immediate performance is necessary to ensure public health and safety, the State may immediately Grant with a third party. 3.9 Media Releases News releases (including promotional literature and commercial advertisements) pertaining to the Grant or project to which it relates must not be made without prior written State approval, and then only in accordance with the explicit written instructions of the State. 4.0 Website Incorporation The State is not bound by any content on Grantee's website unless expressly incorporated directly into this Grant. 4.1 Certification Regarding Debarment The Grantee certifies, by signature to this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal or State department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach an explanation to this Agreement. 4.2 Illegal Influence The Grantee certifies, to the hest of his or her knowledge and belief that: A. No federal appropriated funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 9 B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Foim. to Report Lobbying," in accordance with its instructions. C. The Grantee shall require that the language of this certification be included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. The State has relied upon this certification as a material representation. Submission of this certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Grantee certifies, to the best of his or her knowledge and belief that no state funds have been paid nor will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan or cooperative agreement. 4.3 Governing Law This Grant is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Grant are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from this Grant must be resolved in Michigan Court of Claims. Grantee consents to venue in Ingham County, and waives any objections, such as lack of personal jurisdiction or forum non conveniens. Grantee must appoint agents in Michigan to receive service of process. 4.4 Compliance with Laws Grantee must comply with all federal, state and local laws, rules and regulations. 4.5 Disclosure of Litigation, or Other Proceeding Grantee must notify the State within 14 calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively, "Proceeding") involving Grantee, a sub grantee, or an officer or director of Grantee or subgrantee, that arises during the term of the Grant, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes-Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected to adversely affect Grantee's viability or financial stability; or (2) 10 a governmental or public entity's claim or written allegation of fraud; or (e) a Proceeding involving any license that Grantee is required to possess in order to perform under this Grant. 4.6 Assignment Grantee may not assign this Grant to any other party without the prior approval of the State. Upon notiCe to Grantee, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Grant to any other party. If the State determines that a novation of the Grant to a third party is necessary, Grantee will agree to the novation, provide all necessary documentation and signatures, and continue to perform, with the third party, its obligations under the Grant. 4.7 Entire Grant and Modification This Grant is the entire agreement and replaces all previous agreements between the parties for the Grant Activities. This Grant may not be amended except by signed agreement between the parties. 4.8 Grantee Relationship Grantee assumes all rights, obligations and liabilities set forth in this Grant. Grantee, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Grant. Grantee, and not the State, is responsible for the payment of wages, benefits and taxes of Grantee's employees and any subgrantees. Prior performance does not modify Grantee's status as an independent Grantee. 4.9 Dispute Resolution The parties will endeavor to resolve any Grant dispute in accordance with this provision. The dispute will be referred to the parties respective Grant Administrators or Program Managers. Such referral must include a description of the issues and all supporting documentation. The parties must submit the dispute to a senior executive if unable to resolve the dispute within 15 business days. The parties will continue performing while a dispute is being resolved, unless the dispute precludes performance. A dispute involving payment does not preclude performance. Litigation to resolve the dispute will not be instituted until after the dispute has been elevated to the parties' senior executive and either concludes that resolution is unlikely, or fails to respond within 15 business days. The parties are not prohibited from instituting formal proceedings: (a) to avoid the expiration of statute of limitations period; (b) to preserve a superior position with respect to creditors; or (c) where a party makes a determination that a temporary restraining order or other injunctive relief is the only adequate remedy. This Section does not limit the State's right to terminate the Grant. 11 5.0 Severability If any part of this Grant is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted from this Grant and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Grant will continue in full force and effect. 5.1 Waiver Failure to enforce any provision of this Grant will not constitute a waiver. 12 MikiZirnmer 5.2 Signatories The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it. Date Department of le;wensing and Regulatory Affairs State of Michign Michael Gingell Date Chairperson, Oakland County Board of Commissioners Oakland County Sheriff Office GRANT NO.2016BPLMMOG-OAKLAND Rev. 1/27/2016 13 • DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, VEHICLE AND TRAVEL SERVICES (VTS) SCHEDULE OF TRAVEL RATES FOR CLASSIFIED and UNCLASSIFIED EMPLOYEES Effective January 1, 2016 MICHIGAN SELECT CITIES* Meals and Lodging Lodging** Breakfast Lunch Dinner 1N-STATE ALL OTHER Meals and Lodging Lodging ** Breakfast Lunch Dinner Per Diem Total Per Diem Lodging Breakfast Lunch Dinner Group Meetings Group Lunch OUT-OF-STATE SELECT CITIES * Meals and Lodging, Lodging ** Breakfast Lunch Dinner OUT-OF-STATE ALL OTHER Meals and Lodging Lodging ** Breakfast Lunch Dinner Per Diem Total Per Diem Lodging Breakfast Lunch Dinner incidental Costs Per Day (with overnight stay) Mileage Rates Premium Rate Apprdved Private Vehicle Standard Rate (State's Mid-Sized Car Cost) * See Select Cities listing. ** Lodging available at State rate, or call Conlin Travel at 877-654-2179. $75.00 10.25 10.25 24.25 $75.00 8,50 8.50 19.00 $81.50 45.50 8.50 8.50 19,00 11.50 Contact Conlin Travel 13.00 13.00 25.25 Contact Conlin Travel 10.25 10.25 23.50 $89.50 45.50 10.25 10.25 23.50 $5.00 $,540 per mile $.360 per mile SELECT HIGH COST CITY LIST TRAVEL RATE REIMBURSEMENT FOR CLASSIFIED and UNCLASSIFIED EMPLOYEES EFFECTIVE October 1, 2015 Michigan Select Cities/Counties Cities Counties Ann Arbor, Detroit, Holland, Mackinac Island, Pontiac, Auburn Hills, South Haven All of Wayne and Oakland Out of State Select Cities/Counties State City/County State City/County Arizona Phoenix/Scottsdale California Los Angeles (Los Angeles, Orange & Ventura Counties, and Edwards AFB) Monterey, Palm Springs, San Diego, San Francisco, Santa Monica South Lake Tahoe, Truckee, Yosemite National Park Colorado Aspen, Telluride, Vail Connecticut Bridgeport/Danbury Massachusetts Boston (Suffolk), Burlington, Cambridge Woburn, Martha's Vineyard Minnesota Minneapolis/St. Paul (Hennepin and Ramsey Counties) Nevada Las Vegas New Mexico Santa Fe New York Manhattan (the borough of Manhattan, Brooklyn, Bronx, Queens and Staten Island, Riverhead, Ronkonkoma, Melville Suffolk County, Tarrytown, White Plains, New Rochelle Idaho Illinois Louisiana Maryland Texas Utah Vermont Virginia Washington Austin, Dallas, Houston (L.B. Johnson Space Center) Park City (Summit County) Manchester, Stowe (Lamoille County) Alexandria, Falls Church, Fairfax Seattle Washington DC (also the cities of Alexandria, Falls Church and Fairfax, and the counties of Arlington and Fairfax, in Virginia; and the counties of Montgomery and Prince George's in Maryland) (See also Maryland and Virginia) Boca Raton, Delray Beach, Jupiter, Fort Lauderdale, Key West Sun Valley/Ketchum Chicago (Cook and Lake counties) New Orleans Montgomery & Prince George County Baltimore City, Ocean City Pennsylvania Bucks County, Pittsburgh Rhode Island Bristol, Jamestown/Middletown/Newport (Newport County) Providence District of Columbia Florida FISCAL NOTE (MISC. #16xxx) April 21, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — FISCAL YEAR 2016 MICHIGAN MEDICAL MARIHUANA OPERATION AND OVERSIGHT — GRANT ACCEPTANCE 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 Sheriffs Office Narcotics Enforcement Team (NET) has been awarded $323,725 from the Michigan Department of Licensing and Regulatory Affairs Bureau of Professional Licensing for the Fiscal Year (FY) 2016 Michigan Medical Marihuana Operation and Oversight (MMOO) Grant Program. 2. The grant funding period is October 1, 2015 through September 30, 2016. 3. There is no required grant match. 4. The grant award will allow partial funding for overtime reimbursement of NET investigators for marihuana investigations in the amount of $133,972. 5. In addition, the grant award provides $1,000 for the purchase of evidence bags for storing marihuana plants, $10,000 for in-state and out-of-state marihuana specific training, $31,000 for the purchase of one (1) 2016 Chevrolet Express Cargo Van, $40,000 for the purchase of one (1) 2016 Chevrolet Silverado 4x4 Truck and $9,753 for one 2016 Renegade 8'x20' enclosed trailer for evidence transportation. 6. This award also provides $98,000 for the purchase of twenty-eight (28) First Spear Raid Vests. 7. On-going expenses, other than insurance, for the purchased vehicles of $1,692 for FY 2016 and $2,500 for FY 2017 and FY 2018 are available in the Law Enforcement Enhancement Restricted Fund 21341 and will be transferred to the Sheriff's General Fund departmental budget. 8. The insurance for the vehicles will be added with the FY 2017 — FY 2019 County Executive Recommended Budget; the on-going insurance cost will be covered by the Law Enforcement Enhancement Restricted Fund 21341. 9. Acceptance of this grant does not obligate the County to any future commitments and continuation is contingent upon future grant awards. 10. A budget amendment is recommended for FY 2016 - FY 2018 as follows: Expenditures 4030901-110090-712020 4030901-110090-731304 4030901-110090-750294 4030901-110090-750070 4030901-110090-760157 4030901-110090-760188 Overtime Officers Training Material and Supplies Deputy Supplies Equipment Vehicles Total Expenditures FY 2016 FY 2017 -2018 $242,972 80,753 $ 323,725 $ 133,972 10,000 1,000 98,000 9,753 71 000 $ 323,725 MICHIGAN MEDICAL MARIHUANA FUND #27323 Project: GR0000000749 Budget Reference 2016 Revenues 4030901-110090-615571 State Operating Grants 4030901-110090-615572 State Capital Grants Total Revenue FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. $ 650 1,042 $ 1,692 $ 0 2,500 $ 2,500 MOTOR POOL FUND #66100 Revenues 1030811-184010-631610 Productive Labor 1030811-184010-630833 Gasoline Oil Grease Chgs. Total Revenue FY 2016 FY 2017 -2018 MOTOR POOL FUND #66100 Expenses 1030811-184010-750210 Gasoline Charges 1030811-184010-796500 Budgeted Equity Adj. Total Expenses Expenditures 4030101-116270-788001-10100 Transfer Out Total Expenditures GENERAL FUND #10100 Revenue 4030901-110090-695500-21341 Transfer In Total Revenue Expenditures 4030901-110090-776661 Motor Pool Leased Equip 4030901-110090-776659 Motor Pool Fuel Total Expenditures $ 1,042 $ 2,500 $ 650 0 $ 1_692 $ 2,500 $2,500 $ 1,692 $2,500 $ 1,692 $ 1,692 $ 1,692 $2,500 $2,E)4 $ 650 $ 0 1 ,042 2 o0 $ 1,692 LAW ENFORCEMENT ENHANCEMENT FUND #21341 Revenue 4030101-116270-665882 Planned Use of Balance $ 1,692 Total Revenue $ 1,692 FINANCE COpTTEE i IAA Li I Resolution #16093 April 21, 2016 Moved by Kochenderfer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long ; McGillivray, Middleton, Quarles; Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). VIEFIEBY APPROVE THIS HESOLOTIOV CHIEF DEPUTY COUNTY EXE,GUTIV ACTING PURSUANT TO MCI, 40,650m (1) 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 April 21, 2016, 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 21 st day of April, 2016. Lisa Brown, Oakland County