Oakland County: Medical Marihuana Operation And Oversight Grant Contract And Info

[t-pain]

does anyone here actually read all of this?

(the following is a quick copy paste from pdf to text, there are errors sometimes when it cant recognize numbers or words, please refer to the pdf for accuracy)

 

https://www.oakgov.com/boc/Documents/agendas/public_service/16_04_12psag.pdf

 

 

 

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 (BRO). 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 (DTOs) 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 MM!'.'1A. The DTOs use rr,arihuana

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 DTOs.

 

The Oakland County Sheriff's Office will provide the Unit Conunander, 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 HIDTF., will increase

under the OCSO leadership.

 

 

OCSO's Commitment to NET:

(1) Lieutenant - Unit Commander

(4) Sergeants -Team Leaders

(5) Deputies - Team Members

Ill 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 nu_,_llber 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

MMM.A. 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 MMM.A. 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 rnarihuana 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 rnarihuana 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 rnarihuana 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 ofMMMA Grant Funds:

 

(28) Investigators at $49.26 per hr $133,971.74 (O.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 N0.20 I 6BPLMMOG-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, 3rd 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

l

GRANT

This is Grant #20 l 6BPLMMOG-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 marmer 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 $ 3 23, 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 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

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.

4

 

 

 

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 Delegation

Grantee may not delegate any ofits 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 sub grantee.

 

 

 

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

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 sha!l 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 I 0 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 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 goverrnnental 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 al!

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 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, 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 ofrace, 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 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

 

 

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 Form 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 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; ©

a Proceeding under the Sarbanes-Oxley Act; ( d) a civil Proceeding involving: (l) 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

 

 

5.2 Signatories

The signatories warrant that they are empowered to enter into this Agreement and agree

to be bound by it.

Director

Department of ic

State of Michigan

Michael Gingell

Chairperson, Oakland County Board of Commissioners

Oakland County Sheriff Office

GRANT N0.2016BPLMMOG-OAKLAND

[bobandtorey]

does anyone here actually read all of this? Nope 

But thanks anyway 

[Indigro]

The main gist... Give us some of that mmma money for...

 

VIII. Detailed Spending ofMMMA Grant Funds:

 

(28) Investigators at $49.26 per hr $133,971.74 (O.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

 

 

---

 

They get to go to a 4day, $10k grow class even, lol

But no apparent training on the mmma at all

[bobandtorey]

Also only an Indoor Marihuana Grow

 

What about the outdoor grow ? 

 

Leo only knows what we all know growing cannabis is against the Law if caught doing so 

 

sorry i'm off to a marihuana trial today for support

[+Malamute]

does anyone here actually read all of this?

 

 

Yes.

 

That is why I get paid the big bucks...(nothing) ;-)

[Smallbiz]

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.

 

 

They will have a list of names and addresses if they don't already, we all gave it to them.

[blanc]

The main gist... Give us some of that mmma money for...

 

VIII. Detailed Spending ofMMMA Grant Funds:

 

(28) Investigators at $49.26 per hr $133,971.74 (O.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

 

 

---

 

They get to go to a 4day, $10k grow class even, lol

But no apparent training on the mmma at all

 

You read it wrong, they are going to educate us about the mmma as they give us courteous visits at our door, door to door service.

 

Seriously though they probably can't admit to needing (nor do they want it) educating on the MMMA because that would be seen as neglect on their part after all these years. The status says "Acceptance", does that mean they got the grant or that they have agreed that this is the proposal they'll submit for the grant?

[Smallbiz]

The list they are using does not come from the registry. It more likely comes from seizures of patient and caregiver records from the dispensaries they have shut down here, and from other police interactions they are databasing as they occur.

I hope you are right, but I believe their are other list they use, just as easy to sit at a grow store and take plate # than going through hundreds of thousands of transactions on a computer. Plus I wonder what type of records they would keep? Since they are "illegal".

[Indigro]

They submitted the application and received the money already. They will have to submit a report on what they did with it later.

Zap... Can u guys apply for some money? Say snag $500k and send a fleet of defense lawyers to educate varying judges, prosecutors, and cop shops on the mmma? Vs the misappropriation for cars, raid vests, etc

[medmanmike]

A lot to digest. This did catch my eye. (More poppycock for sure!)

 

"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."

 

Kinda like Repubs - not keeping up with the science . . .

[king cannabis]

They don't educate anyone if they are in violation they raid, steal all possessions then arrest and prosecute to the fullest.

[t-pain]

I hope you are right, but I believe their are other list they use, just as easy to sit at a grow store and take plate # than going through hundreds of thousands of transactions on a computer. Plus I wonder what type of records they would keep? Since they are "illegal".

records are confidential. so if the police keeps them confidential they arent breaking any rules??

 

no idea.

[Wild Bill]

The marihuana is being used and sold as 'medical marihuana', when in reality, the majority of the cases is not for medical purposes.

We know this because of the extensive medical training we received at the police academy.

[trichcycler]

but, wait, when they knock on the door do people have to allow them into their homes and gardens? doing so could actually violate the MMMP rules.

 

I know people that work at grow stores, and dispensaries, visit both frequently,  no hassles at all. You never know,  they might be watching the subscribers of High Times Magazine too, like that one time in the seventies when they attacked grow stores. If they want low hanging fruit......dispensaries every few miles to think about.

 

 

 

Sometimes years go by and I dont even change a parking spot at a restaraunt. same car, same meet, same protocols. cops have driven by a couple times, once to eat, once they ate when i was. I didnt care one bit. to the day, still meet at the same spot with no hassles.

maybe if I drove around with a trunk full of priced out marijuana all packaged and ready for sale, waiting for the next buyer.....things might be different. I've seen those types too, and decided I wont deliver that far south anymore. I see cg transactions often actually with a keen eye. Most nobody would notice. Demographics play a part for sure.

 

anybody know of raids/arrests on a compliant grower, with no gray areas, no pounds, no hundy plants, no dispensaries, no unlocked doors, no outside registry sales ? etc?

[t-pain]

but, wait, when they knock on the door do people have to allow them into their homes and gardens? doing so could actually violate the MMMP rules.

i wouldnt answer the door (nor window) and i wouldnt talk to police. never talk to the police.

 

now if the cop says he smells mj, then present your card and drivers license. otherwise say nothing.

thats my story and i'm sticking to it.

[t-pain]

so you are saying that the card itself is not to be used as a search, but the smell is still grounds for a search for under 2.5oz/12plants?

 

thats real fun.

 

need some sec4 wizards to figure that out.

[trichcycler]

would a fenced locked gate prevent a warrant-less knock(excluding warrant-less raids)?  a dog walk-n-sniff at your door step and such?

[Kingdiamond]

"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."

 

Delusional scumbags ..

[trichcycler]

you gotta wonder why they always go after the users, instead of the smugglers, mailers, and transporters from other states. just like a microcosm of the big picture.

A terrorist could smuggle in thousands of other terrorists, bio weapons, guns, ammo, bombs, hand grenades, rocket launchers too, all in one smuggled shipment of heroin. scary to think that more than a dozen arrive per day unchecked.

but wait..how can this be????

 

"But after 9/11, the US military-industrial complex quickly invaded Afghanistan and began facilitating the reinstatement of the country's poppy industry. According to the United Nations Drug Control Program (UNDCP), opium cultivation increased by 657 percent in 2002 after the US military invaded the country under the direction of then-President George W. Bush

 

So while tens of thousands of Americans continue to be harmed or killed every year by overdoses from drugs originating from this illicit opium trade, and while cultivation of innocuous crops like marijuana and hemp remains illegal in the US, the American military is actively guarding the very poppy fields in Afghanistan that fuel the global drug trade. Something is terribly wrong with this picture.

 http://www.naturalnews.com/034289_Afghanistan_opium_trade.html#ixzz47XWuzSQn

 

[AmishRnot4ganja]

The problem with this picture is that nobody cares. People aren't interested enough to find out about stuff like this and to find out where their "representatives" stand on the issues.

The problem is that we no longer tell our government what to do. Our government tells us what to do.

There appears to be hope that this may be changing, but I ain't gonna hold my breath while waiting.

[Alphabob]

So were going to be educated on the MMMA by the people who have themselves refused education on the law based upon the last LARA grant and frequently misinterpret it. And what did they buy last time? Trucks, trailers, ipads, t-shirts, overtime pay, ect. Nothing to do with making things run more smoothly for the MMJ program.

 

And really… do they need additional overtime pay when they are keeping large civil forfeitures with all these cases? I can’t see how this work is equivalent to $130,000 per year or why salaried employees need overtime pay. Seems like someone is trying to help out their buddies with some free cash because if there was all of this additional work they would simply hire more officers at normal pay...

 

The real icing on the cake is whoever wrote this part:

 

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.

 

Were back to reefer madness, cause this statement is 100% false. How can we stop this abuse of grant money? It seems pretty illegal what they’ve been doing with it.

 

"In fact, studies show that only 9 percent of adults who use marijuana will become addicted. The number rises to 17 percent when cannabis use begins in the teens.

 

According to a heavily-cited study by NIDA researchers, tobacco is the most addictive substance with 31.9 percent of all users become addicted. Heroin has the second highest addiction rate (23.1 percent), followed by cocaine (16.7 percent) and alcohol (15.4 percent).

 

Compared to all of these drugs, marijuana has the lowest addiction rate — only 9.1 percent of all users become addicted.

 

http://www.leafscience.com/2015/11/11/marijuana-addictive/

[Indigro]

Grass, what a can of worms. Id like to smoke a bowl w u one of these days, c what kind of trouble we cant get in to.

 

Cant believe it, but netflix just put up a little intro vid on noam chomsky, blows my mind it would get air time, really does. I am quite sure he is on a domestic terrorist watch list, not joking too much here. Was shocked to c it. Just a primer, but good to watch. Actually think its just there to help identify the people that would watch it, to root out networks of thinking people.

[t-pain]

Trucks, trailers, ipads, t-shirts, overtime pay, ect. Nothing to do with making things run more smoothly for the MMJ program.

we should probably file a complaint that oversight grant isnt being used for education or oversight, instead being used to arrest and prosecute which goes against 333.26422 (where mmma sec2 says protect from arrest).

 

could i bribe you into writing something up alphabob? you dont have to attach your name to it or anything.

 

i guess the complaint would go to LARA director. like marijuana evidence bags would be an example of something that goes against the act, then you quote the act where it says marijuana shall not be seized, etc.

 

what do you think? interested in writing something ? i think we could get michael or someone to make a big deal out of it very publically. shame the whole LARA dept for this nonsense.

[trichcycler]

Grass, what a can of worms. Id like to smoke a bowl w u one of these days, c what kind of trouble we cant get in to.

.

 

Maybe... we already have????

[Willy]

we should probably file a complaint that oversight grant isnt being used for education or oversight, instead being used to arrest and prosecute which goes against 333.26422 (where mmma sec2 says protect from arrest).

 

could i bribe you into writing something up alphabob? you dont have to attach your name to it or anything.

 

i guess the complaint would go to LARA director. like marijuana evidence bags would be an example of something that goes against the act, then you quote the act where it says marijuana shall not be seized, etc.

 

what do you think? interested in writing something ? i think we could get michael or someone to make a big deal out of it very publically. shame the whole LARA dept for this nonsense.

You think there  buying child car seats with it!!   LOL

 

Sorry I couldn't resist  

Edited May 3, 2016 by Willy