HomeMy WebLinkAboutResolutions - 2016.07.20 - 22441MISCELLANEOUS RESOLUTION .#16174 July 20, 2016
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE — FISCAL YEAR 2016 MICHIGAN MEDICAL MARIHUANA OPERATION AND
OVERSIGHT GRANT SUBRECIPIENT AGREEMENT
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 was accepted by the Oakland County Board of Commissioners by Miscellaneous Resolution
#16093; and
WHEREAS the grant funding perio_d is January 1, 2016 through September 15, 2016; and
WHEREAS the grant award will allow partial funding for overtime reimbursement of Narcotics Enforcement Team
(NET) Investigators for marihuana investigations in the amount of $133,972; and
WHEREAS during the County Executive review process it was determined that an interlocal governmental
agreement addressing the reimbursement of overtime to the following NET participants is necessary:
City of Auburn Hills — Auburn Hills 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 Hazel Park — Hazel Park Police Department
City of Madison Heights — Madison Heights Police Department
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
Bloomfield Township — Bloomfield Twp. Police Department
Waterford Township — Waterford Township Police Department
West Bloomfield Township — West Bloomfield Township Police Department
White Lake Township —White Lake Township Police Department.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached
2016 Michigan Medical Marihuana Operation and Oversight Grant Subrecipient Agreement and authorizes its
Chairperson to execute this agreement with the following local units of government:
City of Auburn Hills Auburn Hills 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 Hazel Park — Hazel Park Police Department
City of Madison Heights — Madison Heights Police Department
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
Bloomfield Township — Bloomfield Twp. Police Department
Waterford Township — Waterford Township Police Department
West Bloomfield Township — West Bloomfield Township Police Department
White Lake Township — White Lake Township Police Department
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 SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Kowall absent.
PUBLIC SERVICES COMMITTEE
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County") and [IVIUNICIPALITY, ADDRESS] a Michigan Municipal Corporation
("Municipality").
PURPOSE OF AGREEMENT. The Parties enter into this Agreement for the purpose of delineating their
relationship and responsibilities regarding the County's use of Grant funds to reimburse the Municipality for
overtime expenses that it incurred related to its participation in the Oakland County Narcotic Enforcement Team
("N.E.T."), a multijurisdictional drug enforcement task force under the direction and supervision of the Oakland
County Sheriff's Office ("0.C.S.0.").
Under the Parties' separate N.E.T. agreement, the Municipality is responsible for providing a full-time employee
for participation in N.E.T. and for all costs associated with that employment, including overtime.
The County has entered into a Grant agreement (Exhibit A) with the State of Michigan ("State") where the
County is eligible to receive reimbursement for qualifying N.E.T.-related costs, including overtime.
The County intends to use a portion of the Grant funds to reimburse the Municipality for qualifying overtime
costs subject to the terms and conditions of this agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the
Parties agree to the following:
1. DEFINITIONS. The following terms, whether used in the singular or plural, within or without quotation
marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
1.1. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action,
proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including,
but not limited to, reimbursement for attorney fees, witness fees, court costs, investigation expenses,
litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or asserted
against the County or Municipality, or the County's or Municipality's agents or employees, whether
such claim is brought in law or equity, tort, contract, or otherwise.
1.2. Grant means the 2016 Medical Marihuana Operation and Oversight Grant for County Law
Enforcement Offices, Grant #2016BPLMMOG-OAKLAND (Exhibit A).
2. EXHIBITS. The Exhibits listed below are incorporated and are part of this Agreement.
2.1. Exhibit A — 2016 Medical Marihuana Operation and Oversight Grant for County Law Enforcement
Offices, Grant #2016BPLMMOG-OAKLAND.
2.2. Exhibit B Request for MMOG Overtime Reimbursement (Locals to County) (Exhibit B).
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBREOPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
Page 1 of 5
Rev. 6/21/2016
3. COUNTY RESPONSIBILITIES.
3.1. The County will reimburse the Municipality, up to $5,582.15 total, for qualifying N.E.T.-related
overtime, as described in the Grant agreement (Exhibit A). Such reimbursement shall only be made
after the supporting documentation is submitted by the Municipality and approved by the County, as
described in Paragraph 4.2. Such reimbursement is also contingent upon the State reimbursing the
County under the Grant agreement (Exhibit A).
4. MUNICIPALITY'S RESPONSIBILITIES.
4.1. The Municipality will comply with all terms and conditions set forth in the Grant agreement (Exhibit
A), including, but not limited to, the following certification:
a. No federal appropriated funds have been paid nor will be paid, by or on behalf of the
Municipality, 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.
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, and officer or employee of Congress, or an employee of a member of Congress in
connection with this grant, the Municipality shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
c. The Municipality 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.
4.2. To request reimbursement, the Municipality shall submit to the County the documentation described
in the following subparagraphs no later than September 1, 2016. If the County, in its sole discretion,
determines that the documentation submitted by the Municipality does not reconcile, then the
Municipality shall provide any additional documentation requested by the County in order to process
payment.
a. A fully completed and signed "Request for MMOG Overtime Reimbursement (Locals to
County)" (Exhibit B).
b. The overtime slips, signed by the officer's supervisor, that support each "Request for
MMOG Overtime Reimbursement (Locals to County)" (Exhibit B).
c. The payroll report, with rates specified, that support each "Request for MMOG Overtime
Reimbursement (Locals to County)" (Exhibit B).
4.3 If the State denies the County's request for reimbursement under the Grant agreement (Exhibit A) of
any money that the County paid the Municipality under this Agreement, the Municipality will refund
that money to the County within 45 days of receiving written notice from the County that the State
denied reimbursement.
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
Page 2 of 5
Rev. 6/2)/2016
5. TERM.
5.1. This Agreement and any amendments hereto shall be effective when executed by both Parties with
concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed
according to MCL 124.510. The approval and terms of this Agreement and any amendments hereto
shall be entered in the official minutes of the governing bodies of each Party. This Agreement and
any amendments hereto shall end three (3) years from the date the Grant period is closed.
6. ASSURANCES.
6.1. Each Party shall be responsible for its own acts and the acts of its employees and agents, the costs
associated with those acts, and the defense of those acts.
6.2. The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign
this Agreement and bind the Parties to the terms and conditions contained herein.
6.3. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules,
laws, and requirements applicable to its activities performed under this Agreement.
7. TERMINATION OF AGREEMENT. Either Party may terminate this Agreement upon thirty (30) Days
notice to the other Party. The effective date of termination shall be clearly stated in the notice.
8. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this Agreement
does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to
indemnification, right to subrogation, and/or any other right, in favor of any other person or entity.
9. DISCRIMINATION. The Parties shall not discriminate against their employees, agents, applicants for
employment, or another persons or entities with respect to hire, tenure, terms, conditions, and privileges of
employment, or any matter directly or indirectly related to employment in violation of any federal, state or
local law.
10. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the
term of this Agreement, all licenses, permits, certificates, and governmental authorizations necessary to carry
out its obligations and duties pursuant to this Agreement.
11. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty, or immunity of the Parties.
12, DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Party shall delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the other Party.
13. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce
any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any
existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this
Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a
continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBRECFPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
Page 3 of 5
Rev. 6/21/2016
14. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this Agreement to be
illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms,
conditions, and provisions of this Agreement shall remain in full force.
15. CAPTIONS. The section and subsection numbers and captions in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The numbers and captions
shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
16. NOTICES. Notices given under this-Agreement shall be in vvriting and shall be personally delivered, sent by
express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person
listed below. Notice will be deemed given on the date when one of the following first occur: (I) the date of
actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or
(3) three days after mailing first class or certified U.S. mail.
16.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to
Oakland County Sheriff's Office, Business Manager, 1200 N. Telegraph, Bldg. 38E, Pontiac,
Michigan 48341.
16.2. If Notice is sent to the Political Subdivision, it shall be addressed to: Chief of Police, [NAME OF
POLICE DEPARTMENT, ADDRESS OF POLICE DEPARTMENT]
16.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other
Party in writing of the change.
17. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State
of Michigan.
18. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions,
waivers, or releases to this Agreement must be in writing and executed by both Parties.
19. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the
Parties. This Agreement supersedes 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.
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBRECEPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
Page 4 of 5
Rev. 6/21/2016
IN WITNESS WHEREOF, Michael Gingell, Chairperson, Oakland County Board of Commissioners,
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, and hereby accepts and binds the County to the
terms and conditions of this Agreement.
EXECUTED: DATE:
Michael Gingen, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Printed Name:
Title:
IN WITNESS WHEREOF, acknowledges that he/she has been authorized by a
resolution of the Municipality's governing body, a certified copy of which is attached, to execute this Agreement,
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement.
EXECUTED: DATE:
Printed Name:
Title:
WITNESSED: DATE:
Printed Name:
Title:
2016 MEDICAL MARIHUANA OPERATION AND OVERSIGHT GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
[MUNICIPALITY]
Page 5 of 5
Rev. 6121/2016
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MIKE ZIMMER
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 2016BPLMIVIOG-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, 3rd Floor
Lansing, Ml 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 litterinir(W,michigan.cov 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 46909
www.michigarkgov/bpl. 517-373-6068
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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 1Vinrlheana Act
21:108 ILL Section 6(1), MC1,333.26426
This application must be submitted electronically to Rudy Litterini tLifterinirrnichigangov at the Bureau of Professional Licensing on or before January 1, 2016.-
Applicant (Name of County Law Enforcement Office)
Oakland County Sheriffs Office
Federal ID
38-6004876
Michael Gingell
Name
1200 N Telegraph Rd
Address
Pontiac
MI
48341
City
State Zip Cede 248-858-4076
gingellm@oakgov.corn
Area Code Telephone Number
Emit Address
Funds must be used for education, communication and enforcement of the Michigan Medical Marluana Act, 2008 IL 1.
MCI.. 333.26421 to 333.26430. On agency letterhead, submit your proposal that includes the items listed below:
o Describe the project (s) for which funds are requested with an implementation plan
o Explain how funds will he used to coordinate effortavvith other agencies, if applicable.
9 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 gent.
9
Submit a detaiydbl!d.get showing how the requested funds will be expentletL. Sect/on I/.. Citiiidati6n — I certify and agree to report how the grant was expended and to provide a report to the Departmentof Licensing and Regulatory Affairs,
-Z.1 re a u. 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
sigling below I also agree to me A and follov-the statutory provisions in which this program was established pursuant to Section 902 of
PA 84 of2915. g
_ trg a1ure of do," Grant Ministrator (Original Signature Required) Date
Chairperson, Oakland County Board of Commissioners Title
FACtICUIC ATELIkeTIMYAFHWIS
V.1171:11.1EMIXOVEN. OUSINM MINDER November 1,2015 3 IPa e
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
Medical Marihuana Operation and Oversight Grants for
County Law Enforcement Offices: Oakland County
Overview
The Oakland County Narcotic Enforcement Team (NET) is a multijeeisdictional 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__organi-zations.- 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 f s Office, and 15 local police departments. The NET Advisory Eoard 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 (3H0). 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 guiee of the 4MR. The DTOs use marihuana dispensaries/provisioning centers to operate criminal organizations, but are not
entities that are in compliance with state and federal law.
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
EXHIBIT A- MMOO GRANT SUBRECIPIENT AGREEMENT
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 F ATE, IRS, and 1-1IDT_A_, 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 Pplice 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. Comma ity 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 MMJMA, The dispensaries attract a criminal element in the
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
community and put law abiding citizens at risk. As an example, NET is currently investigating aDTO operating four marihuana dispensaries in Oakland and
W
a
y
n
e
County. The investigation has revealed an incident involving two employees o
f
t
h
e
dispensaries who were shot by a rival DTO. One individual wasmurdered; 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 rem
a
i
n
s
a
Schedule I narcotic and those operating outside of the allowed MMMA act wil
l
continue to be a focus of criminal investigations.
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,
a
n
d
prosecutorial aspects would be covered by these additional monies. Additionally,
during marihuana investigations the cell phones of those involved in the crimi
n
a
l
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, t
h
e
overtime hours would also be used for the completion of these exams which i
s
a
key component in all NET investigations.
Evidence Bags; The fends 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 agenci
e
s
would be invited to participate in addition to NET investigators. Having
investigators all cross-trained across the county on the same laws and techniq
u
e
s
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 als
o
carry needed supplies and transportation of evidence and items to be tested back
Lo 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 investigato
r
s
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 rur
a
l
environments, heavily wooded areas, and in difficult terrait. A truck and trailer
are essential for the continued success of the NET Unit and enforcement of
t
h
e
MMMA.
Raid Vests: The funds would also be used to raid vests to protect officers during high-risk marijuana investigations. It is very common to have guns pres
e
n
t
during these investigations. The above referenced investigation involved a Middle
Eastern OTT where two individuals were shot. The main target in the investigatio
n
was in possession of 11 loaded guns at the time of hie arrest. Ie 2015, so
f
a
x
,
NET officers conducted 202 marihuana investigations which resulted in the
execution of 138 high-risk searches.
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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 DT0s) 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 investigaters safe while conducting high-risk operations. During 2015, so far,
NET investigators executed 136 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 MAMA, Grant Funds:
(28) Investigators at $49.26 per hr $133,971.74 (0.T. 28 investigators)
average 0.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 $9,753.16
(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: $32,725.00
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
GRANT NO2016BFLMMOG-OAKIAND
• 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. Telegaph 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, 3r d Floor
Lansing,MI 48933
(517-335-5970)
(litter; nir@michigan_goV)
GRANT PERIOD:
From January 1,2016 to September 15, 2016
TOTAL AUTHORIZED BUDGET: 5323,725
Federal Contribution: $
State Contribution: $323,725
Local Contribution: $
Other Contributions: $
ACCOUNTING DETAIL: Index/PCA No.:68800/75029
1
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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 DMsion/Boaxds 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 MMPIP 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.
12 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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 receiired 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 fuiads 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 performance 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
a. A summary of the project implementation plan and any deviations
from the original project as proposed.
b. 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.
EXHIBIT A- MMOO GRANT SUBRECIPIENT AGREEMENT
PART II- 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 elegation
Grantee may not delegate any °fits 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 sub grant with a subgantee. 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.
23 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
determination 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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
tatter 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 performed, and examine, copy, and audit all records related to this C-rant.
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 (S750,000 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
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 requited 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 subgantees 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 perfonnance 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.
33 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
EXHIBIT A- MMOO GRANT SUBRECIPIENT AGREEMENT
If the State terminates this Grant under this Section, the State will issue a
termination notice specifying whether Grantee must: (a) cease performance
immediately, or (b) continue to perform 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, at 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
3.7 Unfair Labor Practices
Under IVICL 423324, the State may void any Grant with a Grantee or subgantee 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-controI and without th IfaiiWinegence. Each party will use commercially reasonable efforts to resume performance. Grantee will not be
relieved of a breach or delay caused by its subgantees. 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 signal= 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 4gency. 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 C_Trantee certifies, to the best 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
EXHIBIT A- MMOO, GRANT SUBRECIPIENT AGREEMENT
B. If any finds 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 Form to Report
Lobbying," in accordance with its instructions_
C. The Grantee Shall require thaf 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, gant, 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
convenierts. Grantee must appoint agents in Michigan to receive service of process.
4.4 Compliance with Laws
Grantee must comply with M1 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 subgrantee, or an officer or director of Grantee or sub grantee. 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
a govenaniental 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 p arty-is necessary, Grantee wilfagee 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 subg,rantees. 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 tbi-s 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
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
5.0 Severability
If any part of this Grant is held invalid or unenforceable, by any co1211 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
EXHIBIT A - 2016 MOO GRANT SUBRECIPIENT AGREEMENT
5.2 Sird,:oatories
The signatories warrant that they are empowered to enter into this Agreement and agree to be bound by it.
Miketimmer
Director
Department of If.,icensing and Regulatory Affairs
State of Michigan
/
Date
Date Michael Gingen
Chairperson, Oakland County Board of Commissioners
Oakland County Sheriff Office
GRANT NO.20 1 6BPLMMOG- 0 AKLAND
Rev, 127/2016
13
EXHIBIT A- MOO GRANT SUBRECIPIENT AGREEMENT
DEPARTMENT OF TECHNOLOGY, MANAGEMENT;& BUDGET,
VEHICLE AND TRAVEL SERVICES (VT)
SCHEDULE OF TRAVEL RATES FOR CLASSIFIED and UNCLASSIFIED EMPLOY
E
E
S
Effective January 1, 2016
MICHIGAN SELECT CITES*
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 Approved Private Vehicle
Standard Rate (States 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
6.540 per miie
5.360 per mile
EXHIBIT A- MMOO GRANT SUBRECIPIENT AGREEMENT
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/Cou ntv
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
Massachusetts
Minnesota
Nevada
New Mexico
Boston (Suffolk), Burlington,
Cambridge
Woburn, Martha's Vineyard
Minneapolis/St, Paul (Hennepin and
Ramsey Counties)
Las Vegas
Santa Fe
Colorado Aspen, Telluride, Vail
Connecticut Bridgeport/Danbury
New York Manhattan (the borough of
Manhattan, Brooklyn, Bronx, Queens
and Staten Island, Riverhead,
Ronkonkoma, Melville
Suffolk County, Tarrytown, White
Plains, New Rochelle District of
Columbia
Florida
Idaho
Illinois
Louisiana
Maryland
Utah
Vermont
Virginia
Washington
Boca Raton, Delray Beach, Jupiter, Texas Fort Lauderdale, Key West
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)
Sun Valley/Ketchurn
Chicago (Cook and Lake counties)
New Orleans
Montgomery & Prince George County
Baltimore City, Ocean City
Austin, Dallas, Houston (LB. Johnson
Space Center)
Park City (Summit County)
Manchester, Stowe (Larnoille County)
Alexandria, Falls Church, Fairfax
Seattle
Pennsylvania Bucks County, Pittsburgh
Rhode Island Bristol,
Jamestown/Middletown/Newport
(Newport County) Providence
REIMBURSEMENT INCLUDES FRINGE BENEFITS (Y/N)? NUMBER OF OT HOURS I SALARY OT I FRINGE per Hour DATE OF OVERTIME! WORKED I RATE I (rate * fringe%) I TOTAL FO-RI77—FOTALS State of Michigan Department of Licensing and Regulatory Affairs Bureau of Professional Licensing Request for MMOG Overtime Reimbursement (Locals to County) OVERTIME FOR MARIHUANA INVESTIGATIONS ONLY EXHIBIT B 2016 MMOO GRANT SUBRECIPIENT AGREEMENT OFFICER'S RANK AND NAME LAW ENFORCEMENT AGENCY NAME PHONE NUMBER TASK FORCE MAILING ADDRESS TASK FORCE ORI NUMBER 1200 N. Telegraph Rd, Bldg 38 East, Pontiac, MI 48341 M16397597 I certify the below overtime hours were worked by eligible personnel, on marihuana-related investigations, on the dates/hours and at the pay rates stated, and that all expenses claimed are in compliance with the conditions of Michigan Grant zoi6BPLMMOGOAKLAND. REQUESTED BY (Officer's Signature) APPROVED BY (Supervisor's Printed Name and Signature) MMOG Overtime Reimbursement to Locals charged to 27323-4o3o9m-noo9o-731465 GR749 Please detail Fringe Percentage rate used ie - (Pension) 24.73% ± (Medicare)i 45%= 26.18% Fringe Amount (column D) 26.18% * 42.002=10.996 (P ease attach payroll report showing all expenses.)
FISCAL NOTE (misc. 1116174) July 20, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — FISCAL YEAR 2016 MICHIGAN MEDICAL MARIHUANA OPERATION
AND OVERSIGHT GRANT SUBRECIPIENT AGREEMENT
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. With Miscellaneous Resolution (#16093) the Oakland County Sheriff's Office Narcotics
Enforcement Team (NET) was awarded $323,725 from the Michigan Department of
Lice-nsing and Regulatory—Affairs Bureau—of-Professional Licensing -for the Fiscal Year (FY)
2016 for the Michigan Medical Marihuana Operation and Oversight (MMOO) Grant Program
for the period January 1, 2016 through September 15, 2016..
2. An interlocal governmental agreement addressing the reimbursement of overtime to the NET
participants (outside agencies) was deemed necessary for proper grant compliance.
3. There is no change to the original agreement between Oakland County and the State of
Michigan. A budget amendment is necessary to move a portion of the funding from account
(#712020) Overtime to account (#731465) titled Program to reimburse participating agencies.
4. A budget amendment is recommended for FY 2016 as follows:
MICHIGAN MEDICAL MARIHUANA FUND (#27323) FY 2016
Project: GR0000000749 Budget Reference 2016
Expenditures
4030901-110090-712020 Overtime
4030901-110090-731465 Program
Total Expenditures
($ 83,732)
83.732
FINANCE COMMITTEE
A _
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward and Quarles absent.
Resolution #16174 July 20, 2016
Moved by Hoffman supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Kochenderfer, KowaII, Long,
Middleton, Quarles, Scott, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (17)
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).
1 HEI4d6V Ar/PrIeVe TH1811418OLUTI
CHIEF DEPUTY ,;,IOUNIY EXECUTIVE
ACTING PURSUANT TO ML 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 July 20, 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 20 1h day of July, 2016.
Lisa Brown, Oakland County